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1. COVID-19 Public Health Response Amendment Bill [pdf, 130 KB]

   ...was a justified limitation on the right to refuse to undergo medical treatment.1 That advice was prepared on the understanding that a requirement to undergo, as well as to merely report for, COVID-19 testing was already contemplated by the current formulation of s 11(1)(a)(viii). 11. In accordance with this view, we consider that the proposed additions to the provision clarify, rather than expand, its scope, and therefore do not engage the right to refuse to undergo medical treatment in...

2. GJ v Secretary for Justice [2021] NZRA 003/2020 (25 February 2021) [pdf, 176 KB]

   ...trials. [11] The second case submitted was R v [redacted] involving a charge of aggravated burglary. GJ’s involvement was limited to some preparation for trial, briefing a witness, cross-examination and leading a defence witness. The Secretary formed the same conclusion as expressed in respect of the above case. [12] The third case submitted by GJ was R v [redacted]. That case involved charges of sexual violation by rape, indecent assault and supply of drugs to a minor. There...

3. Proactive Release - High Court Amendment Rules 2019 [pdf, 673 KB]

   ...2019-07-16 09:51:10 RE LE AS ED B Y TH E AS SO CI AT E M IN IS TE R FO R CO UR TS 5.2.4. section 8 of the Trustee Companies Act 1967 (to appoint a trustee company an executor, administrator, or trustee). 5.3. Amendments to revoke three forms associated with the High Court Commercial List, which has now been dissolved and replaced with the Commercial Panel. 5.4. Schedule 2 is replaced, providing for new daily recovery rates. These are used to set awards of costs and were l...

4. [2019] NZREADT 56 - CAC 521 v Wright - Penalty (10 December 2019) [pdf, 141 KB]

   ...ordered Mr Wright to pay compensation to landlords and the Agency, in respect of payments of bond money and rent misappropriated by him (“the compensation orders”).3 [2] This decision addresses two matters: [a] The Real Estate Authority’s request for variation of the compensation orders; and [b] The Committee’s application for an order that Mr Wright pay costs to the Committee. The compensation orders [3] The Tribunal directed that Mr Wright was to pay the sums direc...

5. Waitangi Tribunal COVID-19 Level 2 Protocol (13 May 2020) [pdf, 160 KB]

   ...the restrictions noted below, the Waitangi Tribunal will carry out all usual scheduled work that can be safely supported. This requires the co-operation of all parties to ensure the Tribunal functions at the fullest extent that it safely can in performance of its constitutional role. 3. Under Level 2, the Waitangi Tribunal will resume some in-person hearings. However, for the safety of Tribunal parties and staff, the majority of Tribunal events will continue to be undertaken on the pap...

6. Benjamin v Southern District Health Board (Strike-Out Application) [2020] NZHRRT 21 [pdf, 177 KB]

   ...summarised a phone call between Mr Ritchie and Mr Medlicott. The email stated that the Privacy Commissioner requires particular instances of disclosure or use of information to be identified before it notifies a complaint to an agency. Mr Ritchie requested that Mr Medlicott point out to him any instances of disclosure or other information that was particularly important or telling. The email then concluded: I will be in touch once I have reviewed the information you have provided more...

7. LCRO 222/2017 RD v LC and BT (31 July 2019) [pdf, 144 KB]

   ...[9] The parties have agreed to the review being dealt with on the papers. This review has been undertaken on the papers pursuant to s 206(2) of the Act, which allows a Legal Complaints Review Officer (LCRO) to conduct the review based on all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [10] I record that having carefully read the materials proved by the parties there are no additional issues or questions in...

8. Buchanan - Riwaka-Matiu-Mātana Whānau Trust (2018) 51 Te Waipounamu MB 269 (51 TWP 269) [pdf, 260 KB]

   ...proceeds after payment of Pārua’s $100,000 equity applied in the manner suggested above. [2] I also directed trustees to file updated accounts together with details of any current tax liability within 15 working days of 27th June 2018. That information has yet to be filed. [3] Since the provisional determination the Court has received the following: (a) An email dated 26 August 2018 and two emails dated 5 September 2018 from Paia Riwaka-Herbert noting that, as Pārua is unable...

9. [2018] NZEmpC 130 Kocaturk v Zara’s Turkish Ltd [pdf, 222 KB]

   ...The Employment Court looks to the provisions of the High Court Rules 2016 when dealing with applications for security for costs. It does so pursuant to reg 6(2)(a)(ii) of the Employment Court Regulations 2000 (the Regulations), as there is no form of procedure provided by the Act, the Regulations or any rules of the Employment Court. [13] Under r 5.45 of the High Court Rules, the Court has discretion to order the giving of security for costs. One basis for ordering security is i...

10. BORA Taxation (Annual Rates for 2019-20, GST Offshore Supplier Registration, and Remedial Matters Bill [pdf, 144 KB]

    ...Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of Expression 7. 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 8. The Bill has a number of requirements for the provision of cer...