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1. [2021] NZEnvC 127 Kainga Ora v Whangarei District Council [pdf, 3 MB]

   Kāinga Ora - Homes and Communities v Whangārei District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2021] NZEnvC 127 IN THE MATTER of the Resource Management Act 1991 AND of an appeal under clause 14 of the First Schedule of the Act BETWEEN KĀINGA ORA - HOMES AND COMMUNITIES (ENV-2020-AKL-000133) Appellant AND WHANGĀREI DISTRICT COUNCIL Respondent Court: Environment Judge J A Smith sitting alone u...

2. Proactive release - Seventh Periodic Report under the Convention Against Torture [pdf, 2.6 MB]

   Hon Andrew Little Minister of Justice Proactive release - Seventh Periodic Report under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: request to release the draft report for public consultation Date of issue: 19 June 2019 The following documents have been proactively released in accordance with Cabinet Office Circular CO (18) 4. No. Document Comments 1 Seventh Periodic Report under the Convention against Torture and Other C

3. Proactive release - Seventh Periodic Report under the Convention Against Torture [pdf, 2.5 MB]

   Hon Andrew Little Minister of Justice Proactive release - Seventh Periodic Report under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: request to release the draft report for public consultation Date of issue: 19 June 2019 The following documents have been proactively released in accordance with Cabinet Office Circular CO (18) 4. Some information has been withheld on the basis that it would not, if requested under the Officia

4. [2006] NZEmpC AC 62/06 Clark v NCR (NZ) Corp [pdf, 75 KB]

   ...Zealand Te Papa Tongarewa [2002] 2 ERNZ 356, 358. This was a case arising under the Employment Relations Act 2000. By inference it dealt with the Court’s jurisdiction under the previous legislation. That case referred in turn to the Court of Appeal’s decision in Auckland Regional Services Trust v Lark [1994] 2 ERNZ 135 in which that Court clearly confirmed such jurisdiction of the Employment Court under the ECA when stating (p138, 139): The purpose of joinder rules is to secu...

5. International Covenant on Civil and Political Rights - summary record 3rd report [pdf, 35 KB]

   ...as part of electoral reforms. The electoral reforms had also included the adoption of a new system of mixed member proportional representation in Parliament. During the same period, refugee application procedures had been reformed and a Refugee Status Appeals Authority had been established. 4. Referring to developments since January 1994, he said that the Court of Appeal, in two decisions, had held that the New Zealand Bill of Rights Act could give rise to claims for civil damages. (The Bill i...

6. Matheis v Ling [2015] NZIACDT 91 (08 October 2015) [pdf, 183 KB]

   ...to apply for a visa under section 61, and paid Mr Li $500. The complainant says Ms Ling had signed this agreement before Mr Li presented it to him. On 13 August 2014, the complainant again met with Mr Li. Mr Li advised the complainant he could not appeal the decline of his work visa application, or write to the Minister; he provided a list of documents required for the section 61 request. 3 [7.4] On 27 August 2014, Ms Ling submitted a section 61 request. Immigration New Zeala...

7. Te Rūnanga o Ngāti Awa v Paul - Otara o Muturangi (burial ground) (2014) 2014 Chief Judge's MB 615 [pdf, 291 KB]

   ...Allotments 302-315 Town of Richmond and Richmond Township Allotments 18-20 [2013] Chief Judge’s MB 473 (2013 CJ 473) at [253]-[255]. 9 Tau v Ngā Whānau o Morven and Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 2014 Chief Judge’s MB 623 No error of law [37] The respondents submitted that the applicant supplied no evidence to support the contention that the Court failed to notify Ngāti Awa of the application. Without...

8. Recording Industry Association of New Zealand v TCLEA-T7364885 [2013] NZCOP 17 [pdf, 382 KB]

   ...to the account holder, not the general public. Flagrancy [46] RIANZ noted that “flagrancy” is to be considered by a Court as a factor in awarding additional damages in cases of copyright infringement, and pointed to the recent Court of Appeal discussion in the Skids23 case to the effect that “flagrant” meant “deliberate and calculated conduct”. The Tribunal adopts that, but notes that those words form only a portion of a much stronger definition used by the Court of Ap...

9. Legal Aid Audit Report 2017-2018 [pdf, 367 KB]

   ...be required to sign instructions [they] will plead guilty, not guilty, give evidence, not give evidence, elect jury trial etc. Not to do so leaves the provider open to criticism and possibly could result in ‘counsel error’ being argued as an appeal ground.” Poor and very poor results Audits attracting poor and very poor ratings usually identified serious shortcomings in file maintenance. In the worst cases, key documents (such as records of instructions, advice and court app...

10. [2021] NZACC 32 - Fisher v ACC (9 February 2021) [pdf, 184 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 32 ACR 267/17 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN KELVIN FISHER Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 24 November 2020 Heard at: Dunedin/Otepoti Appearances: Mr P Sara for the appellant Mr C Light for the respondent Judgment: 9 Feb...