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1. BORA Education Amendment Bill no three [pdf, 144 KB]

   ...chairperson of the Disciplinary Tribunal must review his or her suspension decision if the teacher, at any time during an initial period of suspension, asks him or her to do so and provides a written explanation or statement in support of his or her request. This effectively balances the safety concerns against the right of the teacher to be heard. The chairperson of the Tribunal has the power to subsequently lift or 3 revoke an interim suspension following reconsideration – see...

2. BORA Ngāti Whātua Ōrākei Claims Settlement Bill [pdf, 289 KB]

   ...consistent with arts 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act [6]. Exclusion of remedy of compensation/civil liability 9. Clause 24(3) excludes any form of monetary compensation as a remedy for any failure of the Crown to comply with a protocol under Part 2 of the Bill. Clause 82 excludes various categories of civil liability that may otherwise arise from the dissolution of the two existing...

3. BORA Fisheries (Foreign Charter Vessels and Other Matters) Amendment Bill [pdf, 286 KB]

   ...work on the vessel to discuss his or her employment or engagement. 11. New s 227A also allows the responsible chief executive to require that equipment to observe fishing and transportation be installed and maintained on a vessel. 12. Requests for information and electronic recording of activities can constitute searches for the purposes of s 21 of the Bill of Rights Act. We do not consider the powers in amended ss 223 and 225, and new s 227A, to be ‘unreasonable’ in terms...

4. Schedule 1 to The Hon Ian Callinan AC’s Report [pdf, 128 KB]

   ...November 2008 Judgment 15. Bain 8 September 2008 Judgment 16. Bain 29 September 2008 District Court ruling 17. R v Bain 17 October 2008 Judgment 18. Bain 8 December 2008 Judgment 19. CA amended decision 30 January 2009 20. Police report form attachment – Exhibit 1 timeline 21. Bain 13 November amended judgment 22. R v Bain 3 13 November 2008 2 nd amended judgment 23. Redacted CA decision re suppression 24. SC 13 2009 Bain v the Queen recall 25 May 2009 25. R v Bain...

5. Duncan Webb "Engagement Letters" (December 2008) [pdf, 84 KB]

   ...some would think. Most importantly lawyers are free to determine for themselves how to comply with the obligations. There is no compulsory letter of engagement or mandatory standard clauses. The rules require lawyers to provide “client care” information to their clients at both the commencement and conclusion of undertaking legal work. The genesis of these obligations is found in s 94(j) of the Lawyers and Conveyancers Act which requires the Law Society to make rules requiring lawy...

6. [2021] NZEmpC 50 Vulcan Steel Ltd v Manufacturing & Construction Workers Union [pdf, 183 KB]

   ...important issues of law that arise which have the potential to significantly impact on the parties and which would benefit from judicial consideration. [15] Leave is accordingly granted to file the challenge out of time. A statement of claim in the form of the draft submitted with the application is to be filed and served within three working days of the date of this judgment. The respondent will then have the usual time to file a statement of defence. A case management conference...

7. MVDT Annual Report 2012-2013 (Wellington) [pdf, 194 KB]

   ...Act 1970. These omissions both appear to be drafting errors. (c) Costs and/or powers to require information/witness attendance The tribunal has an inquisitorial function. The current practise is to review documentation prior to a hearing and request parties to provide particular information and/or arrange for particular witnesses to attend the hearing. The tribunal has no statutory power to require information or to require witnesses to attend. It is not unusual for parties to tu...

8. Potatoes NZ Incorporated.pdf [PDF, 879 KB]

   ...unit for which consent is sought for commercial vegetable production must not exceed the maximum areas as identified in condition 3 of this rule; and the total area of land within each sub-catchment is provided to the Waikato Regional Council on request for accounting purposes; and” Amend matter of control (iii) as follows: “iii. The maximum total and per-sub- catchment area of land to be used for commercial vegetable production.” Rule 3.11.4.8 Intro Amend to clarify t...

9. [2020] NZEnvC 151 Royal Forest and Bird Protection Society of New Zealand Incorporated v Northland Regional Council [pdf, 683 KB]

   ...application is not encouraged. REASONS Introduction [1] These Appeals relate to matters concerning the Northland Regional Council Coastal Plan Provisions. One aspect of the matters on Appeal before the Court relates to the potential for some form of Marine Protection in parts of the coastal waters. The matter was subject to agreement by all parties to proceed to mediation and this mediation occurred in the last few months. [2] The Applicant, Ngatiwai filed an Application for Wai...

10. The Trustees of Tiroa E and Te Hape B Trusts - Tiroa E and Te Hape B Trusts (2005) 125 Otorohanga MB 112 (125 OT 112 [pdf, 276 KB]

    ...information as to the range of rates paid to trustees in other Trusts in similar circumstances to that of Tiroa E and Te Hape B. At the hearing the Court allowed a period of two weeks for those further submissions to be made. However, Mr Peni requested an extension because of the delay in receiving the minutes of the hearing. An extension of two weeks was granted from the date of receipt of the minutes. Mr Peni filed submissions which were received by the Court on 26th of July 200...