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1. Supplementary Order Paper on Taxation (Annual Rates for 2020-21, Feasibility Expenditure and Remedial Matters) Bill [pdf, 182 KB]

   ...2 Section 20E, 20F and 20G relate to the disclosure of tax advice documents, which under s 20B do not need to be disclosed. 3 See, for example, Slaight Communications v Davidson 59 DLR (4th) 416; Wooley v Maynard 430 US 705 (1977). The Court of Appeal has confirmed that every person has a general common law right to refuse to answer questions posed by an official: Taylor v New Zealand Poultry Board [1984] 1 NZLR 349 (CA); Paul Rishworth et al. The New Zealand Bill of Rights (Oxford Unive...

2. Mikaere v Smallman - Mangatawa No8A (2021) 213 Waikato Maniapoto MB 277 (213 WMN 277) [pdf, 210 KB]

   ...absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [16] There are several superior court authorities regarding the principles applicable to the serious step of removal of trustees. They include the Court of Appeal judgments Rameka v Hall and Naera v Fenwick, and the Maori Appellate Court decision of Perenara v Pryor.2 [17] These authorities support the following general propositions: (a) removal is a serious step and is not undertaken lightly...

3. WXY v Attorney-General (Strike-Out Application) [2014] NZHRRT 37 [pdf, 59 KB]

   ...NZLR 456 parents of adult disabled children challenged a Ministry of Health policy of excluding family members from payment for various disability support services provided by them to their children. In a decision given on 14 May 2012 the Court of Appeal held that the policy was discriminatory on the ground of family status because parents willing to provide natural disability support for their children were materially disadvantaged because they did not receive payment. [12] The respon...

4. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Evidence - Jacinta Ruru [pdf, 955 KB]

   BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent BRIEF OF EVIDENCE OF JACINTA RURU ____________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor on record: B Irving Solicito...

5. National Standards Committee v Jefferies [2016] NZLCDT 29 [pdf, 40 KB]

   ...3 [7] Mr Jefferies pleaded guilty in August of 2015, following a negotiation over the summary of facts. This was over a year after being charged. He was sentenced to total fines of $1,300, having sought a discharge without conviction. On appeal the sentence was upheld. [8] Unsurprisingly Mr Jefferies’ offending attracted considerable media attention. Submissions on seriousness [9] Mr Davey, on behalf of the National Standards Committee drew the Tribunal’s attention to...

6. PSPLA - Form E: Company Officer form [pdf, 282 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...

7. [2019] NZEmpC 93 ITE v ALA [pdf, 278 KB]

   ...judgment; and the basis for such an order was not then spelt out adequately. [9] It is also relevant that after the issuing of the judgment of the external court, the Supreme Court issued a judgment dealing with an application for leave to appeal brought by ITE; that application was dismissed. For present purposes the key point is that the most senior court in this jurisdiction recognised that this Court’s non-publication orders were to be maintained. Accordingly, it anony...

8. HRRT Statement of Claim (Privacy) [pdf, 297 KB]

   ...________________________________________________________________________________________ P a g e | 8 STATEMENT OF CLAIM If your claim relates to an access complaint, and the Privacy Commissioner has issued an access direction, please include whether the access direction has been appealed by the defendant, or whether you have asked the Tribunal to enforce the access direction. 1.______________________________________________________________________________________ _______________...

9. Powell v Savage - Lot 7A Parish of Matata (Oniao Marae) (2020) 246 Waiariki MB 265 (246 WAR 265) [pdf, 210 KB]

   ...an election can occur. As I indicated at the hearing, any of the current responsible trustees may wish to stand for re-election. Provision should also be made for voting by both show of hands and ballot if requested. Moreover, as the Court of Appeal confirmed in Clarke v Karaitiana this Court should fashion election processes that facilitate the widest possible participation by trust beneficiaries.9 [22] In addition, any proposed changes to the marae charter should be properly sp...

10. [2020] NZREADT 36 - Complaints Assessment Committee 1904 v Bright (24 August 2020) [pdf, 217 KB]

    ...questions. [25] Accordingly, the Tribunal will not direct that Mr Bright is not permitted to cross- examine the complainant. [26] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. _______________ Hon P J Andrews Chairperson _______________ Mr G Denley Member _____...