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1. Nicholas v The Official Assignee - Lot 6 DP 34349 [2021] Maori Appellate Court MB 228 (2021 APPEAL 228) [pdf, 258 KB]

   ...September 2020 the Official Assignee sought its dismissal without hearing pursuant to r 8.19 of the Māori Land Court Rules 2011 (the Rules), or alternatively struck out as an abuse of process. On 14 December 2020, we issued a minute declining that request with reasons to follow. [7] Rule 8.19 allows the Māori Appellate Court to dismiss an appeal without hearing where it is clear on the face of the appeal that the Māori Appellate Court does not have jurisdiction to hear the appe...

2. [2021] NZEnvC 116 Te Runanga O Ngati Awa v Whakatane District Council [pdf, 952 KB]

   ...(a) Decision [2018) NZEnvC 169 - Decision on the standing of parties under s 27 4 of the Act. (b) Decision [2018] NZEnvC 193 - Decision on application for waiver to join the appeals under s 27 4. (c) Decision [2018] NZEnvC 195 -Determination of request for Access to documents. ( d) Decision [2018] NZEnvC 207 - Decision on application for strike out and security for costs. (e) Decision [2019] NZEnvC 196 - Interim Decision of Environment Court. (f) Decision [2019] NZEnvC 75 -...

3. Privacy-European-Union-Adequacy-Status [pdf, 1.6 MB]

   ...Office of the Minister of Justice Cabinet Social Wellbeing Committee Privacy – European Union Adequacy Status Proposal 1. This paper seeks agreement in principle to strengthen the transparency of the indirect collection of personal information under the Privacy Act 2020, and to do further policy work and consultation to achieve this objective. Relation to government priorities 2. supports New Zealand’s global reputation for protecting personal informati...

4. 20220928-NZBORA-Advice-Deposit-Takers-Bill.pdf [pdf, 218 KB]

   ...Consistency of the Bill with the Bill of Rights Act Section 14 – freedom of expression 8. 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.2 9. The Bill includes provisions that limit the right to fre...

5. Government-response-to-the-Law-Commissions-report-Class-Actions-and-Litigation-Funding.pdf [pdf, 357 KB]

   ...intention to advance this work as quickly as resource permits. Timing of the government response 27 The relevant Cabinet Office circular CO (09) 1 sets out processes for responding to Law Commission reports. It requires the Government to present a formal response to the House within 120 working days of the presentation of a Law Commission report. 28 This means I am required to present the Government’s response to the report no later than 13 December 2022. Consultation 29 The...

6. [2023] NZEmpC 64 Whangamata Golf Club Inc v Harwood [pdf, 261 KB]

   ...2021, including his view that the risk of COVID-19 was not substantial in the circumstances and that any risk to vulnerable people could be managed under current health and safety practices. Mr Harwood asked the club to revoke the vaccination request they had made and set out a number of questions.10 [18] Also on 25 November 2021, a letter was sent to Mr Harwood describing the club’s vaccination policy, including the view of the club that his employment would have to end on 26 De...

7. [2022] NZEnvC 124 Poutama Kaitiaki Charitable Trust v Heritage New Zealand Pouhere Taonga [pdf, 4.1 MB]

   ...were of particular concern to Nga Hapu o Poutama, because the area is a waahi tapu. Moreover, the presence of this waahi tapu in the proposed project area reflects this appeal is a matter of public interest; (i) First Gas wrongly asserted that the request for conditions to require the involvement of Nga Hapu o Poutama in the project was not related to avoiding any adverse effects on Poutama cultural and archaeological heritage; G) Heritage NZ has an obligation under the Act to rec...

8. Ngāti Moerewa o MHKM Māori Inc. v Attorney General of New Zealand - Matatau 5E25F and others (2022) 248 Taitokerau MB 214 (248 TTK 214) [pdf, 265 KB]

   ...wishes to appear and be heard in connection with an application must file in the Court and serve on the applicant a notice of intention to appear that complies with rule 5.9(2). (2) The notice must— 248 Taitokerau MB 221 (a) be in form 5; and (b) state whether the person supports or opposes the application; and (c) state the grounds for supporting or opposing the application; and (d) be given not later than 5 working days before the application is to be heard. (3) T...

9. Electoral-Amendment-Bill-Supplementary-Order-Paper-Final.pdf [pdf, 1 MB]

   ...in particular, that registered parties can continue to meet their ongoing reporting obligations. 28 This approach will ensure a smooth transition to the rule changes in election year. Election year guidance for parties and candidates and return forms and reporting processes will need to be updated, including how donations and loans information is published on elections.nz. The Commission will also be responsible for overseeing compliance with the new rules. Financial Implications...

10. [2021] NZACC 107 - Ballantyne v ACC (19 July 2021) [pdf, 176 KB]

    ...and some of these cases are; Hull, 249/97 Tuiotj, 327/00 Fergusson, 84/00 Osborne, 105/06. [25] From those decisions the following may be stated: [a] The mere confirmation of a prior decision does not constitute a new decision. [b] The request of a claimant to reconsider or revise its original decision does not turn into a fresh decision if the Corporation declines to do so and maintains its earlier decision was correct. [c] The Corporation is able to issue an amended deci...