Search Results

1. Waitangi Tribunal Part 2 Report on stage 1 of the Te Paparahi o Te Raki inquiry [pdf, 4.4 MB]

   ...‘Let these be corrected, and the evils must be diminished.’ 60 The association’s Bill – for ‘the provisional Government of British Settlements in the Islands of New Zealand’ – was tabled on 1 June 1838. It professed the intention of protecting and benefiting Māori by preserving them from injury, ‘diffusing amongst them the blessings of Christianity, and promoting their civilization and happi- ness’. It allowed for the appointment of 16 commissioners who could enter in...

2. BORA Electronic Identity Verification Bill [pdf, 203 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney- General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....

3. [2013] NZEmpC 235 Young v Bay Of Plenty DHB [pdf, 181 KB]

   ...strike out Mr Young’s challenge. [2] The Authority’s determination that is challenged by Mr Young was delivered on 12 April 2011. 1 He had claimed that his complaints in the form of disclosures that he said he had made under the Protected Disclosures Act 2000, had not been resolved by the Bay of Plenty District Health Board (the Board), his former employer. Mr Young claimed that as a result of his making these disclosures, the Board dismissed him unjustifiably. He...

4. [2019] NZEnvC 184 Ngati Whatua Orakei Whai Maia Limited v Auckland Council [pdf, 25 MB]

   ...report of the Waitangi Tribunal we have just discussed. He characterized the relevant conclusions in that report using phrases "primary mana whenua" and "mana whenua status may confer priority of interest ... ".28 [66] We have carefully read the report to see whether he characterized it entirely faithfully. We do not think he has. The report concerned claims by Moriori who had inhabited Rekohu Chatham Islands prior to the Maori invasion of 1835, after which most...

5. [2021] NZEnvC 118 Drach v Tasman District Council [pdf, 2.4 MB]

   ...condition 10) of the consent notice failed to have proper and sufficient regard to the existing environment, the actual and potential effects of allowing the cancellation, and the contribution the consent notice restrictions make towards preserving and protecting amenity values and rural residential character as an important component of the Mapua Estates development as a whole. The consent notice restrictions remain apt and applicable, by reference to the relevant objectives and po...

6. TB v KP LCRO 174/2016 [pdf, 167 KB]

   ...recently engaged by Mr KP’s firm, sent a reply in terms contending that Ms CT’s letter had asserted “unsubstantiated threats”.1 The letter went on to refer to various provisions of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 so as to suggest breaches of those by Ms CT. The letter ended with a suggestion that Ms CT should “seek independent legal advice regarding legal professional ethics”. [4] Mr TB’s initial reaction to this lette...

7. Director of Proceedings v Rolston [2021] NZHRRT 35 [pdf, 449 KB]

   ...the defendant breached the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 in respect of: [6.1.1] Right 4(2) by failing to provide services to the aggrieved person with reasonable care and skill. [6.1.2] Right 6(1) by failing to provide information to the aggrieved person that a reasonable consumer, in the aggrieved person’s circumstances, would expect to receive. [6.1.3] Right 7(1) by failing to obtain the aggrieved...

8. ENVC Hearing 6Oct14 WML evidence chief Pita Rikys [pdf, 60 KB]

   ...impacts on Maori cultural values broadly, and in relation to Matiatia Bay specifically, are minor at best. In regard to Archaeological sites specifically I adopt and support the conclusions reached by Prince in his evidence and the management and protection measures that he proposes. Cultural Values 11. Maori Cultural values are an expression and articulation of the Maori world view (Te Ao Maori / the Maori World) and identity, contain a spiritual (wairau) dimension and in terms...

9. [2015] NZEmpC 30 Wills v Goodman Fielder NZ Ltd costs [pdf, 99 KB]

   ...for costs: Moore v McNabb. 8 I do not accept that this is the effect of that decision. What the Court of Appeal said in that case when discussing the applicable principles is: 9 … in fairness, defendants must have the means of gaining some protection from costs by making offers to settle by in some way meeting the claim. Plaintiffs should also have protection where defendants decline reasonable settlement offers. [20] I do not consider that the Court is precluded from cons...

10. Weber v CAC 20002 & Penrose & Brown's Real Estate [2013] NZREADT 83 [pdf, 37 KB]

    ...determining whether the Tribunal, or on appeal this court, should make an order prohibiting the publication of the report of the proceedings, requires consideration of the extent to which publication of the proceedings would provide some degree of protection to the public, the profession, or the Court. It is the public interest in that sense that must be weighed against the interests of other persons, including the practitioner, when exercising the discretion whether or not to prohibit p...