Search Results

1. MN v LO [2024] NZDT 199 (12 March 2024) [pdf, 143 KB]

   ...induced to enter a contract by a misrepresentation, whether innocent or fraudulent, that person is entitled to damages (a form of compensation) as if the representation were a term of the contract that has been breached. 7. A misrepresentation is a statement of past or present fact that is not correct. The words in question are to be considered in the way they would reasonably have been understood by the party hearing them, and what the party using those words says they meant or intende...

2. [2015] NZEmpC 157 Labour Inspector v Cypress Villas Ltd full court [pdf, 515 KB]

   ...Authority issued on 3 April 2014. 1 The delays in getting the case to hearing arose because of difficulties in serving the defendant and the proposed second defendant. That was eventually achieved and the proposed second defendant has filed a statement of defence. The defendant has taken no step to defend the challenge and there is no cross-challenge by the defendant. [3] The Labour Inspector commenced proceedings in the Authority seeking to recover underpaid wages and holida...

3. Regulatory Impact Statement Parliamentary privilege bill [pdf, 302 KB]

   ...individuals or organisations in some circumstances.  For that reason, a distinction is drawn between  absolute and qualified privilege.   54. Absolute privilege provides a complete defence to any legal proceedings (whether civil or criminal)  brought  in  respect  of  protected material  (e.g.  statements  in  the  House).    In  contrast,  qualified  privilege provides a qualified defence to proceedings based on the protected materia...

4. [2013] NZEmpC 174 Udovenko v Offshore Marine Services (NZ) Ltd [pdf, 66 KB]

   ...ARTHUR UDOVENKO v OFFSHORE MARINE SERVICES (NZ) LIMITED NZEmpC AUCKLAND [2013] NZEmpC 174 [19 September 2013] IN THE EMPLOYMENT COURT AUCKLAND [2013] NZEmpC 174 WRC 2/13 IN THE MATTER OF application for leave to file amended statement of claim BETWEEN ARTHUR UDOVENKO Plaintiff AND OFFSHORE MARINE SERVICES (NZ) LIMITED Defendant Hearing: On the papers filed by the plaintiff on 17 and 18 September 2013 and the defendant on 18 S...

5. Family Violence Bail (FVB) pilot evaluation - final report [pdf, 1.1 MB]

   ...case across the pilot courts. • The evaluation found that for Officers in Charge (OIC) and Police File Management Centre (FMC) personnel there were some workload impacts associated with preparing additional information for court. • Legal defence personnel were not very aware of the Judge’s Packs and it was not clear if they should be viewing the information. Legal defence personnel said that this impacts on fair process in the Justice system (i.e., Police Family Violence Sum...

6. 2019-11-13 Allen + Clarke FVB Pilot Evaluation Final Report 004 [pdf, 1.1 MB]

   ...case across the pilot courts. • The evaluation found that for Officers in Charge (OIC) and Police File Management Centre (FMC) personnel there were some workload impacts associated with preparing additional information for court. • Legal defence personnel were not very aware of the Judge’s Packs and it was not clear if they should be viewing the information. Legal defence personnel said that this impacts on fair process in the Justice system (i.e., Police Family Violence Sum...

7. 2021-11-03 ORC - Legal submissions - PC8 - primary sector hearing [pdf, 288 KB]

   ...range of matters. 4 PC8 (and the suite of improvements made through the expert conferencing and mediation processes) marks a step toward the implementation of a land and freshwater management regime that gives full effect to the National Policy Statement for Freshwater Management 2020 (NPSFM 2020). Whilst it is readily acknowledged that there is more work to be done, PC8 is an important step for the Council. 5 It is expected that the new land and water plan, due to be notified...

8. E3 Russell Green Emirates Team New Zealand EIC Applicant [pdf, 751 KB]

   ...removal. I will deal further with the concerns of ETNZ in relation to design guidelines shortly. All challengers will wish to accommodate guest and supporter hospitality during the event. This was the case for all bases in Auckland for the previous defences and for the bases overseas on every occasion ETNZ has been a challenger. Calm water conditions To host an America’s Cup event, it is critical that the development creates a calm water space. Waitemata Harbour, on an isth...

9. Proactive-release-Review-of-the-Operation-and-Performance-of-the-Public-Defence-Service-2021.pdf [pdf, 1.5 MB]

   Cover Note 22 June 2023 The following statement can be attributed to Public Defence Service Director, Peter Hutchinson: In April 2021 Michael Heron KC was asked to complete a review of the operation and performance of the PDS. The review was requested as part of good governance practice, rather than because of any specific issue identified with the PDS. Overall Mr Heron’s report concluded that “the organisation provides a very valuable service to clients and stakehold...

10. BORA Securities Legislation Bill [pdf, 122 KB]

    ...proceedings must prove, beyond reasonable doubt, that the accused is guilty. Strict liability and reverse onus offences give rise to an issue of inconsistency with section 25(c) because the accused is required to prove (on the balance of probabilities) the defence to escape liability; whereas, in other criminal proceedings an accused must merely raise a defence in an effort to create reasonable doubt. Where an accused is unable to prove the defence, then he or she could be convicted even...