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1. Kingi - Tangonui Falkland Kingi Whanau Trust (2016) 358 Aotea MB 87 (358 AOT 87) [pdf, 203 KB]

   ...obtain consent in any event, because as families expand, as they usually do, a high percentage of the beneficiaries will be minors and therefore incapable of giving consent. Decision [17] I therefore hold that the proposed sale in its present form is unlawful and for that reason alone I cannot vary the Trust Order as sought. [18] Even if it were lawful I would exercise my discretion and not grant the Order sought as a matter of discretion. Result [19] Both applications are dis...

2. [2017] NZEmpC 59 Y Ltd v Ms X [pdf, 117 KB]

   ...Tucker, counsel for Ms X, has filed submissions in support of this application. She submitted that the parties cannot have intended the non-publication order to be a barrier to prevent recovery of the amount agreed in settlement. While the parties requested judgment by consent to facilitate their settlement, including non-publication of their names and the terms of settlement, by oversight they did not turn their attention to potential complications if enforcement or recovery action...

3. BORA Land Transport Management (Regional Fuel Tax) Amendment Bill [pdf, 189 KB]

   ...Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of expression 5. Section 14 of the Bill of Rights Act affirms that everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form. The right has been interpreted as including the right not to be compelled to say certain things or to provide certain information.1 6. The Bill creates a regulatory regime for regional fuel taxes....

4. Consulation Paper [pdf, 315 KB]

   ...Ministry assigns providers a risk profile category based on some or all of the following criteria: https://www.justice.govt.nz/assets/Documents/Publications/LA-Part-2-Auditing-and-Monitoring-June-2016.pdf https://www.justice.govt.nz/assets/Documents/Forms/Terms-of-Reference-Quality-and-Value-Audits.pdf Financial: • amount paid to the provider in the previous financial year • the percentage increase in payments over two consecutive years, and • comparison of the amount pai...

5. Minute of the Court dated 27 August 2018 [pdf, 1.3 MB]

   ...REGARDING FURTHER REFINEMENT OF ISSUES AND CONDITIONS BEFORE THE HEARING (27 August 2018) [1] Members of the Court's Hearing Panel are making steady progress through the substantial quantities of evidence that have been filed. Impressions formed have generated a certain amount of discussion amongst us. We are fully cognisant that Mana Whenua evidence is not due until next week, and that there will be rebuttal to follow. [2] Subject to what emerges in those two rounds of eviden...

6. 22 August 2014 Legal Aid News [pdf, 517 KB]

   ...successful legally aided party and a successful self-funded party when considering the principle of costs following the event. http://www.beehive.govt.nz/release/new-orders-will-protect-and-make-victims-strong. http://www.justice.govt.nz/services/information-for-legal-professionals/information-for-legal-aid-providers/proceeding-steps/victims-orders-against-violent-offenders-fixed-fee-schedules While it is accepted that an application for costs is not always justified, it is still expected...

7. Apostolakis v Attorney-General No.2 (Consolidation Refused) [2017] NZHRRT 47 [pdf, 156 KB]

   ...hearing which took place on 9 March 2017. These delays speak for themselves. [7.4] Consolidation will serve no useful purpose. [8] As to the proceedings in HRRT046/17: Apostolakis v Public Trust, Mrs Apostolakis alleges an information privacy request by her was not responded to in a manner which complied with the Privacy Act 1993. The Public Trust denies this allegation and protests the jurisdiction of the Tribunal. It has applied to have the proceedings struck out. In a Minute iss...

8. Apostolakis v Gilbert (Consolidation Refused) [2017] NZHRRT 49 [pdf, 156 KB]

   ...hearing which took place on 9 March 2017. These delays speak for themselves. [7.4] Consolidation will serve no useful purpose. [8] As to the proceedings in HRRT046/17: Apostolakis v Public Trust, Mrs Apostolakis alleges an information privacy request by her was not responded to in a manner which complied with the Privacy Act 1993. The Public Trust denies this allegation and protests the jurisdiction of the Tribunal. It has applied to have the proceedings struck out. In a Minute iss...

9. Apostolakis v Public Trust (Consolidation Refused) [2017] NZHRRT 50 [pdf, 156 KB]

   ...hearing which took place on 9 March 2017. These delays speak for themselves. [7.4] Consolidation will serve no useful purpose. [8] As to the proceedings in HRRT046/17: Apostolakis v Public Trust, Mrs Apostolakis alleges an information privacy request by her was not responded to in a manner which complied with the Privacy Act 1993. The Public Trust denies this allegation and protests the jurisdiction of the Tribunal. It has applied to have the proceedings struck out. In a Minute iss...

10. BORA Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Bill [pdf, 197 KB]

    ...emblem (the Red Crystal) for use alongside the Red Cross and the Red Crescent. BILL OF RIGHTS ACT ISSUES 4. Section 14 of the Bill of Rights Act affirms the right to freedom of expression, which includes the freedom to seek, receive, and impart information and opinions of any kind and in any form. 5. Section 8 of the Geneva Conventions Act 1958 prohibits the use of protected emblems, without the permission of the Minister of Defence. Clause 5 amends s 8(1) by extending this protecti...