Search Results

1. Reinstating-Three-Strikes-Sentencing-Law.pdf [pdf, 31 MB]

   ...approach, sentencing is subject to judicial discretion. Judges impose a sentence by considering the individual circumstances of the case, guided by the overall framework of the purposes and principles set out in the Sentencing Act 2002, any guideline judgments, and previous cases covering similar offending. For murder offences judicial discretion is reduced.1 The Court must take into account an offender’s previous convictions as an aggravating factor at sentencing. See Appendix 2 for mo...

2. Koria & Anor v Johnson & Ors [2013] NZWHT Auckland 14 [pdf, 208 KB]

   ...supervise the interior finishing of the houses, supported Mr Hardy in that they worked under the direction of Mr Johnson, the owner of Maxbuild. [55] In a submission before Mr Hardy was joined to the proceedings, Mr Holland referred to a judgment of the Supreme Court9 in 2004 in which the Court stated that all the circumstances have to be taken into account when deciding whether a person was employed as a contractor or an employee, and that the documentation is not definitive...

3. [2022] NZACC 100–Phillips v ACC (25 May 2022) [pdf, 343 KB]

   ...THE ACT BETWEEN YVETTE PHILLIPS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 28 April 2022 Heard at: Christchurch/ Ōtautahi Appearances: Appellant in person Ms F Becroft for the Respondent Judgment: 25 May 2022 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE C J McGUIRE [Work related mental injury s 21B Accident Compensation Act 2001] __________________________________________...

4. QE & TE v G Ltd [2024] NZDT 878 (29 August 2024) [pdf, 200 KB]

   ...claim before the Tribunal. 8. QE and TE say that section 17 of the Law Reform Act 1936 means they are entitled to claim against G Ltd as the section allows a person to bring a claim against a second joint tortfeasor even if the person has secured judgment against the first joint tortfeasor (section 17(1)). Section 17 changed the common law position, known as the judgment rule, which had prevented the bringing of a second claim. It should be noted though that the section goes on to say t...

5. Taueki v Procter - Horowhenua 11 (Lake) (2021) 437 Aotea MB 86 (437 AOT 86) [pdf, 389 KB]

   ...TUKAPUA, CAROLINE O’DONNELL AND KEREHI WARENA AS FORMER TRUSTEES OF THE HOROWHENUA 11 PART RESERVATION TRUST Ngā Kaiurupare Respondents Nohoanga: Hearing On the papers Kanohi kitea: Appearances Whakataunga: Judgment L Watson for P Taueki L Thornton for C Rudd M McKechnie and L Underhill Sem for Former Trustees G Baumann for Heritage New Zealand Pouhere Taonga 10 September 2021 TE WHAKATAUNGA Ā KAIWHAKAWĀ L R HARVEY...

6. [2009] NZEmpC CC 8/09 Safe Air Ltd v Walker [pdf, 56 KB]

   ...Relations Authority BETWEEN SAFE AIR LIMITED Plaintiff AND PHILIP TERENCE WALKER Defendant Hearing: 30 and 31 July 2009 (Heard at Christchurch) Appearances: T P Cleary, Counsel for Plaintiff M Hardy-Jones, Counsel for Defendant Judgment: 7 August 2009 JUDGMENT OF JUDGE A A COUCH [1] Mr Walker was employed by Safe Air Limited (“Safe Air”) at its Blenheim airport facility as a purchasing officer. On 10 February 2009 he was dismissed for inappropriate...

7. Nukutere Lands Trust v Trustees of Whitikau A1 – Opape 28 (2013) 70 Waiariki MB 272 (70 WAR 272) [pdf, 1.4 MB]

   ...clearing costs. In his report dated 27 September 2005, he described the road as follows: “Old Military Track was formed by the armed forces in the late 1800s. The track traverses ridges and sidles along relatively steep slopes, close to the ridge line. The slopes are up to 50 degrees in places and covered in mature native bush with occasional large red beech trees up to 2m diameter and the occasional large slip. The track appears to have been unused by vehicles for an extensive peri...

8. Butler v NF Fraser Co Limited - Mangawhaiti 3B1 and Takahiwai 3 A2 [2013] Chief Judge's MB 59 (2013 CJ 59) [pdf, 1.9 MB]

   ...nature private and therefore restricted as to user in favour of the land to which the roads gave access. [71] Section 117 of the Native Land Act 1909 ("1909 Act") gave the Court the power to "layout upon the land partitioned such road-lines (if any) as the Court thinks necessary for the due settlement and use of the several parcels". Under s 117(2) the Governor could declare such "road-lines" to be a public road. Once again, the scheme of the 1909 Act was th...

9. [2018] NZEnvC 092 Wallace Group Limited v Auckland Council [pdf, 5.5 MB]

   ...facing Nancy Wake Street: (a) the residential amenity values and the quality of the local environment for those dwellings would be largely maintained if the Site were zoned BLI and enhanced if the Site were zoned RMHS; however (b) the ultimate judgment on the most appropriate zoning outcome (including in terms of whether it should be one of the modified BLI or RMHS Zoning Options) is determined by other issues traversed in evidence to which we now turn. Competing opportunity cos...

10. H v EQC and Offshore Market Placement Ltd [2019] CEIT-2019-0025 [pdf, 307 KB]

    ...says was suffered by his property at xxxx, Christchurch, during the Canterbury earthquakes between 4 September 2010 and 13 June 2011. [2] H’s application to the Tribunal was accompanied by a letter to which was attached a Court of Appeal judgement dated xx xx. That Court dismissed his appeal and upheld the High Court decision rejecting his insurance claim against the first and second respondents in respect of that same property on xx. H stated costs awarded against him in both c...