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1. Waitangi Tribunal - Wai 2200 6.2.2 Scoping report [pdf, 2 MB]

   Table of Contents Introduction......................................................................................................................... 7 Research Themes and Issues........................................................................................... 8 Other research projects ..................................................................................................... 10 Other scoping inquiries .................................................................

2. Waitangi Tribunal - Wai 2200 7.2.2 Scoping report [pdf, 2 MB]

   Table of Contents Introduction......................................................................................................................... 7 Research Themes and Issues........................................................................................... 8 Other research projects ..................................................................................................... 10 Other scoping inquiries .................................................................

3. Handy v New Zealand Fire Service Commission (Strike-Out Application) [2018] NZHRRT 27 [pdf, 351 KB]

   ...Dr SJ Hickey MNZM, Member Mr BK Neeson JP, Member REPRESENTATION: Mr J Handy in person Mr GC Davenport defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 26 June 2018 DECISION OF TRIBUNAL STRIKING OUT PART OF STATEMENT OF CLAIM1 Introduction These proceedings under the Human Rights Act were brought against the New Zealand Fire Service Commission (NZFSC) by Jarvis-Montrel Handy in March 2016. Mr Handy’s claim concerns two complaints agai...

4. [2011] NZEmpC 120 Bourne, Conrad, Turner and NZ Merchant Service Guild Industrial Union of Workers Inc v Real Journeys Ltd [pdf, 305 KB]

   ...this was granted to an extent by the Chief Judge on 6 November 2009 when he directed that a hearing of the matter begin on 10 February 2010. Unfortunately, the nature and extent of that hearing were unclear and unsatisfactory when it began. The statement of claim failed to include the particulars required by subsections (3) and (4) of s 179 of the Act: 3 179 Challenges to determinations of the Authority ... (3) The election must— (a) specify the determination, or the part o...

5. FT v NSC LCRO 260 / 2010 (21 October 2011) [pdf, 100 KB]

   ...assessed by the Tribunal. LCRO proceedings do not provide the opportunity for this to take place, and indeed, it is not the role of the LCRO to undertake this exercise. FT is elevating the role of the LCRO beyond its function. [42] FT advances a defence of freedom of speech, referring to a number of cases in other jurisdictions. He considers that the jurisprudence in New Zealand relating to this is “immature” and “New Zealand is a non-democratic nation and does not deserve to...

6. BORA Major Events Management Bill [pdf, 330 KB]

   ...Presumptions give rise to an issue of inconsistency with section 25(c) because the defendant is required to disprove (on the balance of probabilities) the presumption to escape liability; whereas in other criminal proceedings a defendant must merely raise a defence in an effort to create reasonable doubt. Where a defendant is unable to disprove a presumption, she or he could be convicted even though reasonable doubt exists as to her or his guilt. 30. We consider that the presumption in c...

7. [2018] NZEmpC 48 Bayliss v Solar Bright Ltd [pdf, 297 KB]

   ...then, is whether the Authority erred in reaching its conclusions that there were breaches of the restrictive covenants with respect to three customers. [11] Initially, SBL was represented by counsel; for the purposes of this challenge, a statement of defence was filed and a separate challenge was brought by SBL against the Authority’s determination. [12] A telephone directions conference was convened on 15 September 2017, attended by representatives for both parties. C...

8. Wall v Karaitiana - Tauhara Middle 15 Trust (2007) 85 Taupo MB 225 (85 TPO 225) [pdf, 370 KB]

   ...and the CUl1"ent trustees are Adrian Paerata, Charles Wall, Frederick James Nicoll, John Tahau, Peter Clarke, Harvey Karaitiana, and Leslie Rehua Wall. Mr Leslie Wall is deceased and so there are presently six responsible trustees. [4] The statement of financial position in the annual accounts for year ending 31 March 2006 filed with the court disclose that the trust's net assets amount to $1,899, 061. The accounts also record that the trust made a surplus of after tax, expe...

9. Rules-Committee-Amendment-Rules-2022.pdf [pdf, 1.8 MB]

   ...instruments are in order for submission to Cabinet. Impact analysis 16. Treasury's Regulatory Impact Analysis team has determined that the Rules Committee Amendment Rules 2022 package is exempt from the requirement to provide a Regulatory Impact Statement on the grounds that it has no or only minor impacts on businesses, individuals, and not-for-profit entities. 17. The Climate Implications of Policy Assessment (CIPA) team has been consulted and confirms that the CIPA requi...

10. [2024] NZEmpC 69 Magnum Hire Ltd v Parker [pdf, 224 KB]

    ...Authority and the timing of the application for a stay.17 In terms of whether a stay would injuriously affect anyone, counsel for Mr Parker said that if a stay is issued, he will need to take on substantial debt or liquidate assets to support his defence of the challenge, which would impose financial difficulties on his family and could further undermine his fragile mental health, whereas the plaintiffs are clear that they will have no financial difficulty in paying the awards. Cou...