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1. BORA Te Hiku Claims Settlement Bill [pdf, 280 KB]

   ...27 of the International Covenant of Civil and Political Rights, which are comparable to s 20 and 27 (2) of the Bill of Rights Act. 6 Exclusion of Remedy of Compensation – s 27(3) Bill of Rights Act 10.Clauses 126, 308, 508 and 705 exclude any form of monetary compensation as a remedy for any failure by the Crown to comply with a protocol issued under the respective parts of the Bill. We have considered whether these provisions limit the right to bring civil proceedings against the C...

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

   ...result. Consistency of the Bill with the Bill of Rights Act Section 14 – The right to freedom of expression 6. Section 14 of the Bill of Rights Act affirms the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form. The freedom of expression is “as wide as human thought and imagination” [1] and includes any activity which conveys or attempts to convey a meaning. [2] 7. Legislative provisions limitin...

3. BORA Electoral (Administration) Amendment Bill [pdf, 287 KB]

   ...Clause 5 of the Bill amends the definition of “public servant” in the Electoral Act 1993 to include an “electoral official”, which means any person employed or engaged by the new Electoral Commission for the purpose of assisting with the performance of its functions (cl 5). Under s 52(2) of the Electoral Act, any “public servant”, as defined, who desires to become a candidate for election will be placed on a leave of absence during their candidacy. Under s 53 of the Act, any p...

4. PAUP Residential Standards Yards/Fences/Walls [pdf, 152 KB]

   ...RMA, such order being by consent, rather than representing a decision or determination on the merits pursuant to s 297. [9] The Court understands for present purposes that: Order (a) All parties to the proceedings have executed the memorandum requesting this order. (b) All parties are satisfied that all matters proposed for the Court's endorsement fall within the Court's jurisdiction, and conform to the relevant requirements and objectives of the RMA, including in pa...

5. [2018] NZEnvC 004 P & S Aitchison and Wellington City Council v H & D Walmsley and Walmsley Enterprises Limited [pdf, 177 KB]

   ...the following passages: [15] We have become aware that for a very special reason, the Court did not consider the decision or transcript of Judge Thompson from 2015, while hearing the case or issuing the decision. More information is available on request if required. [16] This has resulted in a necessity for the Decision to be recalled, to be considered against the decision of Judge Thompson, and the other relevant authorities and legislation in this application. Background [3] T...

6. WHT - Guidelines for self represented claimants on documents required for hearing [pdf, 78 KB]

   1 A Particulars of Claim The following information should be included in the final particulars of claim filed to support the claim. If this information has already been filed with the claim documents and does not need changing or adding to there is no need to provide it again. More often however there has been the addition and / or removal of parties or changes to the amounts being claimed. In addition additional information has become available throughout the a

7. [2016] NZSSAA 67 (11 July 2016) [pdf, 75 KB]

   ...$200 payable to Camellia House was approved. A short time thereafter it appears that she moved to the Pioneer Motel at a cost of $200 per week. By 15 July 2015 she had moved to accommodation at Civello, also costing $200 per week. [8] At the request of the Authority, the Ministry has provided a report of various actions in relation to the appellant’s benefit from late May 2015 through to December 2015. Mr Signal has helpfully identified a number of decisions that were made duri...

8. [2013] NZSC 15 SC91/2012 New Zealand Post Limited v Postal Workers Union of Aotearoa Incorporated and L Street [pdf, 58 KB]

   ...this, s 9(3) applied. It considered that the Employment Court’s approach left s 9(3) redundant. In reaching this view the Court treated as irrelevant the subsequent legislative history (including an explanatory memorandum to the Bill which formed the basis of the 2011 amendments). [6] Given the amendments made in 2011, the correct interpretation of s 9(1) in relation to the former s 9(3) is principally only of historical interest. How s 9(1) is to be applied in relation to the...

9. JN v QQ LCRO 13 / 2012 (28 August 2012) [pdf, 67 KB]

   ...assistance of a private investigator” but ultimately suggested that the 2 appeal be withdrawn at that time “until new evidence arose”. The Applicant has now been in prison for [several] years. [4] In September 2011 the Applicant filed a formal complaint against the Practitioner, alleging that he “failed to correctly and fully represent [him] at trial [...]”. The detail of his complaint included that the Practitioner convinced him not to give evidence or call wit...

10. SLA v MTD [2014] NZIACDT 34 (20 March 2014) [pdf, 117 KB]

    ...a complaint relating to the adviser. [2] The basis of the complaint was the adviser: [2.1] Unnecessarily opened a medical report, failed to check it, and sent it to Immigration New Zealand unnecessarily; [2.2] Failed to keep the complainant informed; [2.3] Told the complainant an immigration adviser was mandatory; and [2.4] Required $1,000 to return documents. [3] The issues are essentially factual ones. The adviser denies the essential truth of the complaint. [4] The Tribunal...