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1. [2023] NZEnvC 259 Dromgool v Minister for Land Information [pdf, 493 KB]

   ...Works Act 1981 BETWEEN S & D DROMGOOL (ENV-2017-AKL-101) AD & J POULTON (ENV-2017-AKL-102) NEWMAN FARMS LIMITED (ENV-2017-AKL-103) Objectors AND MINISTER FOR LAND INFORMATION Respondent Court: Judge J A Smith sitting alone under s 279(1) of the Resource Management Act 1991 Hearing: On the papers Last case event: 21 November 2023 Counsel: J Prebble and N El Sanjak for the Respondent D Salmon KC and A McDonald for the Objectors...

2. Brunton v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 187 [pdf, 382 KB]

   ...This has allowed the court to draw robust inferences of causation in some cases of uncertainty …. However. a court may only draw a valid inference based on facts supported by the evidence and not on the basis of supposition or conjecture ….. Judges should ground their assessment of causation on their view of what constitutes the normal course of events, which should be based on the whole of the lay, medical, and statistical evidence. and not be limited to expert witness evidence...

3. Heng v Walshaw [pdf, 550 KB]

   CLAIM NO: 00734 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER OF an adjudication BETWEEN JOHN MONTGOMERY HENG AND ANNE ELIZABETH HENG Claimants AND CHRISTOPHER WALSHAW AND MARGARET ANNE WALSHAW First respondents (Intituling continued next page) Appearances: Scott Galloway, counsel for the claimants Chris Walshaw, for the first respondents Tim Cleary, counsel for the second respondent John Morrison, co

4. Regulatory Impact Statement Privacy Act 1993 Information Sharing Amendments [pdf, 100 KB]

   ...protect the information they are dealing with. A final determination in New Zealand’s favour may be put at risk if changes to New Zealand privacy law could be said to fall below the recognised European Union standard against which we are being judged. 28 This is not the Ministry’s preferred option. Consultation 29 The following agencies have been consulted on this paper: Departments of Building and Housing, Conservation, Corrections, Inland Revenue, Internal Affairs, and Labo...

5. International Covenant on Civil and Political Rights - list of issues 6th report [pdf, 51 KB]

   ...within which human rights are promoted and protected at the national level that have taken place since the previous periodic report, including any relevant case law. Please also provide information on measures adopted to disseminate the Covenant among judges, lawyers and prosecutors. 2. Please provide information on significant political and administrative measures taken since the previous report to promote and protect human rights under the Covenant, and the resources allocated thereto,...

6. Brankin v CAC 10027 [2011] NZREADT 33 [pdf, 97 KB]

   ...of Law. This is colloquially known as an ‘all evidence’ rule. [6] However the Evidence Act does also apply (see s 109(4)). 3 The Law: The Statutory Provisions [7] Section 8 of the Evidence Act provides that in any proceeding the Judge must exclude evidence if its probative value is outweighed by the risk that the evidence will have an unfairly prejudicial effect on the proceedings or needlessly prolong it. [8] Section 9 provides that any evidence can be admitted wit...

7. Murphy v CAC 10060 & Cussen [2012] NZREADT 52 [pdf, 41 KB]

   ...agent involved with the Abby Close sale, and by Donna-Marie Morris, another agent involved with some of the listings who received the card drop from Ms Cussen. [3] The Tribunal always prefers to hear from both parties in person as it enables them to judge the credibility of each witness. Mr Murphy did not give evidence because he was not personally involved in any of these matters but was there to represent the agents in his agency who had complained to him about these actions. He str...

8. International Covenant on Civil and Political Rights - concluding observations 5th report [pdf, 153 KB]

   ...trafficking. (art. 8) The State party should intensify its efforts to identify victims of trafficking and ensure the systematic collection of data on trafficking flows to and in transit through its territory. Training for police officers, border guards, judges, lawyers and other relevant personnel should be provided, in order to raise awareness of the sensitivity of the issue of trafficking and the rights of victims. 16. The Committee notes the State party’s policy to use detention of...

9. LCDT - 2010 practice note [pdf, 353 KB]

   ...Conveyancers in respect of applications to restore to the Register or revocation of employment prohibition, and; • An objector who has given notice of objection under clause 8.3. Dated at Auckland this 28th day of September 2012 Signed Judge D Clarkson Chairperson Lawyers and Conveyancers Disciplinary Tribunal Page 7 LCDT 05/14 - PN Practice Note For more information visit www.justice.govt.nz/tribunals

10. Fehling v Appleby (Strike-Out Application) [2013] NZHRRT 19 [pdf, 54 KB]

    ...an outstanding warrant in relation to some other matter. It being the holiday period, there were no judicial facilities on the West Coast and Mr Fehling was accordingly taken to Christchurch. On his first appearance there before a District Court Judge he was released at large without bail. The charge was dropped. From the time of his arrest to the time of his release Mr Fehling mounted a hunger and water strike, a period of three and a half days. [2] When Mr Fehling asked the Schoo...