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1. ENVC paper Challenges Changes in Environment Court 2013 [pdf, 103 KB]

   ...senior officers with full knowledge of cases and full delegated authority to settle, enormous progress is made in the direction of consent orders for signing off by the Judges. Where Councils (and some other large parties) are not so represented, matters go on a “merry-go-round” of consideration by regulatory committees and the like, and mediations can be re-convened more than once while all this occurs over many months. Not only are many parties upset about the cost and delay of t...

2. Marine and Coastal Area - Provisions for protecting customary interests [pdf, 159 KB]

   ...and publicly notified (sections 102 and 103).  The Government will inform local authorities of applications for recognition agreements. In addition, once the details of CMT applications are confirmed, these are listed on the Ministry of Justice website. It is hoped that relevant council websites will include a link to the Ministry of Justice website, or provide information to prospective resource consent applicants on where to obtain this information. Operation of the RMA perm...

3. [2020] NZEmpC 74 New Zealand Post Primary Teachers’ Association Inc v Secretary for Education [pdf, 237 KB]

   ...ASSOCIATION INCORPORATED v SECRETARY FOR EDUCATION [2020] NZEmpC 74 [27 May 2020] IN THE EMPLOYMENT COURT OF NEW ZEALAND WELLINGTON I TE KŌTI TAKE MAHI O AOTEAROA TE WHANGANUI-A-TARA [2020] NZEmpC 74 EMPC 116/2018 IN THE MATTER OF a proceeding under the Employment Relations Act 2000, the Equal Pay Act 1972 and the Government Service Equal Pay Act 1960 AND IN THE MATTER of an objection to closing submissions and an application to call fur...

4. Te Manutukutuku Issue 33 [pdf, 5.2 MB]

   ...in the region. The claims have been grouped to ensure all issues relating to Taranaki are considered at the hearings. The claims mostly concern Crown purchases prior to the 1860s, the Taranaki wars and the confiscation of lands from that time. Matters relating to the return of some of the confiscated lands, and the way in which lands returned have been administered (by the Public, Native, then Maori Trustee), are also covered. Evidence was presented to the Tribunal by interested par...

5. MT & Anor v NK & Ors [2024] NZDT 798 (12 November 2024) [pdf, 248 KB]

   ...the [Type A pipes]? c. Whether those statements were ultimately incorrect? d. Findings as against the Laird. e. Findings as against F Ltd f. Findings as against T Ltd g. Whether MT and QT are entitled to a remedy? 14. It is only once those matters have been considered that we can move to the next step of determining whether MT and QT are entitled to a remedy and if so, what that might be and which of the Respondents would provide that remedy. Was there [Type A pipes] in the hous...

6. Proposals against incitement of hatred and discrimination - summary document - accessible [docx, 181 KB]

   ...government. The criminal law system is aimed at identifying and prohibiting more serious and harmful conduct by punishing people who break the law. Under the civil provision (section 61), it’s against the law to use, publish, broadcast or distribute written matter or use words that are both: threatening, abusive or insulting, and likely to incite hostility or bring into contempt any group based on their colour, race, or ethnic or national origins. A person may complain to the Human Rights Com...

7. Te Manutukutuku Issue 16 [pdf, 2.7 MB]

   Te Roopu Whakamana i te Tiriti 0 Waitangi Panui Tekau rna ono Hune 1992 Waitangi Tribunal Division Department of Justice Newsletter ISSN 0114-717X Number 16 June 1992 Surplus Railcorp Properties for Sale in Auckland In 1991 the Crown and the National Maori Congress established a joint working party (CC]WP) to consider Treaty of Waitangi claims to Railways surplus properties with the aim of reaching agreement on the disposal of those properties, whether to Maori or other part...

8. NN Ltd v FS [2021] NZDT 1403 (28 April 2021) [pdf, 231 KB]

   ...the barrister did have the authority to engage NN for the additional work. This is called apparent authority and FS is bound by the actions of her agent who engaged the services of NN. If FS has any issue with her barrister’s actions, that is a matter between herself and her barrister. 18. I find that FS, through her barrister, did engage NN for all work done. FS is bound by the actions of her barrister engaging the services of NN for the meeting in November 2019 and the additiona...

9. SC v QS [2022] NZDT 68 (3 May 2022) [pdf, 485 KB]

   ...and DC. Was there a misrepresentation or misleading conduct in the sale? 27. For completeness, I also address whether there may have been misleading conduct or a misrepresentation in the sale. However, I do not believe there is scope in this matter to extend these regimes to place liability on an agent in a private sale. 28. The Fair Trading Act 1986 (FTA) only applies to those in trade. A person does not need to be trading in a personal capacity to be considered “in trade”....

10. UV Ltd v MB Ltd [2023] NZDT 81 (11 November 2022) [pdf, 221 KB]

    ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...