Search Results

1. [2022] NZEmpC 145 Pilgrim v Attorney-General [pdf, 940 KB]

   ...Act). 14 Courage v Attorney General EMPC Auckland 363/2021, 22 February 2022, at [6]. 15 Van der Kaap v Attorney-General (1996) 10 PRNZ 162 at 165−166 (citations omitted). 16 Z v Z [2015] NZHC 2674 at [49]. This decision was overturned on appeal, but not on this point: Z v Z [2017] NZCA 94, [2017] NZAR 660. See also Wilson v Saunders [2016] NZHC 1211 at [49]; Hero Sportswear Ltd v Underground Fashions Ltd (1997) 10 PRNZ 655 (HC) at 657; Belokon v Kyrgyz Republic [2015] ONZC...

2. Rangahaua Whanui National Overview volume 3 [pdf, 2.5 MB]

   NATIONAL OVERVIEW volume i i i Professor Alan Ward Waitangi Tribunal Rangahaua Whanui Series WAITANGI TRIBUNAL 1997 A Waitangi Tribunal publication © Copyright Waitangi Tribunal 1997 isbn 1-86956-209-7 Edited and produced by the Waitangi Tribunal Published by GP Publications, Wellington, New Zealand Printed by GP Print, Wellington, New Zealand Set in Times Roman This report was commissioned by the Waitangi Tribunal as part of its Rangahaua Whanui research programme. Any views ex

3. [2022] NZEnvC 101 Otago Regional Council - Urban Provisions [pdf, 1.9 MB]

   ...and from the Regional Council, under PC8, which would also issue a discharge permit for any sediment laden discharge. [117] We heard that the earthworks rules in Chapter 25 of the PDP had been recently inserted into the PDP following mediation on appeals to decisions on the PDP and that the Regional Council had been a signatory to the consent order presented to the Environment Court. The Chapter 25 provisions were designed to provide for district-wide regulation in circumstances wh...

4. [2022] NZEnvC 101 Otago Regional Council [pdf, 1.4 MB]

   ...and from the Regional Council, under PC8, which would also issue a discharge permit for any sediment laden discharge. [117] We heard that the earthworks rules in Chapter 25 of the PDP had been recently inserted into the PDP following mediation on appeals to decisions on the PDP and that the Regional Council had been a signatory to the consent order presented to the Environment Court. The Chapter 25 provisions were designed to provide for district-wide regulation in circumstances wh...

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

   ...role. However, there are very few spots for Principal Lawyers (and only in large offices), so for most that prospect is not compelling. Similarly, the DLS and managerial career pathways focus on managerial and administrative functions which do not appeal to many of PDS’ legal staff. While we acknowledge the presence of alternative pathways, they do not necessarily match the needs of PDS’ lawyers or the development opportunities available outside PDS, which leads to the loss of talen...

6. [2007] NZEmpC 6A/07 Otago Taxis Ltd v Strong [pdf, 96 KB]

   ...unsuccessful plaintiff. He submitted that the two- thirds contribution would normally apply, although in this case costs should lie where they fall. [72] I accept Mr Guest’s submission that the normal approach approved by the trilogy of the Court of Appeal cases including Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 should apply. Considering the hearing was accommodated efficiently within one and a half days and taking into account the interlocutories in respect of which cos...

7. [2010] NZEmpc 98 Marshment v Sheppard Industries Ltd [pdf, 81 KB]

   ...the Authority together with some brief updating evidence about relevant circumstances since the Authority’s investigation meeting in late June. That direction was made because, although a hearing by challenge de novo, this is also akin to an appeal against the Authority’s decision to grant interim relief. [6] This being a challenge by hearing de novo, I address the same three questions as did the Authority: 1. Whether the (now) defendant had an arguable case of breach of the...

8. International Covenant on Civil and Political Rights - summary record 5th report [pdf, 88 KB]

   ...what role the New Zealand Human Rights Commission would play in that process. Lastly, the Government’s position on the judicial creation of new remedies as stated in the report was inconsistent with that of the Attorney-General in the Court of Appeal in the case of Attorney-General of New Zealand v. Chapman. 36. Referring to question 5, she requested information on how prisoners’ claims currently covered by the Prisoners’ and Victims’ Claims Act would be treated after key pro...

9. CAC20004 v Whisker [2015] NZREADT 61 [pdf, 249 KB]

   ...towards penalty whether by a further hearing about penalty or, by consent, with a series of succinct submissions about penalty on the papers. 16 [93] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr G Denley Member ______________________________ Ms C...

10. Gisborne District Council v Hautapu – Tātarahake No 1 (2013) 27 Tairawhiti MB 295 (27 TRW 295) [pdf, 193 KB]

    ...importance of the matter and, according to the Māori Appellate Court, after having regard to the principles in the Preamble, s 2 and s 17 of the Act.19 18 [2011] Māori Appellate Court MB 284 (2011 Appeal 284) and Cumming - Omaio 8 and Omaio 45 (2009) 12 Waiariki Appellate MB 299 (12 AP 299); and see also Māori Land Court approach in Hunter - Harataunga East 2B2B1 & 2D2 [2004] 106 Hauraki MB 128 (106 H 128), cf Ashby - Oramahoe 1...