Search Results

1. [2014] NZEmpC 67 Alatipi v CE of the Department of Corrections [pdf, 46 KB]

   ...Court thinks fit. [3] The defendant submits that the Court has a discretion when considering such an application, and that it was Parliament’s intention that the Court bears in mind factors such as the public interest, the interests of justice and a consideration of whether the information will be available under statute such as the Official Information Act. [4] The defendant also refers to dicta in Hayward v Tairawhiti Polytechnic 1 where the Court stated: Rather t...

2. BORA Statutes Amendment Bill (No 2) [pdf, 189 KB]

   ...Statutes Amendment Bill (No 2) 2010 (PCO 14437/9.0) Our Ref: ATT395/136 1. I have reviewed several Parts of this draft Bill for consistency with the New Zealand Bill of Rights Act 1990. The Parts that I have reviewed are those for which the Ministry of Justice is responsible. The Ministry of Justice has reviewed those Parts for which other departments are responsible. 2. The Parts of the Bill that I have reviewed relate to proposed amendments to the following Acts: 2.1 Citizens Ini...

3. OIA-Judges' appointments, extensions, or expiry of a judge's warrant. [pdf, 212 KB]

   ...allocated for this extension of the appointment period? 5. If there has been any reduction in funding, what impact on service delivery has this had? In response to part 1 of your request, I can advise that your question relates to appointment matters the Attorney-General considers in her capacity as Senior Law Officer of the Crown. Therefore, any documents held by the Ministry in relation to this matter are held on behalf of the Attorney-General. The Ombudsman has held that the...

4. [2017] NZEmpC 166 Sawyer v VC of Victoria University [pdf, 425 KB]

   ...the Authority by the Vice-Chancellor. [12] The substance of those pleadings is repeated as the grounds for the application for a stay. Distilling Dr Sawyer’s submissions in support of her application she said: (a) it is in the interests of justice for the Court to stay the order to pay penalties; (b) her signature was improperly procured on the record of settlement which is at the heart of this proceeding and other proceedings; (c) enforcement of the penalties ordered by t...

5. Waitangi Tribunal - Principles of the Treaty of Waitangi as expressed by the Courts and the Waitangi Tribunal [pdf, 190 KB]

   ...Court of Appeal elaborated the principles of the Treaty as required by section nine of the State Owned Enterprises Act 1986 (the SOE Act). As President Cooke explained in that case: The differences between the texts and the shades of meaning do not matter for the purposes of this case. What matters is the spirit. This approach accords with the oral nature of Mäori tradition and culture. It is necessary also because the relatively sophisticated society for whose needs the State-Owned Enter...

6. IPT Annual Report 2015 [pdf, 850 KB]

   ...Refugee Status Appeals Authority under the former Act): (iii) made by the Minister under section 212(2) on whether a person has failed to meet his or her conditions of suspension of liability for deportation: (c) to deal with certain transitional matters arising from the repeal of the Immigration Act 1987, in accordance with Part 12 of this Act. The Tribunal may conduct its proceedings in an inquisitorial manner, an adversarial manner, or in a mixed inquisitorial and adversar...

7. [2021] NZEmpC 111 AJH v Fonterra Co-Operative Group Ltd [pdf, 194 KB]

   ...PROHIBITING PUBLICATION OF NAME AND IDENTIFYING DETAILS IN THE CONTEXT OF THIS JUDGMENT IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2021] NZEmpC 111 EMPC 202/2021 IN THE MATTER OF an application for non-publication order BETWEEN AJH Applicant AND FONTERRA CO-OPERATIVE GROUP LIMITED Respondent Hearing: On the papers Appearances: Applicant in person M McFadden...

8. [2023] NZEnvC 084 Aratiatia Livestock Limited v Southland Regional Council [pdf, 189 KB]

   ...concluded that the sealing of the report does not create an impediment to the application for recall.4 [8] The Regional Council relies on the third category for recall in Horowhenua County v Nash (No 2), that “for some other very special reason justice requires that the judgment be recalled”.5 [9] The Regional Council is not seeking to relitigate Rule 78, but seeks resolution of the confusion and considers that a partial recall is in the best interests of justice in the circum...

9. [2023] NZEnvC 272 Barnhill Corporate Trustee Limited v Queenstown Lakes District Council [pdf, 169 KB]

   ...24.4.7A, 24.5.1.4 and 24.5.1.5 and parts of rules 24.5.1.6 and 27.5.18C. B: Part B sets out provisional findings on SO 3.2.5.8, a new policy 24.2.1.1X and associated mapping and policies 24.2.1.1, 24.2.1.1A, 24.2.1.1B and 24.2.1.1XX, and assessment matters 24.7.5, 24.7.7, 24.7.8, 24.7.8B, 24.7.9 and 27.9.3.3 reserving capacity for supplementary submissions. C: Determinations are reserved on other matters, including 24.1 Zone Purpose and potential further mapping of landscape capac...

10. [2018] NZEnvC 031 Royal Forest and Bird Protection Society of New Zealand Incorporated v Bay of Plenty Regional Council [pdf, 103 KB]

    ~EFORETHEEN~RONMENTCOURT IN THE MATTER AND BETWEEN AND AND Decision No. [2018] NZEnvC 31 of the Resource Management Act 1991 of opposition to waiver application to file late section 274 notice ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2015-AKL-129) Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent NEW ZEALAND TRANSPORT AGENCY Applicant Court: Environment Judge JA Smith Hearing: On the papers, in chambers at Auckland Date o...