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1. COVID-19 Public Health Response Amendment Bill [pdf, 687 KB]

   ...occurred without proof of mens rea. The accused is required to prove a defence (on the balance of probabilities), or disprove a presumption, to avoid liability. 14. Although infringement offences do not result in a criminal conviction,5 the Court of Appeal in Henderson v Director, Land Transport New Zealand held that the rights in ss 24 and 25 of the Bill of Rights Act apply to minor offences dealt with under the infringement notice regime.6

2. Spicer - Ngāporo No.2 (2023) 465 Aotea MB 21 (465 AOT 21) [pdf, 289 KB]

   ...beneficiaries to the trouble and expense. (b) A trustee need not hesitate to apply where there are factual or legal difficulties and sufficient at stake to warrant the cost. 9 Tito – Mangakahia 2B2 No 2A1A [2011] Maori Appellate Court MB 86 (2011 APPEAL 86) at [28]. 10 The New Zealand Guardian Trust Company Ltd v Hewitt (1998) 1 NZTR 8-001; Melville v NRMA Insurance NZ Ltd (2002) 1 NZTR 12-002; and Holland v Jonkers [2021] NZHC 3469. 465 Aotea MB 26 (c) Questions...

3. Environment Court COVID-19 Protection Framework [pdf, 165 KB]

   ...the mediation/conference should proceed by telephone or audio- 3 A web-based videoconferencing system supported by the Ministry of Justice and Spark. https://www.courtsofnz.govt.nz/publications/announcements/covid-19/court-protocols/court-of-appeal/#remote-hearings-protocol visual link, or be adjourned. One consideration in determining whether a matter is to be dealt with in whole or in part through remote participation is the known vaccination status of participants. Hygi...

4. Land Valuation Tribunal COVID-19 Protection Framework [pdf, 166 KB]

   ...mediation/conference should proceed by telephone or audio-visual link, or be 3 A web-based videoconferencing system supported by the Ministry of Justice and Spark. https://www.courtsofnz.govt.nz/publications/announcements/covid-19/court-protocols/court-of-appeal/#remote-hearings-protocol adjourned. One consideration in determining whether a matter is to be dealt with in whole or in part through remote participation is the known vaccination status of participants. Hygiene...

5. Add or Remove a Class Individual Licence or COA [pdf, 226 KB]

   ...under section 65 of the Land Transport Act 1998, or an earlier equivalent provision?  Yes  No Have you ever been ordered by a court to be imprisoned following conviction for an offence and that conviction or order has not been quashed on appeal?  Yes  No In the last 7 years, have you ever been convicted by a New Zealand court of an offence under the Private Security Personnel and Private Investigators Act 2010 or Private Investigators and Security Guards Act 1974 for worki...

6. Zhang v The First Org Ltd (Strike Out) [2024] NZHRRT 11 [pdf, 163 KB]

   ...condition, or requirement shall be unlawful under that provision unless the person whose conduct or practice is in issue, or who imposes the condition or requirement, establishes good reason for it. [18] That section has been described by the Court of Appeal decision in Ngaronoa v Attorney-General in the following terms: 9 [119] Indirect discrimination under s 65 of the Human Rights Act can arise when a criterion in a law or policy, which is not on its face discriminatory, correspon...

7. [2025] NZEmpC 22 Menzies v Corrigan [pdf, 205 KB]

   ...well as the company. [26] On the other hand, I do not consider that there is any basis for a stay of execution of the Authority’s costs award in Mr Corrigan’s favour. That sum remains 12 Although dealing with an application to bring an appeal out of time, the Supreme Court made helpful observations about the necessarily superficial nature of any consideration of the merits of cases at an interlocutory stage in Almond v Read [2017] NZSC 80, [2017] 1 NZLR 801 at [39]....

8. OIA-Use of rough sex defense in court [pdf, 1.2 MB]

   ...incorrect judicial directions about NSW consent laws. In the retrial, the judge acquitted the defendant; the judgment included an observation that the complainant did not verbally protest or ‘take any physical action to move away.’ The prosecutor’s appeal was successful and the acquittal was set aside, but a retrial was not ordered on the basis it would be unfair to try the accused for a third time. • NSW’s laws were last amended in 2007. They currently contain: o a positive...

9. B-Application-for-an-Individual-Licence-form_Updated_PDF_Final.pdf [pdf, 207 KB]

   ...section 65 of the Land Transport Act 1998, or an earlier equivalent provision?  Yes  No Have you ever been ordered by a New Zealand court to be imprisoned following conviction for an offence and that conviction or order has not been quashed on appeal?  Yes  No In the last 7 years, have you ever been convicted by a New Zealand court of an offence under the Private Security Personnel and Private Investigators Act 2010 or Private Investigators and Security Guards Act 1974 for...

10. Pillot - Part Tokaanu B2L(2024) 488 AOT 32 (488 AOT 32) [pdf, 214 KB]

    ...King1: “In Brown v Māori Appellate Court 2, the High Court set out the approach to considering an application for partition. That approach has been adopted by this Court, by the Māori Appellate Court, and was recently endorsed by the Court of Appeal 13. This approach is helpfully summarised in Hammond – Whangawehi 1B3H13: The Court has exclusive jurisdiction to grant partition orders in relation to Māori freehold land in accordance with Part 14 of the Act. That jurisdict...