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1. Proactive release - Improving the justice response to victims of sexual violence [pdf, 7.7 MB]

   ...agreement to this proposal will be subject to Budget 2019 decisions. I note the 2019 Report did not recommend applying these reforms to propensity witnesses. The Report noted submitters did not strongly support legislative change, and that limited resources should be directed toward complainants at first instance. However, I consider on principle that propensity witnesses should benefit from these reforms. Recording of evidence for re-trial 34. Subject to Budget decisions, I also propo...

2. [2023] NZEnvC 093 CEP Services Matauwhi Limited v Northland Regional Council [pdf, 7 MB]

   pNRP – Topic 1 IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 093 IN THE MATTER OF appeals under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN CEP SERVICES MATAUWHI LIMITED (ENV-2019-AKL-000111) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2019-AKL-000127) Appellants AND NORTHLAND REGIONAL COUNCIL Respondent Court: Judge J A Smith sitting a...

3. NZCVS 2023 Cycle 6 Perceptions of safety [xlsx, 99 KB]

   ...sample and a Māori booster sample that aimed to increase sample size for Māori. Information on the number of interviews completed from each sample is provided below. Refer to the NZCVS methodology report for further details about the survey, found at resources and results. NZCVS sample time periods and sample composition Period of data collection Time period covered by data Main sample size (response rate) Māori booster sample size (response rate) Total sample size (response...

4. Guardianship, custody & access: Māori perspectives and experiences [pdf, 627 KB]

   ...difficult for whänau to understand and cope with. It is also clear that while many whänau are cognizant of their ongoing kinship obligations, that these obligations are at times a source of stress and concern, particularly where whänau lack financial resources. While the information needs outlined below set the general parameters for the dialogue with participants, the participants themselves had their own ideas about what the salient features of their experience were. The case profiles a...

5. CAC 10047 v Whiteford - Penalty [2011] NZREADT 16 [pdf, 145 KB]

   ...suspension of licence towards the lower end. The Tribunal is however constrained by the facts that firstly the defendant is no longer working as an agent so any order affecting his licence would be an idle exercise and secondly his limited financial resources. 1 [2009] 1 NZLR 1 4 [20] Accordingly the defendant is fined $4,000 and ordered to pay Mr Toluono $450. [21] In accordance with s 113 of the Act the Tribunal advises the par...

6. Practice note: Children's supervised contact [pdf, 110 KB]

   ...proposed supervised contact arrangements; (d) the appropriate level of contact for the individual child and the availability of the provider; (e) the level of vigilance required for supervision; and (f) whether the provider has the capacity and resources to provide the level of supervision required. 4.4 The provider will supply the Court with a report upon completion of the assessment. The report will indicate whether the provider: (a) accepts the original referral from the Cour...

7. New Zealand Law Society v Hall [2014] NZLCDT 17 [pdf, 72 KB]

   ...assessment. [15] Finally Ms Cull has submitted that the undue publicity attracted to this case has been detrimental to the practitioner and her professional reputation. We consider that unless this is pleaded to support a submission of depletion of resources to the extent where the practitioner cannot afford costs, that it is otherwise not relevant to a costs assessment. Decision [a] We do not consider there ought to be any award of costs pursuant under s.249 in the overall cir...

8. NZ government response to Law Commission report [pdf, 78 KB]

   ...recommendations and report back. Once this work is completed, the Government will form a final view on all of the Law Commission’s recommendations. Because of the significant number of substantive recommendations, this work will take considerable project resources and the timing for the report back and a new Trusts Act will need to be balanced alongside other competing Government priorities. 3 Recommendations 50 and 51....

9. Eaglesome v Department of Corrections (Referral back to Human Rights Commission) [2015] NZHRRT 26 [pdf, 43 KB]

   ...back to the Commission will not contribute constructively to resolving the complaint. [9] As to s 92(1)(b)(ii), proceedings before the Tribunal are plainly intended to be a last resort. Mediation is more efficient, informal and cost-effective. The resources of the Tribunal should not be drawn on unless it can be shown that attempts to resolve the complaint through mediation will be futile. It is to be remembered that the Tribunal sits as a panel of three. Care must be taken to avoid...

10. Byrnes v MSD & Call Centre People (Referral back to Human Rights Commission) [2015] NZHRRT 30 [pdf, 44 KB]

    ...to the Commission will not contribute constructively to resolving the complaint. [10] As to s 92(1)(b)(ii), proceedings before the Tribunal are plainly intended to be a last resort. Mediation is more efficient, informal and cost-effective. The resources of the Tribunal should not be drawn on unless it can be shown that attempts to resolve the complaint through mediation will be futile. It is to be remembered that the Tribunal sits as a panel of three. Care must be taken to avoid unne...