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1. Summary of submissions: New Zealand accession to the Budapest Convention on Cybercrime [pdf, 248 KB]

   ...other articles of the Budapest Convention. MEGA’s submission raised potential issues with Article 24 of the Budapest Convention which deems cybercrime offences as extraditable offences. In MEGA’s view, this article should be considered very carefully alongside New Zealand’s existing extradition treaties to avoid the risk of “unjust treatment of New Zealand citizens and residents”. The submission from THRMOA raises concerns about Articles 10, 26 and 27: a) Article 10 conce...

2. Stewart v Stewart - Kaiwaitau 6 and Other Blocks (2020) 236 Waiariki MB 37 (236 WAR 37) [pdf, 193 KB]

   ...a joint venture with Amrita NZ Ltd (“Amrita”) for beekeeping and honey extraction, with the aim of generating an income and capital return for the whānau trust. [6] After consultation, ODL and Amrita formed a business structure that would protect both entities as they entered into in beekeeping. This new structure was known as Bees Attitudes Limited (“BAL”). Ms Stewart was appointed as the sole director of ODL. She was also a director of BAL, along with Jacobus or Jimmy...

3. [2020] NZEnvC 157 Hawthenden Limited v Queenstown Lakes District Council.pdf [pdf, 2.5 MB]

   ...and Cooper appeals is limited. However, we find it sufficient to enable us to consider s293 directions to alter the mapping of the ONF through to the Queenstown Lakes/Central Otago District boundary. That is simply on the basis that the effective protection of ONF values relies upon accurate and complete mapping of the Corridor. [30] However, as Decisions 2.1 and 2.2 found, mapping is not itself a sufficient planning response to s6(b), RMA. It needs to be accompanied by the schedulin...

4. LCRO 275/2016 KN v YL (4 March 2019) [pdf, 277 KB]

   ...she had been described as a principal of the firm, when she was not. [130] Mr HC noted that he was “alarmed” when he became aware that Mr KN had the bonus pool document in his possession. He noted that the document was secured in a password protected electronic file that Mr KN did not have access to, and that Mr KN had never been provided with a copy of the document. [131] Clearly Mr HC considered that Mr KN had obtained the document through improper means. 22 [132] Mr HC...

5. Rātima v Sullivan - Tataraakina C Trust (2017) 64 Tākitimu MB 121 (64 TKT 121) [pdf, 874 KB]

   ...or that the transaction was fair. The use of strict liability in the context of a fiduciary relationship stems from fiduciary law’s traditional prophylactic approach: it is thought that prevention is better than cure in that this provides good protection to beneficiaries and removes temptation from fiduciaries. As Professor Matthew Conaglen has put it, “removing the fruits of temptation is designed to neutralise the temptation by rendering it pointless”. [8] In Adlam v Savag...

6. Regulatory Impact Statement Management of offenders returning to New Zealand [pdf, 287 KB]

   ...this RIS includes reoffending data from offenders deported between 2000 and 2002, INTERPOL data on deported offenders between 2013 and 2015, and statistics on upcoming deportations provided by the Australian Department of Immigration and Border Protection. The designs of some options in this RIS are the result of previous policy decisions. Due to previous policy decisions, the RIS also does not consider alternatives to post-deportation supervision, such as allowing for New Zealander...

7. Regulatory Impact Statement Management of returning offenders to New Zealand [pdf, 287 KB]

   ...this RIS includes reoffending data from offenders deported between 2000 and 2002, INTERPOL data on deported offenders between 2013 and 2015, and statistics on upcoming deportations provided by the Australian Department of Immigration and Border Protection. The designs of some options in this RIS are the result of previous policy decisions. Due to previous policy decisions, the RIS also does not consider alternatives to post-deportation supervision, such as allowing for New Zealander...

8. [2021] NZEnvC 133 Woolworths New Zealand Limited [pdf, 1 MB]

   ...comprising: (i) a retail floor space of 5,155 m² inclusive of a supermarket of 3,490 m² on Lot 1 with the remaining 1,665 m² as retail – food and 3 beverage; (ii) community activities of 1,570 m² GFA comprising a medical centre and childcare centre; (iii) a swimming pool, cinema and gymnasium; (iv) a cinema of 641.7 m² GFA on Lot 12. (e) a two-storey apartment building comprising 32 residential units on Lot 1. [5] The combined GFA of floorspace for the retailing i...

9. [2011] NZEmpC 44 Matsuoka v LSG Sky Chefs NZ Ltd & SFWU [pdf, 245 KB]

   ...meeting that the plaintiff‟s description of his duties as a ground steward was quite different to those of the other ground stewards and that he could not properly describe his duties. He claimed that he was a senior ground steward, that he took care of SQ and he was put into areas to make sure everything went well from start to finish. I find that he told Ms Park that he trained new staff, assigned trucks, undertook stock movements and checked stock levels and, from time to time...

10. CAC 10017 v Sherburn [2013] NZREADT 105 [pdf, 136 KB]

    ...that the appellant as real estate agent had a clear duty to be open and forthright about the nature of the restrictive covenants and the procedures involved in their registration. In that respect Mr Hudson referred to the purpose of the Act as the protection of the public and the need to maintain appropriate standards within the industry. He submitted that the conduct of the vendor, in imposing restrictive covenants and how that was achieved, has no relevance to the purposes behind the...