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1. BORA Unsolicited Electronic Messages Bill [pdf, 332 KB]

   ...beyond reasonable doubt, and that the state must bear the burden of proof. 27. In strict liability offences, once the Crown has proved the actus reus, the defendant can escape liability by proving, on the balance of probabilities, either the common law defence of total absence of fault, or a statutory defence that embodies that defence. In general, defendants should not be convicted of strict liability offences where an absence of fault or a "reasonable excuse" exists. 28. A s...

2. The Pae Ora (Healthy Futures) Bill [pdf, 179 KB]

   ...To give full recognition to this fundamental principle of criminal law, the prosecution must retain both the legal burden of proving every element of an offence to the required standard of proof, and the onus for disproving any potentially available defence. 32. Clause 73 of the Bill creates two strict liability offences. a. Every person who fails, without reasonable excuse, to comply with a requirement imposed under Sch 4 by the chairperson of a mortality review committee to provide i...

3. ENV-2016-CHC-000071 Application for Declarations [pdf, 3.6 MB]

   BEFORE THE ENVIRONMENT COURT ENV-2016- IN THE MATTER AND IN THE MATTER BETWEEN AND of the Resource Management Act 1991 of an application for declarations under Part 12 of the Act ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED Applicant MACKENZIE DISTRICT COUNCIL Respondent APPLICATION FOR DECLARATIONS BY ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED 17 November 2016 Counsel Acting: R B Enright / MCWright PO Box 91736 Victoria Street West Auckland 1142 E: madeleine@ed...

4. [2011] NZEmpC 70 Telecom New Zealand Limited v Long published version [pdf, 73 KB]

   ...to breach that prohibition, if he has not done so already, and the subject matter of the search will be important, even vital, evidence in that regard. [19] Although Mr McIlraith, as counsel for the plaintiff, has properly referred to possible defences by Mr Long, these potential defences relate to the restraint cause of action but not to the misuse of confidential information cause of action. The other possible defence that is identified (that Mr Long was unjustifiably dismissed b...

5. Wai 2180 Taihape inquiry newsletter 6 Feb 2018 [pdf, 806 KB]

   ...witnesses shared their own experiences and the experiences of their tupuna, living and taking care of land and waterways within the northern land blocks. Kōrero included stories of growing up at Moawhango; current arrangements with the New Zealand Defence Force for access to the defence lands; and the history of the ownership of the Oruamatua-Kaimanawa 2Q1 and 2Q2 blocks, as brief examples. From top-left: Claimant taonga displayed at hearing week 3; interior fern set; Dr Monty Sout...

6. [2022] NZEmpC 235 THL (2005) and ors v NEN and MDL [pdf, 179 KB]

   ...within the jurisdiction of the employment institutions. 2 High Court Rules 2016, r 32.3(2)(a). 3 Dotcom v Twentieth Century Fox Film Corp [2014] NZCA 509, (2014) 22 PRNZ 479 at [18] and [31]. The applicants have identified possible defences [25] Rule 32.2(3)(a) requires the applicants to identify possible defences available to the respondents. The applicants have done so. They note the first respondent may wish to call evidence that the alleged “ghost contracto...

7. [2024] NZEnvC 164 Barbican Securities Ltd v Auckland Council [pdf, 162 KB]

   ...is poorly pleaded or presented; • where it becomes apparent that a party has failed to explore the possibility of settlement when a compromise could reasonably have been expected; • where a party takes a technical or unmeritorious point or defence, and fails. [11] As set out in Goodwin v Wellington City Council the Bielby factors have now come to be applied not just in determining whether higher than normal costs should be awarded but in determining whether costs should be a...

8. [2024] NZEnvC 263 North Canterbury Fish & Game Council v Canterbury Regional Council [pdf, 300 KB]

   ...TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 263 IN THE MATTER of the Resource Management Act 1991 AND an application for declarations under s311 of the Act BETWEEN NORTH CANTERBURY FISH AND GAME COUNCIL AND THE ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2023-CHC-138) Applicants AND CANTERBURY REGIONAL COUNCIL AND THE MINISTER FOR THE ENVIRONMENT Respondents Court: Environment Judge P A Steven Environment Judge K G Reid Hearing: in Chambers at...

9. Countering foreign interference

   ...they are likely to, harm a New Zealand interests specified in the offence through their actions. The offence holds people to account for undertaking interference activity targeting New Zealand interests that affect everyone, including our security or defence, the conduct of elections, and government decision-making. It also protects individuals and their communities by criminalising activities that aim to undermine personal safety and security, or the exercise of rights and freedoms. This is...

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10. Auckland Standards Committee 3 v Ms W [2023] NZLCDT 35 (17 August 2023) [pdf, 214 KB]

    ...not, read in context, impose on her a solemn duty to the court beyond the ordinary terms of a timetable order. We find she was not subject to an undertaking of the kind referenced in r 10 of the Rules. [10] The second charge involved nine false statements made by the practitioner to her client and to the opposing lawyers between August 2019 and February 2021. The practitioner had accepted instructions to pursue a civil claim for alleged negligent building design. Her false statem...