Search Results

1. Director of Human Rights Proceedings v Attorney-General [2020] NZHRRT 45 [pdf, 626 KB]

   ...possible occurrence) of the loss. It is not necessary for the cause to be the sole cause, main cause, direct cause, indirect cause or “but for” cause. No form of words will ultimately provide an automatic answer to what is essentially a broad judgment. [97] Questions of causation must be answered in the legal and factual context in which they arise. The statutory framework in this case, specifically the Defence Act, places responsibility for access to NZDF sites with NZDF, not the...

2. ENVC Hearing 6Oct14 AC evidence chief Nicole Bremner [pdf, 568 KB]

   ...Plan: Coastal 70. In paragraphs 628 – 738 of my Report I provided an assessment of the Proposal against the relevant objectives and policies of the ARP:C. 71. Many of the objectives and policies that are relevant to the Proposal require judgments around appropriate and efficient use and development in the Coastal Marina Area (CMA). In my view whether or not the Proposal constitutes “appropriate” development in the CMA will be guided by positive considerations as wel...

3. Whaanga v Niania - Anewa Block [2011] Māori Appellate Court MB 428 (2011 APPEAL 428) [pdf, 308 KB]

   WHAANGA V NIANIA MAC 2011 Maori Appellate Court MB 428 [19 August 2011] IN THE MAORI APPELLATE COURT OF NEW ZEALAND TAIRAWHITI DISTRICT 2011 Maori Appellate Court MB 428 (2011 APPEAL 428) A20110002361 UNDER Section 58, Te Ture Whenua Maori Act 1993 IN THE MATTER OF An appeal against an order of the Maori Land Court made on 14 December 2010 at 11 Tairawhiti MB 46-55 in respect of the Anewa Block BETWEEN MERE JOSLYN WHAANGA Appellant AND DICK NI

4. Deputy Registrar - Orongotea B No 1 (2008) 127 Whangarei MB 18 (127 WH 18) [pdf, 7.9 MB]

   ...General of Lands Lambton House 160 Lambton Quay Wellington T~na koe Robbie, RE: Reserved decision of Judge D.J. Ambler I refer to our meeting of 27 May 2008. I have now had the opportunity to discuss the issues raised by Judge Ambler's Judgement with the 3 Registrars appointed to the Courts 7 Registries. . I indicated during the course of our meeting that there were a number of matters arising from Judge Ambler's decision that I would need to seek your assistance on....

5. Armfield v Naughton [2014] NZHRRT 48 [pdf, 167 KB]

   ...and his decision to serve it at 10pm at night was uncalled for and again, confrontational. His written statement of evidence read to the Tribunal was littered with provocative statements and gratuitous insults. [28] We conclude he is a man of poor judgment and that he cannot be relied on to give balanced and objective evidence. We therefore have substantial reservations as to the 8 degree to which we can rely on his testimony. This assessment has relevance when we come to addre...

6. Wright v CAC 10056 & Woods [2011] NZREADT 21 [pdf, 169 KB]

   ...fitness to be a licensee”. [37] The principles applying to the exercise of appellate jurisdiction have been considered by the Supreme Court in Austin, Nichols & Co Inc v Stitchting Lodestar [2007] NZSC 103, [2008] 2 NZLR 141. According to the judgment, a Court considering an appeal from a lower Court is not obliged to defer to the reasons of the decision appealed from. Rather, the appellate Court has the responsibility of arriving at its own assessment of the merits of the cas...

7. [2014] NZEmpC 53 NZ Meatworkers Union v Alliance Group Ltd [pdf, 184 KB]

   ...INCORPORATED Plaintiff AND ALLIANCE GROUP LIMITED Defendant Hearing: 4, 5 and 6 June 2013 Heard at Invercargill Appearances: P B Churchman QC, counsel for the plaintiff K G Smith, counsel for the defendant Judgment: 7 April 2014 JUDGMENT OF JUDGE A A COUCH [1] The plaintiff (the Union) and the defendant (Alliance) have been parties to a series of collective agreements. This judgment decides a dispute about the interpretation of...

8. [2022] NZEmpC 164 Zink v Board of Trustees of Southland Boys High School [pdf, 321 KB]

   ...BOARD OF TRUSTEES OF SOUTHLAND BOYS HIGH SCHOOL Defendant Hearing: 12 July 2022 (Heard at Invercargill) Appearances: P Cranney, counsel for the plaintiff J Copeland and J Greenfield, counsel for the defendant Judgment: 7 September 2022 JUDGMENT OF JUDGE B A CORKILL Introduction [1] The issue for determination is whether Mr Theo Zink, who was employed at all material times by the Board of Trustees of Southland Boys High School (SBHS...

9. 20240625-Reinstating-Three-Strikes-Amendment-Bill.pdf [pdf, 5.3 MB]

   ...relevant to assessing the human rights consistency of the proposed three-strikes scheme is s 9, and specifically the proscription on disproportionately severe punishment. 23 . The Supreme Court's decision in Fitzgerald is the most significant judgment regarding the previous three-strikes scheme.29 The Supreme Court, relying on the interpretive duty ins 6 of the NZBORA and other interpretive principles, read into the scheme an implied restriction that on the third strike the maximum...

10. [2010] NZEmpC 88 Coy v Commissioner of Police [pdf, 67 KB]

    ...POLICE Defendant Hearing: 5 July 2010 (Heard at Wellington) Appearances: Scott Fairclough, Counsel for Plaintiff (by video conference from Christchurch) Antoinette Russell and Sally McKechnie, Counsel for Defendant (in Wellington) Judgment: 8 July 2010 INTERLOCUTORY JUDGMENT OF CHIEF JUDGE GL COLGAN [1] There are four preliminary issues for decision in this proceeding which is to go to trial next month. Psychologists’ notes privilege [2] The first is an...