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1. BORA Major Events Management Bill [pdf, 330 KB]

   ...Economic Development Footnotes 1 R v Keegstra [1990] 3 SCR 697,729,826. 2 Irwin Toy Ltd v A-G (Quebec) (1989) 58 DLR (4th) 577 (SCC). 3 RJR-MacDonald Ltd v Attorney General of Canada (1995) 127 DLR (4th) 1; see on this point the dissenting judgment of La Forest J. 4 Richard Claydon & Hugh Tomlinson The Law of Human Rights (Oxford University Press, Oxford, 2000), Vol.1, 15.171 – 15.176 5 RJR MacDonald v Attorney-General of Canada (1995) 127 DLR (4th)1 In addition to th...

2. LCRO 8/2014 HTO v AG [pdf, 216 KB]

   ...view on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [26] More recently, the High Court has described a review by this Office in the following way:10 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determ...

3. [2021] NZEnvC 135 Caradoc-Davies v Clearwater [pdf, 213 KB]

   ...first decision was made by consent of the parties therefore claiming costs as part of this process is unreasonable and inappropriate; (d) there is no substantive decision on the legality of the Respondent’s actions in the third decision22 and no judgment of the Court regarding the legality of the QRP; (e) they did not fail to provide a digital terrain model in accordance with the Court’s direction. The Court’s decision required Patterson Pitts to provide documentation. Thi...

4. [2023] NZEnvC 075 Gray v Dunedin City Council [pdf, 289 KB]

   ...non-notified basis, and it was because of the implications of the policy interpretation noted above that the Council originally felt obligated to elect that the decision at Council level be made by a three member hearing panel; (f) the court’s judgment has now assisted Council and the community with understanding the parameters within which a landowner may seek to rely on Policy 16.2.1.7.Y (clause 10.7(b) Practice Note 2023); 6 NOE p 83, line 26. 6 (g) through this appea...

5. Briefing-Election-Access-Fund-Statutory-evaluation-after-the-first-use-of-the-Fund-Final-Redacted.pdf [pdf, 2.2 MB]

   ...A known limitation of the evaluation, however, has been that the Fund has only been used for one election and no by-elections. This means that there is only a small number of applicants to the Fund (four people) to date. This limited the evaluative judgements that could be made. The evaluators have suggested that a further evaluation assessing the Fund after several election cycles would be beneficial. The Fund and Act should be given time to be used at several more elections We recomm...

6. Iosefa v New Zealand Law Society [2024] NZLCDT 26 (28 August 2024) [pdf, 119 KB]

   ...trustworthy and a person of integrity. (e) When assessing past convictions, the Court must consider whether that past conduct remains relevant. The inquiry is a fact-specific one and the Court must look at all of the evidence in the round and make a judgement as to the present ability of the applicant to meet his or her duties and obligations as a lawyer. (f) The fit and proper person standard is necessarily a high one, although the Court should not lightly deprive someone who is o...

7. Briefing - Election Access Fund: Statutory evaluation after the first use of the Fund (Redacted) [pdf, 1.1 MB]

   ...A known limitation of the evaluation, however, has been that the Fund has only been used for one election and no by-elections. This means that there is only a small number of applicants to the Fund (four people) to date. This limited the evaluative judgements that could be made. The evaluators have suggested that a further evaluation assessing the Fund after several election cycles would be beneficial. The Fund and Act should be given time to be used at several more elections We recomm...

8. Election-Access-Fund-Statutory-evaluation-after-the-first-use-of-the-Fund_Final.pdf [pdf, 1.1 MB]

   ...A known limitation of the evaluation, however, has been that the Fund has only been used for one election and no by-elections. This means that there is only a small number of applicants to the Fund (four people) to date. This limited the evaluative judgements that could be made. The evaluators have suggested that a further evaluation assessing the Fund after several election cycles would be beneficial. The Fund and Act should be given time to be used at several more elections We recomm...

9. [2022] NZEmpC 226 Association of Professionals and Executive Employees Inc (APEX) v Te Whatu Ora – Health New Zealand [pdf, 228 KB]

   ...FORMER DISTRICT HEALTH BOARDS LISTED IN THE ATTACHED SCHEDULE) Defendant Hearing: 25-28 July 2022 (Heard at Auckland) Appearances: W Manning and G Bowker, counsel for plaintiff S Hornsby-Geluk, counsel for defendant Judgment: 7 December 2022 JUDGMENT OF JUDGE J C HOLDEN [1] In 2020, the then Auckland District Health Board, Waitematā District Health Board, Waikato District Health Board, Taranaki District Health Board and Hawkes Bay Distri...

10. [2021] NZEmpC 175 FDE v UWV [pdf, 241 KB]

    ...challenge to a determination of the Employment Relations Authority BETWEEN FDE Plaintiff AND UWV Defendant Hearing: 14 July 2021 Appearances: S Greening, counsel for the plaintiff W Fussey, counsel for the defendant Judgment: 13 October 2021 JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS Introduction [1] FDE was employed as a commercial manager with UWV in late 2018. Their employment came to an end less than a year later. They say tha...