Search Results

1. [2013] NZEmpC 152 The Salad Bowl Ltd v Howe-Thornley [pdf, 243 KB]

   ...sections as the Authority appears to have found. But ss 67A and 67B are not the only statutory provisions relevant to a work trial. [40] The legislative scheme for employment trials is discernible by considering ss 66 (fixed term employment), 67 (probationary periods) and 67A together. An initial prerequisite for the application of each of these sections is an employment relationship of employer and employee. At its simplest and chronologically earliest stage, one becom...

2. Retemeyer v Loloa - Estate of Tahuaka Waipouri (2016) 129 Taitokerau MB 288 (129 TTK 288) [pdf, 363 KB]

   ...interests. 129 Taitokerau MB 291 [7] Waipipi Lot 358A (the Waipipi block) is located near Waiuku. It is also accepted that Ngāti Te Ata is the hapū that associates with the Waipipi block. [8] Tahuaka left a will dated 1 September 1978. Probate has not been sought. Clauses 3 and 4 of the will state: 3. I GIVE DEVISE AND BEQUEATH all of my shares in the Proprietors of Taharoa C Block unto my Trustee UPON TRUST to divide the same into two equal lots and to distribute s...

3. [2021] NZREADT 19 - Moseley v The Real Estate Agents Authority & Smith (29 April 2021) [pdf, 355 KB]

   ...depict the condition of the property as seen by Mr Smith when he was marketing the property. In particular, there is no suggestion that the carpet was taken up when the property was marketed, so photographs of the floor under the carpet are not probative for the purposes of the appeal. We also accept that the photographs would not have an important influence on the outcome. For those reasons, leave is not given for the six photographs to be submitted on appeal. Was the Committee...

4. Miscarriage of justice - Scott Watson - K McDonald's supplementary advice March 2013 [pdf, 349 KB]

   ...issue is that the reconstruction evidence which has been submitted in support of this application is unlikely to be admissible in the Court of Appeal. If I am wrong about that and it was admitted, I do not accept it would have the relevance and probative value suggested by Mr Watson's advisers unless the Court could be satisfied that all of the conditions (wind, tides etc) which applied on 1 January 1998 had been replicated at the time of the reconstructed trip on Blade. The...

5. [2019] NZEnvC 199 SKP Incorporated v Auckland Council [pdf, 7.9 MB]

   ...We note that the SKP application for rehearing60 asserts that the Trust Board "strongly opposes" the marina. While we can be sure that Mr Roebeck holds strong views to that effect, we find that we have been offered no evidence, let alone probative evidence about the position of the Trust Board, with reasons. Leaving aside that in any event no person has a right of veto over an application under the RMA61 , decision-making under the RMA must be evidence-based. We consider it...

6. [2021] NZACC 135–NT v ACC (10 August 2021) [pdf, 285 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 135 ACR 25/14 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN NT Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers. Held at: Auckland/Tāmaki Makaurau Appearances: The appellant is self-represented H Peart as Amicus Curiae F Becroft for the responden

7. [2022] NZACC 32– CJ v ACC (9 March 2022) [pdf, 271 KB]

   ...personality disorder. [38] Dr Collier noted that, on the available documentation, the appellant had a lifelong history of providing misleading information, difficult relationships, particularly with authority figures (such as the Corporation, Police, Probation, and Mental Health Services), and he had the habit of engaging in litigious practices when he perceived injustices. Dr Collier concluded that the issue appeared to be one of symptom validity and recommended that the Corporati...

8. IPT Practice Note 3/2023 Residence [pdf, 422 KB]

   ...refuse to issue or will set aside a summons where it is satisfied that it is proper to do so. Without limiting the circumstances, the Tribunal will do so where the evidence does not establish that the intended witness is able to give relevant or probative evidence; where there has been an abuse of process; where the summons was irregularly obtained or issued; and where the summons was taken out for a collateral motive or is oppressive. 17. ADJOURNMENTS [17.1] The granting of an...

9. Family violence & the pro-arrest policy: a literature review [pdf, 214 KB]

   Family violence and the pro-arrest policy: a literature review Prepared for the Ministry of Justice by Dr Sue Carswell 2 DISCLAIMER This research was commissioned by the Ministry of Justice. The report has been prepared by the author and the views expressed in it are those of the author and do not necessarily represent the views of the Ministry of Justice. First published in October 2006 by the Ministry of Justice PO Box 180 Wellington New Zealand © Crown Copyright ISBN 0-478-29

10. People remanded on bail or at large and offending on bail or at large June 2022 [xlsx, 278 KB]

    Contents People remanded on bail or at large, and offending while on bail or at large This includes information on: - people remanded on 'bail' (including 'EM bail') or 'at large' - offences committed while on 'bail' or 'at large' - people offending on 'bail' or 'at large' - people who failed to answer bail. Contents: Number of people on bail or at large Table 1: Number and percentage of people on bail or at l