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...…………………………………………………………………... [57] Burdens of proof in claims for penalties …………………………………………… [60] A defence to the damages claims …………………………………………………... [101] Decision of strike issue……………………………………………………………... [106] Breach of s 4 (good faith)? ………………………………………………………… [117] Pena...
...Seamount Explorer reinforced Mr Gaddum’s view that Captain Hines deliberately withheld it. That was a view open to him. 14 George v Auckland Council [2013] NZEmpC 179, [2013] ERNZ 675 at [101]. Issue 2: Was the investigation and disciplinary process fair and reasonable in the circumstances? [96] Section 103A(3) of the Act requires the Court to consider: (a) whether the employer sufficiently investigated the alleg...
...licence to occupy the land? [100] It is clear that a formal arrangement was never entered into granting the Tahere whānau a right to occupy the land. There is no occupation order, lease, residential tenancy, or other written agreement in place. [101] It is also clear that there has been a long history of dealings between the trustees and the Tahere whānau concerning their occupation of the land. [102] The question arises as to whether the action, or inaction, of the trustees ov...
'BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC032- of the Resource Management Act 1991 of an appeal pursuant to s 174(1) of the Act TAURANGA CITY COUNCIL (ENV-20 18-AKL-007) Appellant MINISTER OF EDUCATION Respondent Principal Environment Judge L J Newhook Environment Judge D A Kirkpatrick at Auckland on 19 November 2018 P M S McNamara and T R Fisch
BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 84 of the Resource Management Act 1991 of an application for declarations under section 311 of the Act KILMARNOCK FARM LIMITED (ENV-2018-CHC-162) Applicant CANTERBURY REGIONAL COUNCIL Respondent Court: Environment Judge J R Jackson (Sitting alone under section 309(1) RMA) Hearing: at Christchurch on 15 October 2018 Appearances: K G Reid and N
...action or uphold it and impose one or more sanctions.5 [100] The sanctions that may be imposed by the Tribunal are set out in the Act.6 The focus of professional disciplinary proceedings is not punishment but the protection of the public.7 [101] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ in cogency, depending on the gravi...
1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 46 Reference No. HRRT 002/2015 UNDER THE PRIVACY ACT 1993 BETWEEN PAKI TOIA PLAINTIFF AND DEPARTMENT OF CORRECTIONS DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson Mr RK Musuku, Member Mr BK Neeson JP, Member REPRESENTATION: Mr P Toia in person Mr AW Taylor (applicant to be heard) in person Mr MJ McKillop for defendant Ms I Zadorozhnaya
...“circumstances” surrounding it. If an issue 2 Legislation Act 2019, s 10(1) 3 Wallace v Attorney General [2021] NZCA 506 at [275]. 4 These being a matter for inquiry under s 57(2) of the Coroners Act. 5 Osman v United Kingdom [1998] ECHR 101, cited by the Chief Coroner in the Minute at [60]. 6 See R v Fitzgerald [2021] NZSC 131, in particular Winkelmann CJ at [36] to [57]. 5 relating to any of the listed matters is to be excluded from scope, there must be a legitima...
...customary use, activity or practice which does not necessarily depend on underlying ownership of the land. 20 Pākia Ki Uta, Pākia Ki Tai: Report of the Ministerial Review Panel (Vol 1) 2009 p 101. REVIEW OF THE FORESHORE AND SEABED ACT 2004: ANALYSIS OF REPLACEMENT REGIMES IN CONFIDENCE - EXTRACTS SUBJECT TO LEGAL PRIVILEGE Page 13 of 32 Policy options 38 The four policy options for replacing the 2004 Act identified in...
...Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 6 Immigration Advisers Licensing Act, s 50. 7 Section 51(1). 8 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] and [151]. 9 At [97], [101]–[102] and [112]. 16 [59] In a Minute (1 December 2023), the Tribunal directed a hearing be held concerning the first and second heads of complaint only. From the Registrar [60] There is a statement of complaint (2 October 202...