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1. 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...

2. Rec-Recap-2022-Q4-FINAL.pdf [pdf, 931 KB]

   ...clear indication of the hazard targeted by the sign. It said “check before you swim” but did not identify the specific hazards, such as rip currents or inshore holes, for which the reader ought to be checking. The text below that, referencing resources to check water quality, confused any safety messaging in that it suggested the reader ought to be alert to issues about water quality rather than dangerous sea conditions. The text was in varying sizes and the layout was cluttered bec...

3. McElroy & Ors as Trustees of the Shona and Roger McElroy Family Trust v Lay [pdf, 284 KB]

   ...Unit 5 17-Jan-03 WHRS claim lodged by McElroy Family Trust 25-Apr-03 WHRS Assessor only visit to Unit 5 16-May-03 WHRS Assessor’s report 16-Jul-03 McElroys advised ACC and Mr Manning that remedial work to commence 17-Jul-03 Application for Resource Consent – repairs Unit 5 (AC/03/03384) 17-Jul-03 Application for Building Consent – repairs Unit 5 (AC/03/05179) 23-Sep-03 Builder started work on remedials on Unit 5 12-Mar-04 Builder substantially complete on Unit 5 23-M...

4. 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...

5. 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...

6. 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...

7. 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....

8. 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...

9. 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...

10. BORA Ngāti Manawa and Ngāti Whare Claims Settlement Bill [pdf, 290 KB]

    ...redress, including the ability to purchase certain commercial properties, [2] in settlement of historical claims. The Bill also provides claimants with various associated rights in respect of culturally significant matters, including participation in resource management and related decision- making affecting areas and rivers with which Ngāti Manawa and Ngāti Whare have a special association. Issue under ss 20 and 27(2) 3. Clauses 13 [3] and 143 [4] of the Bill state that the settleme...