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1. TR Environmental Law Conference Judge Newhook Paper [pdf, 156 KB]

   ...Principal Environment Judge Although legal rights exist, the cost of effective participation often places limits on a party’s ability to participate. What can be done to increase access to justice, maximise efficiency and minimise cost? Traditional forms of ADR as well as alternative hearing processes introduced by legislation and by the Court itself attempt to address these issues. This session will provide a summary of the varied forms of dispute resolution and guidance on the benefit...

2. ENV-2016-AKL-000189 Cabra Rural Developments Limited & Others v Auckland Council [pdf, 2.2 MB]

   ...sustainable management of resources . (b) The provisions in paragraph 7 above have been added, deleted or amended outside of the scope of submissions, contrary to section 148 (1) LGATPA. (c) The Council's decision is based on incomplete information. In particular the decision-makers did not consider or have access to: i. Interim Guidance provided by the Independent Hearings Panel for RPS Topic 013; ii. Updated Interim Guidance text for RPS Topic 011 - Rural Subdivision; iii. T...

3. BORA Commerce Amendment Bill [pdf, 418 KB]

   ...unreasonable search and seizure in section 21 of the Bill of Rights Act. Section 25(c): the right to be presumed innocent until proved guilty 7. Clause 21 of the Bill seeks to make refusal or failure without reasonable excuse to comply with specific requests for information an offence under section 103(1)(a) of the Act. Clause 21 gives rise to an issue of inconsistency with section 25(c) because the defendant is required to prove (on the balance of probabilities) an excuse to escape liab...

4. BORA Manukau City Council (Control of Graffiti) Bill [pdf, 322 KB]

   ...display of spray paint in retail premises and prohibiting its sale to minors, providing the Manukau City Council ('the Council') with power to remove graffiti on private property and providing the police with powers to arrest and request information. ISSUES OF INCONSISTENCY WITH THE BILL OF RIGHTS Section 14: Freedom of Expression 6. Clause 8 of the Bill requires a sign to be displayed in premises selling spray paint stating that it is unlawful to sell cans of spray paint to...

5. MW v EF Ltd [2019] NZDT 1304 (4 December 2019) [pdf, 248 KB]

   ...CI0301_CIV_DCDT_Order Page 5 of 6 company that has been pulled together from other sources into one document. Whilst that information is generic, it was sought. In addition, a task list was also created. A [redacted] partnership exploration was also produced, as requested. MW also attended a meeting with [redacted] as requested. 17. It is not possible to place a commercial value on this information. None of the documents went far enough, and MW never had sufficient access to...

6. Steele v Community Leisure Centre Ltd (Strike-Out Application) [2019] NZHRRT 9 [pdf, 254 KB]

   ...advised Mr Steele by telephone that his WAC membership was revoked. Later that day, Mr Steele met Mr Mullins and another WAC manager, Mr Scott Linklater, at the WAC. His membership was terminated at this meeting. [8] Mr Steele subsequently made a request to the WAC under the Privacy Act 1993 for a copy of the incident report. [9] On 4 July 2016, Mr Steele complained to the HRC alleging sexual harassment and naming the WAC as the respondent to his complaint. The HRC did not accept th...

7. LCRO 140/2016 and 153/2016 BF v ZL (21 February 2019) [pdf, 230 KB]

   ...certificates annexed to these securities which included a certificate that CAB was solvent. Mr BF disagrees. [15] These Security Agreements were subsequently assigned by SOX to FAR. The Deed of Assignment records that the assignment was at the request of CAB. The purchase price for the assignment was $300,000. The documentation was prepared by another law firm and provided that the purchase price would be paid by CAB (the debtor). In his letter of complaint Mr BF advises that h...

8. LL v Sun [2019] NZIACDT 14 (12 March 2019) [pdf, 123 KB]

   ...order requiring completion of any training but appears to believe it is necessary as she seeks an order that Mr Sun be prevented from reapplying for a licence until he has completed the full Graduate Diploma Course. I will be dealing with her request for an order that Mr Sun be prevented from reapplying for a licence in the next section. [37] I do not see the need for any retraining. Mr Sun will now be well aware of the professional obligations violated. There is no evidence of a...

9. Amaru v Dickson - Puketapu 3C7B1 (2019) 399 Aotea MB 202 (399 AOT 202) [pdf, 263 KB]

   ...Mrs Dickinson, however, identified that the trustee consents incorrectly recorded the name of the trust as the Ripeka Te Taite Whānau Trust. 399 Aotea MB 203 [4] Those orders were conditional on the nominees filing the correct consent forms within one month. They were also directed to hold a trustee meeting before the end of year to elect office holders and attend to any other trust business deemed necessary. The minutes of that meeting were to be filed with the Court...

10. Handy v New Zealand Fire Service Commission (Strike-Out Application) [2018] NZHRRT 27 [pdf, 351 KB]

    ...not consider the Human Rights Commission had jurisdiction to proceed with the complaint of racial harassment, as Mr Handy had sought to have it included in a personal grievance dealt with by the ERA. The Human Rights Commission subsequently informed Mr Handy that it declined to proceed with his complaint of racial harassment. In August 2015, mediation was held in respect of the sexual orientation discrimination complaint which was unsuccessful. The Human Rights Commission fil...