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  1. Oslo speech for IUCNAEL Colloquium June 2016 [pdf, 290 KB]

    ...rather than merits 5 Geotherm Group Limited Decisions A 47/06 and A151/06 (Environment Court) 6 The Logic of Liberty: Reflections and Rejoinders (Routledge and Kegan Paul, London 1951) 7 The forms and limits of adjudication (1978-1979) 92 Harvard L Rev353-1st written in 1957 and revised in 1959 and 1961 and published posthumously. 15 appeals, particularly in the UK where there is emphasis on administrative decision-making in...

  2. [2021] NZACC 4 - Ross v ACC (5 January 2021) [pdf, 268 KB]

    ...Initial Occupational Assessment (“IOA”) was completed over three separate days by Ms Sue Lawrence. The IOA detailed Ms Ross’ work experience over a 21-year period, during which she worked mostly in clerical roles, had strong analytical and informational skills and strong typing. The assessor went on to identify 11 job options that would be vocationally suitable for Ms Ross; and indicated that she could benefit from some updating in terms of her software knowledge and by unde...

  3. [2021] NZREADT 8 - Complaints Assessment Committee 2001 v Sheldon (19 February 2021) [pdf, 198 KB]

    ...prospective purchasers as to the complainants’ price expectations, in breach of rr 9.1 and 9.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”); and [b] misled the complainants by providing false information regarding a prospective purchaser’s comments on the value of the property, in breach of r 6.4 of the Rules. [2] Mr Sheldon admits that he sent a text to prospective purchasers inviting expressions of interest in the propert...

  4. LCRO 73/2019 LM v NO (27 July 2020) [pdf, 224 KB]

    ...summarised as follows: (a) From day-one – even before Ms W instructed Mr NO to act – PQ had always maintained that the 2011 advance by S to [ABC] was a properly documented loan payable on demand. (b) Mr NO initially spoke to S at PQ’s request, in about February or March 2018, for corroboration of the 2011 advance to [ABC] as a loan. S swore an affidavit to this effect in support of PQ’s evidence in the relationship property proceedings. (c) When Ms LM persisted with h...

  5. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Evidence - Stephen Chiles [pdf, 1.6 MB]

    ...of the nearest house at 90 Pryde Road. The general quarry activities can start from 0700h on weekdays. 28. State Highway 1 is part of the existing acoustic environment. In locations relatively near the state highway, such as at 22 Pryde Road, it forms a significant component to the ambient sound, whereas at 90 Pryde Road and 110 Porteous Road it has a lesser contribution, although vehicles can still be clearly audible. The three nearest houses to the wind turbine all have signific...

  6. [2020] NZEmpC 166 New Zealand Resident Doctors Assoc v Auckland District Health Board [pdf, 336 KB]

    ...Are RMOs “new employees” for the purposes of s 62(3) of the Act when, as part of their training, they move from one DHB in the Auckland region to another DHB in that region? (the first question)1 (b) What is the work an RMO “will be performing” for a DHB for the purposes of s 62(4) of the Act? (the second question)2 [2] In the statement of claim for the first question, a declaration was sought in the alternative that the DHBs to which the RMOs are rotated are obliged to c...

  7. Booth v Herlihy - Waikoukoutauanui 6B 6C and 6DB [2020] Chief Judges MB 632 (2020 CJ 632) [pdf, 327 KB]

    ...Wairarapa MB 16-20, vesting the blocks into three trustees to LINZ for registration. 18. The 995 registration of this Court order with LINZ effectively vested the whole lands into the three trustees as being the legal proprietors. 19. Mr Booth may request that LINZ, by way of the Māori Land Court, issue a title in his name in regards to his 2/5ths share interest Waikoukoutauanui 6B, 6C, 6D2B. However, further research would need to be undertaken to determine if changes to legislati...

  8. [2020] NZEmpC 99 Assoc of Professionals and Executive Employees Inc v Counties Manukau District Health Board [pdf, 299 KB]

    ...sick leave provision [11] Clause 14 refers to provisions of the HA. [12] The stated object of the HA is to “promote balance between work and other aspects of employees’ lives”. It provides employees with minimum entitlements to various forms of leave, including sick leave “to assist employees who are unable to attend work because they are sick or injured, or because someone who depends on the employee for care is sick or injured”.4 [13] Section 6 of the HA states that e...

  9. Nikora v Te Uru Taumatua - Te Uru Taumatua Trust [2020] Maori Appellate Court MB 248 (2020 Appeal 248) [pdf, 308 KB]

    ...and authorities of the High Court with respect to trusts. That is after all what the provision says. […] [51] Accordingly, s 237 of the Act confers on the Court all the powers and authorities of the High Court with respect to trusts. This forms part of the Court’s armoury to ensure it has the most extensive supervisory powers in relation to trusts. Section 236(1)(c) of the Act provides that the powers in s 237 extend to a trust constituted in respect of General land owned by...

  10. Justice Matters - issue 17 - December 2019 [pdf, 5 MB]

    ...does not always live up to those basic aspirations. In December this Government announced its response to the release of two significant reports. Turuki! Turuki! from Te Uepū Hāpai I te Ora, and Te Tangi o te Manawanui: Recommendations for Reform from the Chief Victims Advisor, along with the reports released earlier this year - Inaia Tonu Nei and He Waka Roimata - tell us there is much we need to do if we want our criminal justice system to be safe and effective and if we want to...