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1. Justice Matters - issue 05 - December 2016 [pdf, 3 MB]

   ...is expected to be finished in December 2017. The building was closed in 2011, when a seismic report found it to be earthquake prone and below acceptable seismic standards.  Work begins on Dunedin’s historic courthouse 8 HISTORIC COURTS LEGISLATION PASSES New legislation is paving the way for people to use courts in 21st-century ways and access government services online. The Judicature Modernisation legislation passed its third reading on 12 October and introduced more strea...

2. Guidance for the appointment of Human Rights Commissioners [pdf, 257 KB]

   ........................................................................................................ 2 The Paris Principles and the Global Alliance of National Human Rights Institutions .......... 4 Formal requirements for the appointment of Human Rights Commissioners ................ 5 Legislative requirements ................................................................................................... 5 Cabinet requirements .........................................................

3. [2022] NZACC 18 - Carey v ACC (2 February 2022) [pdf, 293 KB]

   ...the Interest on Money Claims Act 2016 replaced those provisions. [48] He referred extensively to the decision of Judge Cadenhead in Morgan v ACC6 where the Judge set out the history of interest on late payment under the accident compensation legislation. [49] Mr McBride concludes that there is no power under the 2001 Act or otherwise to make any provision for interest save under s 114 or the inapplicable s 371. [50] In any event Mr McBride submits that an ACC claim is not a “...

4. OIA-121215.pdf [pdf, 1.4 MB]

   ...until after the Final Report was received. This was on the basis it would be helpful to consider them alongside the proposed puretumu torowhānui (holistic redress) scheme. 7. The Justice specific recommendations in the Final Report are primarily legislative and include proposed amendments to, or review of, the Crimes Act 1961, the Sentencing Act Document 2 Page 3 of 10 s9(2)(f)(iv) RE LE AS ED U ND ER T HE O FF IC IA L IN FO RM AT IO N AC T 19 82 CONFIDENTIAL...

5. Te Hiwi v Tahamata Incorporation (2005) 148 Aotea MB 265 (148 AOT 265) [pdf, 606 KB]

   Minute Book: 148 AOT 265 IN THE MAORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT Place: Present: Date: Application No: Subject: Legislation: Applicant: Counsel: Hearing: Introduction Rotorua L R Harvey, Judge 1 February 2005 A20030005302 Tahamata Incorporation Section 280, Te Ture Whenua Maori Act 1993 John Te Hiwi, in person Mr E A Macdonald for the Tahamata Incorporation 2 December 2003, 16 March 2004 RESERVED DECISION On 2 September 2003 John Te Hiw...

6. Regulatory Impact Statement: Second phase of reforms to the Anti-Money Laundering and Countering Financing of Terrorism regime [pdf, 1.6 MB]

   ...accountants, real estate agents, conveyancers and some high value dealers will be covered in scope of the AML/CFT regime 2.2. the commencement of the compliance obligations for the new sectors will be phased and conclude within two years of enacting the legislation; and 2.3. the AML/CFT supervisory regime will be extended to the new sectors. 3. These early decisions limit the analysis to some extent, particularly in relation to retaining the status quo. The progress of the second p...

7. [2020] NZEmpC 237 Gate Gourmet NZ Ltd and ors v Sandhu and Ors [pdf, 324 KB]

   ...employee.12 A MWO made under the MWA then provides the current minimum rate an employee must be paid for time actually worked.13 [37] Other obligations to pay, outside the MWA, may arise when an employee is not working. Perhaps the most obvious legislative obligation is to pay holiday pay as required by the Holidays Act. The Employment Relations Act also requires reasonable compensation to be paid for periods where an employee is required to be available for work in addition to...

8. Mokaraka v Mokaraka - Waima C8 [2022] Māori Appellate Court MB 17 (2022 Appeal 17) [pdf, 343 KB]

   ...under s 44(5) of the Act. They argued that, because the Deputy Chief Judge had refused to cancel the 1995 orders, s 44(5) applied, meaning there was no appeal right to the Māori Appellate Court. 5 Inia v Julian [2020] NZCA 423. https://www.legislation.govt.nz/act/public/1993/0004/latest/whole.html?search=ad_act__te+ture+whenua+maori____25_ac%40bn%40rn%40dn%40apub%40aloc%40apri%40apro%40aimp%40bgov%40bloc%40bpri%40bmem%40rpub%40rimp_ac%40ainf%40anif%40bcur%40rinf%40rnif_a_aw_se&...

9. Anderson v Lowe - Succession to Moera Anderson [2021] Chief Judge's MB 728 (2021 CJ 728) [pdf, 499 KB]

   ...General land owned by Maori in the hands of the owners. The scheme of the legislation and the policy is to thus recognise the special relationship to land that the Māori people enjoy. A whāngai that is not Māori falls outside the ambit of this legislative scheme and policy unless the tikanga (as an expression of their rangatiratanga over land) of the relevant group of owners, their whānau and their hapū permitted such whāngai to succeed. [41] In this case, I note that the app...

10. [2021] NZACC 105 - W v ACC (16 July 2021) [pdf, 384 KB]

    ...completing the placement “W” would obtain her qualification in social work and be able to work in that field. [11] Reference was made to Revitt v ACC3 where the Court said that before a generous and unniggardly approach can be taken, the legislation must be capable of being interpreted in the way suggested. And McKeffrey v ACC4 where the Court cautioned against additional verbal formulations when interpreting accident compensation statutes. [12] The evidence was that stud...