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1. Brebner & Anor v Collie & Anor [2013] NZWHT Auckland 23 [pdf, 113 KB]

   ...any existing defects at time of purchase is not relevant because contributory negligence and volenti non fit injuria are not defences to contractual claims. It is correct that these defences are unavailable in contract. However MacKenzie J carefully examined whether the real estate agent’s knowledge that there was no CCC could be imputed to the purchasers before commenting that in any case the requirement that waiver be by notice had not been satisfied. Knowledge was also, as...

2. Naera v Fenwick - Whakapoungakau 24 Block (2010) 11 Waiariki MB 191 (11 WAR 191) [pdf, 122 KB]

   ...11 Waiariki MB 196 Discussion [18] Like any owner of Māori land, the applicants are entitled to bring proceedings in this Court for injunction and removal of trustees. The respondents are similarly entitled to defend such claims to protect both the trust and the trustees in the exercise of that office within the parameters of the trust order and general trust law principles. Whether their respective claims and counter claims succeed or fail is a separate question. What t...

3. Waitangi Tribunal - issue 47 of Te Manutukutuku [pdf, 1.1 MB]

   ...claimants. As more and more small claims are registered in each district, time spent on research increases. Districts will take longer and longer to get ready if claims are going to be sub- mitted about every small block. Claimants need to think very care- fully about whether a larger claim can be made to include them to the proper degree, and whether their grievances can be heard through more general research. If there are whänau blocks that involve strong feelings, perhaps the...

4. [2017] NZEmpC 60 Holman v CTC Aviation Training (NZ) Ltd [pdf, 216 KB]

   ...training loan contract. I do not accept that was necessarily Mr Holman’s perception when he agreed to undertake and pay for the training course. Correspondence between Mr Holman and CTC prior to the contract being signed shows that Mr Holman was carefully considering his options, including continuing with his then current training and the potential to receive training from a provider other than CTC. I am of the view that, particularly because of his stated aspirations to become...

5. [2020] NZEmpC 194 Samuels v Employment Relations Authority [pdf, 268 KB]

   ...begins with O’Regan v Lousich, which I have already referred to. In allowing judicial review, Tipping J stated:10 … The public are entitled to take the view, and do take the view, that if a Judge criticises someone in a judgment the Judge has carefully weighed the evidence after giving the person criticised an opportunity to be heard. Thus comments such as that which the Judge made in the present case carry considerable weight. The greater the apparent authority of the person...

6. Form1 Criminal legal aid application Crown Prosecution [pdf, 1.1 MB]

   ...strike final warning? No Yes 24. If you are charged with domestic violence matters is the alleged victim your partner? No Yes Are you currently subject to the Mental Health Act or the Intellectual Disability Compulsory Care & Rehabilitation Act orders? No Yes Has anyone else been charged with you for these offences? No Go to question 29 on next page Name(s) Yes 25. If your charge(s) has a maximum penalty of...

7. Form 1 Crown Prosecution [pdf, 1.4 MB]

   ...strike final warning? No Yes 24. If you are charged with domestic violence matters is the alleged victim your partner? No Yes Are you currently subject to the Mental Health Act or the Intellectual Disability Compulsory Care & Rehabilitation Act orders? No Yes Has anyone else been charged with you for these offences? No Go to question 29 on next page Name(s) Yes 25. If your charge(s) has a maximum penalty of...

8. Evidence Brief: Drug Courts [pdf, 389 KB]

   ...traditional and non-traditional drug courts. Journal of Criminal Justice, 40, 60-71. Noland Jr., James L. (2010). Harm Reduction and the American Difference: Drug Treatment and Problem-Solving Courts in Comparative Perspective, Journal of. Health Care Law. & Policy, 13,1, 31-47. Justice Sector. (2013). Justice Sector Report 2013. Wellington: New Zealand Police, Ministry of Justice, Department of Corrections. Roman, J. (2013). Cost-benefit analysis of criminal justice reform....

9. [2021] NZREADT 04 - Complaints Assessment Committee 409 v Kemp & Scoble (22 January 2021) [pdf, 275 KB]

   ...public, as disgraceful, and is therefore guilty of disgraceful conduct under s 73(a) of the Act. The Committee alleges that Ms Scoble wilfully or recklessly breached her obligations under the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), and is therefore guilty of misconduct under s 73(c)(iii) of the Act. In the alternative, the Committee alleges that she engaged in conduct that constituted seriously incompetent or seriously negligent...

10. [2016] NZEmpC 142 Leota v The CE of the Ministry of Social Development [pdf, 279 KB]

    ...the decision are:  sick leave taken and length of service  prospect of a timeline for recovery  rehabilitation prospects, including suitable alternative duties  employee’s personal circumstances, hardships and impact on their career  reasonableness of cost for the Ministry Following discussions with the employee (and their representative) the Ministry may withdraw sick leave on pay, or terminate an employee by giving appropriate notice if the Ministry is...