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1. Teina Pora compensation claim quantum report [pdf, 9 MB]

   ...conclusions can be reached as to whether there were undisclosed payments to Crown witnesses. Most records of rewards have been lost. The payment to Terry McLaughlin was confirmed only after evidence of the payment was found in the file of Mr Pora's defence counsel. (d) Loss of records 63. Documents pertaining to rewards were among a number of records that had been lost or disposed of. In that category also are notes presumed to have been made of discussions with Martha McLaug...

2. Scope of inquiry Minute October 2021 [pdf, 314 KB]

   IN THE CORONER’S COURT AT AUCKLAND (IN-CHAMBERS) I TE KŌTI KAITIROTIRO MATEWHAWHATI KI TĀMAKI MAKAURAU [I TE TARI] CSU-2019-CCH-000165 CSU-2019-CCH-000166 CSU-2019-CCH-000167 CSU-2019-CCH-000168 CSU-2019-CCH-000169 CSU-2019-CCH-000170 CSU-2019-CCH-000171 CSU-2019-CCH-000172 CSU-2019-CCH-000173 CSU-2019-CCH-000174 CSU-2019-CCH-000175 CSU-2019-CCH-000176 CSU-2019-CCH-000177 CSU-2019

3. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 47 [pdf, 129 KB]

   ...transcript and any reference to its contents from the record. [34] Rather than making the order sought, we dealt with the matter in our decision on quantum. We found that Mr Holyoake was attempting to introduce new evidence and to raise a new defence. We noted that he had not provided the transcript before or at the hearing and that there had been no opportunity to question witnesses about the alleged settlement. Further, it was noted that the transcript showed that, co...

4. BORA Sale and Supply of Liquor and Liquor Enforcement Bill [pdf, 312 KB]

   ...margin of error in readings: see, similarly, Duggan-Rowlands v CAA Insurance Company, SR 2894/05, Ontario Superior Court of Justice, 21 March 2007. 12. RJR-MacDonald Ltd v Canada [1995] 3 SCR 199 (SCC) 13. See above, n 1. 14. Regulatory impact statement: proposed changes to regulation of alcohol advertising, p. 27 15. Canada (Attorney-General) v JTI-Macdonald Corp (2007 SCC 30). 16. Attorney-General of Quebec v Irwin Toy Ltd [1989] 1 SCR 927 (SCC). 17. R v Hansen [2007] 3 NZLR 1 (SC)....

5. MD v KM Ltd [2020] NZDT 1328 (30 January 2020) [pdf, 242 KB]

   ...she had no knowledge of the extent of the pony’s propensity. The pony had only been in her care for approximately six weeks. Videos and photos of the pony during this time suggested that it behaved well. However, Ms M’s lack of knowledge is no defence. Subsequent events proved that the advertisement was unfortunately misleading. 11. One of the most difficult aspects of any case of this nature is the fact that a horse can change in a new environment. The process of moving to a...

6. LCRO 171/2018 QZ v UJ (19 December 2018) [pdf, 169 KB]

   ...the Committee concluded had been breached by Mr QZ, this providing the basis for its unsatisfactory conduct finding), central to r 2.7 is the element of improper purpose. [48] Mr QZ did not, in the course of the hearing, attempt to provide robust defence to the r 2.7 unsatisfactory conduct finding. He conceded, having had an opportunity to reflect on the matter, that he should not have drafted his correspondence in the manner he did. He focused at the hearing on providing the broa...

7. LCRO 150/2016 DN v [Area] Standards Committee (14 November 2018) [pdf, 182 KB]

   ...fundamentally procedurally unfair, and a breach of the audi alteram partem rule, to require a practitioner to speculate about matters that are not fairly put to him. Ground 5. In paragraph 17 the [Area] Standards Committee took the view that Mr DN’s defence of the ‘own motion’ claim against him was misconduct and something they could take into account. Ground 6. The [Area] Standards Committee failed to take into account that: (a) passports issued by foreign countries are not su...

8. [2024] NZEnvC 098 Neale Russell Limited v Waikato District Council [pdf, 408 KB]

   ...flights required to rescue persons from life threatening situations; or (iii) Emergency flights to transport patients, human vital organs or medical personnel in a medical emergency; or (iv) Flights required to meet the needs to a national or civil defence emergency declared under the Civil Defence Emergency Management Act 2002; or (v) Flights required to meet the requirements of national security; or (v) (vi) Aircraft using the airfield due to unforeseen circumstances as an (2) Activity...

9. Te Hiwi v Tahamata Incorporation (2005) 148 Aotea MB 265 (148 AOT 265) [pdf, 606 KB]

   ...316. The members of the present committee of management are Martin Wehipeihana, Horace Lawton, Tana Carkeek, Stewart Robertson, Margaret Smith, Phillip Putu, and Jeanette Gregory ("the Committee"). According to the 2004 annual accounts the statement of financial position revealed that the Incorporation has assets of $3,297,001, liabilities of $1,784,296, leaving net assets of $1,512,706. The statement of financial performance disclosed that for the 2004 financial year the Incorp...

10. Rafiq v Ministry of Business, Innovation and Employment [2013] NZHRRT 9 [pdf, 83 KB]

    ...of Business, Innovation and Employment. Consolidation of proceedings [3] By Minute dated 23 December 2011 the Chairperson consolidated these three proceedings under Regulation 16(1) of the Human Rights Review Tribunal Regulations 2002: [3] The statement of reply filed by the Chief Executive in these three matters at para [4] also points out that the statement of claim in HRRT 037/2011 is bereft of particulars and it is possible that the claims in 037/2011 and 039/2011 relate to the sa...