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1. [2009] NZEmpC AC 20/09 Allen v Transpacific Industries Group Ltd t/a Medismart Ltd [pdf, 101 KB]

   ...assumptions about Mr Allen’s actions that it did not check with him or others, applied irrelevant considerations to its conclusion of fraudulent conduct, and, although confirming its suspicions about organised employee fraud, so concluded without probative evidence and indeed contrary to evidence that it ignored. [46] The employer cannot be criticised for being concerned about losses of productivity and increasing wage costs. Nor can it be criticised for suspecting that one of...

2. [2015] NZEmpC 138 NZ Meat Workers Union Inc v South Pacific Meats Ltd and Talley [pdf, 415 KB]

   ...are present in the employment regime. Mr Churchman submitted that it is very difficult to establish breaches of the Act that expose a party to penalty liability, in this matter for breach of s 20 of the Act, given that he said that “[t]he most probative information will often be what was said or directed by directors to managers regarding the issue before the Authority”. [51] I do not accept that assertion, either in this case or generally in employment cases. Here, the Union...

3. Andrews v Commissioner of Police [2013] NZHRRT 6 [pdf, 121 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 6 Reference No. HRRT 009/2012 UNDER THE PRIVACY ACT 1993 BETWEEN SHANNON RICHARD ANDREWS PLAINTIFF AND COMMISSIONER OF POLICE DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Mr RK Musuku, Member Mr BK Neeson, Member REPRESENTATION: Mr SR Andrews in person Mr DJ Perkins and Ms S McKenzie for Defendant Ms K Evans and Ms S Thompson for Privacy Commissioner DA

4. Proactive release - Prisoner Voting [pdf, 2 MB]

   ...overcome the effects of removing sentenced prisoners from the electoral roll. 9gxv4z1bpw 2019-11-19 10:16:34 RE LE AS ED B Y TH E MIN IS TE R OF JU ST IC E 9 58. The Electoral Commission is working closely with Corrections’ Probation services to reach people on probation and conditional release where Corrections is likely to be providing support services. This is being expanded with a pilot in Auckland and Northland where the Electoral Commission will be pilotin...

5. The use of imprisonment in New Zealand [pdf, 1.1 MB]

   ...imprisonment, and vice-versa. However, quite the opposite is revealed by the facts. In Australia the high imprisoning jurisdictions – New South Wales, Western Australia, South Australia, Northern Territory – also have the highest rates for the use of probation and community service orders. Conversely, the low imprisoning jurisdictions, Tasmania and Victoria, have the lowest rates for the use of non-custodial or community-based penalties. 24 In New Zealand a high rate of impr...

6. [2021] NZEnvC 184 Tasman District Council v Awaroa Aerodrome Ltd [pdf, 1 MB]

   ...the quanying was unlawful especially given the punitive consequences of a declaration to that effect. Nevertheless, if Saddle Views wishes to rely on one of the exceptions stated at s 9(3) then it bears the evidential burden of placing sufficient probative evidence before the Court to raise the reasonable possibility of the existence of a consent and its terms. It follows from this that provided there was probative evidence of this kind, it was for the Council to satisfy the Court o...

7. 2019 Directory of Official Information A-C [pdf, 1.3 MB]

   Directory of Official Information Listings A-C Author Version number Date About This is a living document; we endeavour to update it whenever there are changes to be made. If your department or agency’s information is out of date, please email official.correspondence@justice.govt.nz with the necessary amendments –we can send you a MS Word version if you need. official.correspondence@justice.govt.nz Ministerial Services Strategy, Governance &

8. Case studies from evaluation of court-referred restorative justice pilot [pdf, 791 KB]

   ...those present, acknowledging the Pacific Island custom of beginning with a prayer or poem. He called for a volunteer and Kura offered to say a prayer. Joe noted that apologies for not attending the conference had been received from the police and the probation officer, and that Tama’s lawyer was not going to attend. He then thanked everyone for attending, noting the purpose of the conference as being to put things right with the support of the offender’s family. The ground-rules wer...

9. Delivering better public services: reducing crime & reoffending result action plan [pdf, 500 KB]

   ...in the re-offending rate • Expand alcohol and drug treatment for offenders in prison and the community. • Expand rehabilitation programmes that are proven to reduce re-offending. • Enhance rehabilitation services provided directly by probation officers for offenders on community sentences. • Deliver rehabilitation in partnership with iwi and community groups and contract for results. • Implement working prisons and increase prisoners’ participation in education and...

10. Tainui - Arahura No 2A (2015) 30 Te Waipounamu MB 168 (30 TWP 168) [pdf, 209 KB]

    ...owner in the block at the time of his death in 2003, although he was a member of the hapū of the area, Kati Waewae, and was a trustee in the Malta Tainui Whānau Trust which holds an interest in the block. [5] George left a will for which probate was granted by the High Court in Greymouth on 27 May 2003. The will provided for succession to George’s land interests by giving a life interest to his wife, with the remaindermen being his eight children. Mrs Tainui is the sole bene...