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1. [2018] NZEmpC 14 Hayashi v SkyCity Management Ltd [pdf, 422 KB]

   ...[48] A heavy onus rests upon an employer before a dismissal can be validly effected. The reasons for this are obvious. The right to be in employment and earn the means to support oneself and one’s dependents is a substantial right requiring protection. There is a strong societal imperative behind this, supported by the economic need for full employment as founding a strong overall economy. A position of employment is a valuable asset. Employees are the most valuable asset of any...

2. Triennial-Legal-Aid-Discussion-document [pdf, 489 KB]

   ...alternative approaches might be more effective and cost efficient. Initial analysis Reducing the volume and cost of specialist reports will reduce the financial pressure on the system. However, any changes to specialist report processes need to be carefully considered for their potential impacts. This includes considering whether any additional safeguards may be needed to ensure access to justice for legal aid clients. Changes may also have a disproportionate impact on certain group...

3. [2011] NZEmpC 36 Zhou v CE of DOL [pdf, 232 KB]

   ...―unnecessary or undesirable or both‖: reg 37. They say that the Court should be slow to develop an ad hoc process for determining disclosure disputes by the appointment of special advocates. They say that such processes need to be prescribed carefully and ―calibrated to the interests affected.‖ They submit that in New Zealand, where classified information is expected to be relied on in legal proceedings, specific regimes affording qualified natural justice and ensuring pr...

4. NO & NTO v Hakaoro [2013] NZIACDT 44 (01 August 2013) [pdf, 249 KB]

   ...affidavit were as follows. Initial consultation [56.1] The initial consultation was routine. [56.2] It was practice at Mr Hakaoro’s immigration consultancy “to have me present at all times during the consultation [when a woman was present] as a protection measure on my husband’s part to protect him from any risk of being sheeted with a complaint or complaints of a sexual nature.” [56.3] The advice Mr Hakaoro provided to the complainants was: [56.3.1] The complainants should...

5. [2018] NZEnvC 217 Dixon v Invercargill City Council [pdf, 702 KB]

   ...Invercargill City Council infrastructure and services which have capacity for growth, and immediately adjoin residential areas. … [34] In the Rural zone rules for land use permitted activities (3.38.1) include: residential activity, residential care activity limited to a maximum of eight persons, agriculture, animal boarding activity, home occupation, home stay and veterinary clinic. Importantly there are limitations on a permitted activity in terms of residential density (w...

6. RIS - Control Orders [pdf, 918 KB]

   ...proposal would limit some rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990, however limitations are consistent with the Bills of Rights if they are justified under section 5 of the Act. The objective of control orders is to protect the public from people who pose a risk of engaging in terrorist or violent extremist acts, which constitutes a sufficiently important objective to warrant some limitation on the rights and freedoms affirmed in the Bill of Rights. The...

7. Family justice reforms: An initial cohort analysis [pdf, 898 KB]

   Family Justice Reforms An Initial Cohort Analysis Author Version number Date Executive Summary In 2014, major changes were made to the Family Justice System. The Family Justice System reforms shifted the focus from court resolution of parenting disputes when parents separate to encouraging parents to reach agreement themselves where this is appropriate. The reforms were intended to achieve a modern and accessible Family Justice System that: • “is res

8. Waitangi Tribunal - Part 1 Rangahaua Whānui District Auckland [pdf, 6.3 MB]

   ...reliable quantitative comparison. Finally, the issues raised by 1865-73 Crown purchases are somewhat peculiar to that period. They are: (a) lack of satisfactory documentation; (b) negotiation anomalies; (c) adequacy of reserves; and (d) Crown protective responsibilities. These chapters, therefore, do not attempt to reconstruct all that happened. They attempt to reconstruct only that which the author maintains is germane to the Crown's Treaty obligations. 5 r I 2.1 CHAP...

9. RA v LZ LCRO 2 / 2011 (22 August 2012) [pdf, 182 KB]

   ...have stepped down as estate solicitor. (The Committee’s decision appears to contain an error in dating this communication in 2009). [15] (I observe at this point that the above appears to be references to the Rules of Conduct and Client Care 2008, which were not applicable to conduct that occurred prior to 1 August 2008. However, equivalent rules applied in the Law Practitioners Act, and contained in the Rules of Professional Conduct for Barristers and Solicitors. The ov...

10. [2021] NZREADT 06 - Silcock (22 January 2021) [pdf, 309 KB]

    ...the viewing was cancelled solely at the instigation of the prospective purchasers. [30] He submitted that viewed objectively, the texts and conversations show that Mr Watson was in fact acting in accordance with his obligation to exercise skill, care, competence, and diligence under r 5.1: [a] The prospective purchasers offered $850,000 on Thursday 25 July, then $880,000 at 7.25 am on Saturday 27 July; [b] The terms of the prospective purchasers’ interest were qualified by Mr...