Search Results

1. [2018] NZEnvC 210 Port of Tauranga Limited v Bay of Plenty Regional Council [pdf, 365 KB]

   ...of magnitude less. c. The opinion of the Council's commissioner given for the purposes of making decisions under ss 95 - 95G RMA and referred to in bare terms in Mr McKenzie's affidavit is, at best, secondary evidence and may be less probative than the inference to be drawn from the facts that the Port 5 has no resource consent to exceed the standard in Rule CD 5 and that it is presently applying for one. 14. On receipt of the Notice of Appeal and the Application for...

2. [2022] NZEmpC 140 Wiles v The Vice-Chancellor of the University of Auckland [pdf, 222 KB]

   ...(c) it includes opinions on construction of documents, which are inadmissible;8 (d) presentation of the challenged material in evidence would be an abuse of process; (e) the challenged material includes irrelevant material; (f) any probative value of the challenged material is outweighed by the risk that it will have an unfair prejudicial effect and needlessly prolong the proceedings;9 and (g) the briefs of evidence of Mr Campbell and Ms Ngata include opinions but do...

3. [2021] NZEmpC 100 Alkazaz v Enterprise IT Ltd [pdf, 242 KB]

   ...argues that this correspondence is also relevant to establish the psychological impact he suffered from alleged damage to his reputation. [14] I disagree with Mr AlKazaz. Paragraph 26 and exhibit 9 are not relevant. They are not probative or material to any of the grounds relied on in his application. They do not tend to prove (or disprove) anything in it.12 The letter and emails show attempts to settle an employment relationship problem but all of the correspondence...

4. [2025] NZEmpC 113 Faitala and Vea v The Pacific Island Business Development Trust [pdf, 213 KB]

   ...stage, will be relevant only to the challenge to the Authority’s decision not to award penalties. In the exercise of the statutory jurisdiction under ss 189 and 221(d), this limited relevance is a significant factor to be weighed in balancing the probative and prejudicial factors associated with the disclosure of documents and the overall interests of justice. [29] The Court has proceeded to determine whether the listed documents for which the Trust claims privilege are disclosab...

5. Justice Sector prison population forecast March 2010 update [pdf, 549 KB]

   ...variability. This graph is an example of this fact – the much more numerous short sentences (lower line) are very stable. 24 25 F: Non-custodial sentences Projections are made for ‘starts’ in the following Community Probation Service supervised sentences and orders: Home Detention Community Detention Intensive Supervision Supervision Community Work Parole Release on Conditions The data for a number of these outcomes are problematic for...

6. Martin - Estate of Jackie Te Ratu Tio - (2013) 305 Aotea MB 1 (305 AOT 1) [pdf, 126 KB]

   ...However Mrs Martin would still have been excluded as she is not a legal child of Tiaki Tio. [25] Section 117(3)(b) also does not apply as Jackie Tio’s father Tiaki received his interests not by will but by arrangement of the Court. 11 No probate of the will was granted and the Court determined entitlement that was in variation with the terms of the will. [26] In summary, it appears that s117(3)(a) – (c) does not apply. Therefore entitlement should be determined in accordanc...

7. Larsen - Estate of Tanumi Reti (2014) 88 Taitokerau MB 273 (88 TTK 273) [pdf, 114 KB]

   ...and 219 of Te Ture Whenua Māori Act 1993 (“the Act”) in respect of the larger block. [4] The original application concerned the longstanding estate of the late Tanumi Reti I who died on 30 April 1964 leaving a will dated 3 February 1964. Probate was granted by this Court on 27 August 1964 in favour of Tanumi’s two sons, Amos and Cook Reti, as executors of the will. 2 The will provided for Tanumi’s two blocks of General land (CFR NA705/227 (“the smaller block”) and...

8. Update to Minister on offenders deported to New Zealand [pdf, 240 KB]

   ...offender is asked to voluntarily provide a DNA sample and fingerprints. Police has no formal authority over the deported offender and any information collected relies on the offender’s co-operation. 17. Some deported offenders contact the Community Probation Service or local police in New Zealand, which implement informal supervision and monitoring arrangements. Some offenders contact the Prisoners Aid and Rehabilitation Society (a community organisation) for support. 18. By compar...

9. MacFarlane v Trustees of the K & T MacFarlane Whanau Trust [2014] Chief Judge’s MB 127 (2014 CJ 127) [pdf, 148 KB]

   ...the Death Certificate for Tira Kahurangi MacFarlane; g) A copy of the application for succession to Ken MacFarlane, filed by Barbara MacFarlane, which includes: i. A copy of the Death Certificate for Kenneth MacFarlane; ii. A copy of the Probate dated 1 March 2005; and iii. A copy of the Will dated 2 December 2004 Details of subsequent Orders affecting lands to which application relates 10. On 3 November 2005 at 182 Napier MB 161-162, succession was made to the interes...

10. AAQ Ltd v ZZJ, ZZK and ZZL [2013] NZDT 13 (16 April 2010) [pdf, 84 KB]

    ...diesel they had purchased was contaminated because another person had allegedly purchased contaminated diesel two weeks later from the same service station. This evidence was relevant, but it was prejudicial to the respondents and of limited probative value. The respondents accepted that two vehicles had been affected, but exactly what occurred was never established. I have disregarded this event in determining whether the applicants have established their claim on the balance...