Search Results

1. 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...

2. 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...

3. 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...

4. [2025] NZEmpC 172 South Pole IP Holding (NZ) Limited v Hao [pdf, 200 KB]

   ...convenience/interests of justice [26] Turning to consider the balance of convenience, on balance I am not satisfied that South Pole has established a basis for a stay. Mr Hao is entitled to the use of all 11 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 a...

5. [2025] NZLVT 34 - Ovens v Dunedin City Council (4 August 2025) [pdf, 240 KB]

   ...evidence of expert valuers on matters relating to the valuation of land according to the standards and methodologies which have been developed over time, both in practice and through decisions of the Land Valuation Tribunal and higher Courts on appeal. [34] In this case, we are satisfied that Mr Gibson’s valuation is thorough and 11 satisfactory in its scope and reasoning. [35] We did not receive any comparable expert evidence from Mr Ovens, but we are satisfied that the con...

6. BORA Taxation (Income Tax Rate and Other Amendments) Bill [pdf, 235 KB]

   ...right has been interpreted as including the right not to be compelled to say certain things or to provide certain information.1 1 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...

7. Canterbury Westland Standards Committee v Horsley [2014] NZLCDT 47 [pdf, 85 KB]

   ...relationship. 1 Daniels v Complaints Assessment Committee 2 of the Wellington District Law Society [2011] 3 NZLR 850. 4 [12] Mr Hodge referred us to a decision of the New South Wales Court of Appeal in Law Society of New South Wales v McNamara.2 In that matter the Court held that the attempt to deceive the Law Society was serious enough, but the attempt to deceive the Statutory Committee (the equivalent of the Tribunal) was eve...

8. LCRO 122/2025 MA v HP (30 September 2025) [pdf, 182 KB]

   ...2013) at [4]. 3 For an example of a provision in an enactment empowering a judge to extend a time limit, see s 281(1)(a)(ii) of the Resource Management Act 1991. In short, in proceedings under that enactment a judge may waive the time within which an appeal may be lodged. 4 See Jindal v LCRO and A Law Firm [2025] NZHC 2369. 4 Notice of review rights [14] The Committee’s decision, as with every decision or determination issued by a Standards Committee, concludes with the followin...

9. Waitangi Tribunal - He Whiritaunoka (Whanganui) chapter 28 [pdf, 857 KB]

   ...and occurred rarely. The fact that it took the Crown three decades from the time the Native Land Court was established – and the better part of two decades from the time the Native affairs Committee first high­ lighted the anomaly – to enable appeals as of right, was contrary to its duty to actively protect Māori interests. It was also contrary to its obligation (partly stemming from its undertakings in article 3 of the treaty) to enable Māori to seek reasonable redress for grieva...

10. [2022] NZEnvC 163 11 Cheshire Street Body Corporate v Auckland Council [pdf, 1.6 MB]

    ...attached as Appendix B. 2 (2) the appeal is otherwise dismissed. B: Under section 285 of the Resource Management Act 1991, there is no order as to costs. REASONS Introduction [1] On 11 June 2021, 11 Cheshire Street Body Corporate (CSBC) appealed Auckland Council’s decision of 20 May 2021 to grant resource consent to Summerset Villages (Parnell) Limited’s proposal for a retirement village at 23 and 41 Cheshire Street, Parnell. [2] CSBC appealed the Council’s d...