Search Results

1. Evidence Brief: Restorative Justice [pdf, 340 KB]

   ...for restorative practices to be applied without a victim present, particularly in the case of Family Group Conferences for young offenders, we did not discover any evidence as to the effectiveness of RJ in these circumstances. Procedural protections and consistency One major downside with RJ, as with community justice more generally, is the potential for insufficient protection of offenders’ rights by sidestepping the legal processes that provide many protections against...

2. Family Court rewrite submission: New Zealand Law Society [pdf, 1 MB]

   ...jurisdictions. The Family Court has a dual role embodied in most of the statutes under its jurisdiction: it is a court of law that has a judicial role to determine disputes based on the evidence before it; and when exercising that role, it also has a protective jurisdiction (in terms of the Care of Children Act 2004 (COCA) and other legislation) to ensure that children’s welfare and best interests are paramount. Unlike the other courts, the Family Court also has to make predictive a...

3. OT US v N Ltd [2023] NZDT 169 (8 June 2023) [pdf, 196 KB]

   ...Ltd is dismissed. Reasons 1. OT drove a [vehicle] into the parking area which is part of N Ltd’s business. OT and US now bring a claim against N Ltd for $3,731.23. 2. The issues to be resolved are: (a) Did N Ltd breach their duty of care to look after the car? (b) If not, did N Ltd provide its services with reasonable care and skill? (c) If not what is the remedy? Did N LTD breach their duty of care to look after the car? 3. Background: OT who is named as one of th...

4. BORA Geographical Indications (Wine and Spirits) Registration Amendment Bill [pdf, 280 KB]

   ...restriction is to protect the value and reputation associated with wines and spirits that genuinely originate from the geographical location concerned. We consider the limitation on section 14 in this context is clearly justified, is analogous to the protection of intellectual property rights [4] and achieves the stated purpose of protecting consumers by assuring them of the integrity of the wine or spirit they may purchase. 10. Clause 10 of the Bill restricts the use and registration of...

5. OIA-101880.pdf [pdf, 9.7 MB]

   ...the basis of who they are, for example based on their religion, ethnicity, nationality, race, colour, sex or gender identity. Hate speech is harmful to members of population groups that are targeted and is harmful to society as a whole. Statutory protections against hate speech 4. In accordance with international treaties, New Zealand has legislated against the incitement of racial disharmony in the HRA. Civil protections are included in section 61 and prohibit the incitement of hostil...

6. Te Ture Whenua Maori Succession Dispute Resolution and Related Matters [pdf, 133 KB]

   ...the relevant framework that the Māori Land Court should employ in determining whether an appropriate kinship relationship exists for the purposes of succession. Proportionality 18. Whāngai (meaning to feed) is an arrangement whereby a child is cared for by those who are not the child’s birth parents, often a whanau member. It reflects the principle that the care of children is a community, rather than individual, responsibility. It reflects the central importance of whakapapa and...

7. Responding together: an integrated report evaluating the aims of the Waitakere Family Violence Court protocols [pdf, 894 KB]

   ...accountability ...............................................................................................91 6.3.1. Questions of balance ........................................................................................ 91 6.3.2. Victim safety: The protection provided by advocates speaking rights ............... 97 6.3.3. Victim safety: CVS, community and safety...................................................... 100 6.3.4. Victim safety: Protection and policing....................

8. Kaupapa Maori Resolution Pathways [pdf, 792 KB]

   ...tāne men tangata tiriti people of the Treaty (non-Māori) tangata whenua Indigenous people(s) tangi cry, release, mourn taonga goods, prized possessions taonga tuku iho principle of cultural aspiration tapu essence of sanctity, cultural protection, sacredness, set apartness Tauiwi New Zealand European, European taute tend to, ponder, consider Tawhirimatea God of the wind te ao Māori the Māori worldview te ao mārama the light, world of light te reo (Māori) Māo...

9. Graves v CAC 20003 & Langdon [2012] NZREADT 66 [pdf, 62 KB]

   ...access by other agencies to the property during the general agency period of 30 days, in effect limited the client to a “sole agent” during that extended period also. The Committee held that this restriction was not “reasonably necessary to protect the interests of the agent” and therefore breached reg.9.12. [f] Clause 3 of the agreement was misleading “to the extent that ‘easy cancel at any time for any reason’ is highlighted in a box in large print, but the terms un...

10. National Standards Committee 2 v Mr Y [2022] NZLCDT 8 (24 February 2022) [pdf, 202 KB]

    ...[10] Further penalty principles such as deterrence, denunciation, rehabilitation, compensation, and the “least restrictive outcome”,3 are also weighed. These are considered against the framework of the purposes of the legislation, namely the protection of the public as consumers of legal services, and the upholding of professional standards in order to maintain public confidence in their provision. [11] The Tribunal will also take account of the overall context of the conduct, an...