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...concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel 6 Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [162]
...Judgment: Introduction A20030005879 UNDER Sections 338(7) and 338(8), Te Ture Whenua Maori Act 1993 IN THE MATTER OF Rurima DAYLE EVELYN FENTON Applicant 19 May 2005, 106 Whakatane MB 178 30 .A.pril2004, 102 Whakatane MB 196 11 December 2003, 101 Whakatane NIB 256 23 December 2005 RESERVED JUDGMENT OF JUDGE L R HARVEY [1] The background to these proceedings is set out in my judgment of 30 April 2004, 102 Whakatane MB 196 and need not be repeated here. In summary, Kei Mer...
...settlement rate (93%), a tribute to the effectiveness of the Tribunal’s procedures. JURISDICTION AND GENERAL INFORMATION Establishment and Function of the Tribunal The Tribunal is based in Auckland. It was established in 2007 by section 101 of the Weathertight Homes Resolution Services Act 2006 (the Act). It is part of Government’s response to the ‘leaky homes crisis’ enabling claims by the owners of dwellinghouses (stand-alone homes, townhouses and apartments) to...
...respectfully urged to consider reform of the tribunal sector, as briefly discussed later. JURISDICTION AND GENERAL INFORMATION Establishment and Function of the Tribunal The Tribunal is based in Auckland. It was established in 2007 by section 101 of the Weathertight Homes Resolution Services Act 2006 (the Act). It is part of Government’s response to the ‘leaky homes crisis’ enabling claims by the owners of dwellinghouses (stand-alone homes, townhouses and apartments)...
...context. 17. On this basis, we regard searches under the Bill as being reasonable, and thus not in conflict with s 21 of the Bill of Rights Act. Section 25(c) - Right to be presumed innocent until proven guilty 2 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 3 Above n1 at [162]. 4 At [172]. LEGAL ADVICE LPA 01 01 24 18. Section 25(c) of the Bill of Rights Act affirms that everyone who is charged with an offence has, in relation to the determi...
...Regulations 2000. While the financial component was the 4 Morgan v Whanganui College Board of Trustees [2014] NZCA 340, [2014] 3 NZLR 713, [2014] ERNZ 80 at [11]. 5 Moore v McNabb (2005) 18 PRNZ 127 at [56]. 6 Employment Relations Act 2000, ss 101(ab), 143(b). 7 Martinsen, above n 3, at [16]. same, a Calderbank offer can be (and often is) made with a financial component that is identical to a previous without prejudice offer.8 [16] The new elements mean the o...
...variously refers to these allegations as “fanciful”, “baseless” or as otherwise lacking evidence in support.24 20 At [36]. 21 At [29]. 22 At [71]. 23 At [74]. 24 At [85], [86], [89], [101] and [103]. 8 Overcharging [40] Mr FT acted for the ABs for approximately 12 months. He has described in detail the nature and extent of that retainer. For that work, Mr FT charged fees totalling $85,204.63 (including GST). Comp...
...offences 1 0 2 0 1 3 1 2 0 4 2% 0% 2% 0% 1% 3% 1% 1% 0% 2% 15: Offences against justice procedures, government security and government operations 1 1 2 2 5 3 1 3 7 8 2% 2% 2% 2% 5% 3% 1% 2% 4% 4% 16: Miscellaneous offences 0 0 0 0 0 0 1 0 1 0 0% 0% 0% 0% 0% 0% 1% 0% 1% 0% Total 57 59 102 94 101 108 125 145 194 178 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 3.Unfit-gender ethnicity age Table 3: Number and percentage of people found unfit to stand trial, by gender, ethnicity and age...
...offences 0 2 0 1 3 1 2 0 4 1 0% 2% 0% 1% 3% 1% 1% 0% 2% 1% 15: Offences against justice procedures, government security and government operations 1 2 2 5 3 1 3 7 8 5 2% 2% 2% 5% 3% 1% 2% 4% 4% 3% 16: Miscellaneous offences 0 0 0 0 0 1 0 1 0 0 0% 0% 0% 0% 0% 1% 0% 1% 0% 0% Total 59 102 94 101 108 125 145 194 180 159 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 3.Unfit-gender ethnicity age Table 3: Number and percentage of people found unfit to stand trial, by gender, ethnicity and age...
...offences 0 1 3 1 2 0 4 1 0 1 0% 1% 3% 1% 1% 0% 2% 1% 0% 1% 15: Offences against justice procedures, government security and government operations 2 5 3 1 3 7 8 5 8 7 2% 5% 3% 1% 2% 4% 4% 3% 4% 4% 16: Miscellaneous offences 0 0 0 1 0 1 0 0 0 0 0% 0% 0% 1% 0% 1% 0% 0% 0% 0% Total 94 101 107 124 145 193 180 159 191 184 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 3.Unfit-gender ethnicity age Table 3: Number and percentage of people found unfit to stand trial, by gender, ethnicity and ag...