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1. 6.1 Court information vs Ministry of Justice information

   ...relating to particular cases Information held by the Ministry of Justice in hard copy form, or on the Ministry’s data sets or databases, for the purpose of assisting with the management of court proceedings 4 Electronic records of hearings   Ministry of Justice information Item Category Description 1 Separate or collated administrative information and statistics taken primarily from case management systems to enable the ministry to efficiently budget, plan, and a...

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   6. 6.0 Access to court information

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. [2007] NZEmpC WC 34/07 Crook v Sovereign Services Ltd [pdf, 76 KB]

   ...these contractual obligations. In particular, an assessment of the foreseeability of harm and its risk must take account of the current state of knowledge and not be made with the benefit of hindsight. Relevant to this assessment is the size and resources of the employer. As Miss Buckett submitted, Sovereign is a large commercial business with a human resources department and is in the business of providing risk assessment to others....

5. [2009] NZEmpC AC 31/09 Ora Ltd v Kirkley [pdf, 80 KB]

   ...private institution funded by the Te Wananga O Aotearoa and its business was educating immigrants through settlement programmes it ran. Mrs Kirkley’s responsibilities included internal administration, finance, information technology, and human resources. She was part of the management team. In the first 18 months the plaintiff enrolled some 1,000 students. The student role started to drop off early in 2005. Towards the end of that year the managing director, Rob Pickstock, re...

6. International Covenant on Civil and Political Rights - summary record 4th report [pdf, 51 KB]

   ...laws in New Zealand protected Maori culture and customary practices. Examples were the Treaty of Waitangi (Fisheries Claims) Settlement Act of 1992, providing for the recognition and protection of non-commercial customary fisheries rights, and the Resource Management Act of 1991, recognizing Maori customs in relation to natural and physical resources. In terms of common law, the courts had developed a number of requirements for the recognition of custom law, including the use of qualifie...

7. Justice Matters July 2019 [pdf, 3.5 MB]

   ...venue closest to where the case has been brought. Although the Environment Court team is based in Wellington, it oversees cases for the lower North Island between Wellington and Taupō. Most of the Environment Court’s work is underpinned by the Resource Management Act 1991. The Court largely deals with appeals about the contents of regional and district plans and appeals arising out of applications for resource consents. Consent applications may be for land use; a subdivision; a c...

8. Justice Matters - issue 15 - July 2019 [pdf, 3.5 MB]

   ...venue closest to where the case has been brought. Although the Environment Court team is based in Wellington, it oversees cases for the lower North Island between Wellington and Taupō. Most of the Environment Court’s work is underpinned by the Resource Management Act 1991. The Court largely deals with appeals about the contents of regional and district plans and appeals arising out of applications for resource consents. Consent applications may be for land use; a subdivision; a c...

9. Rātima v Sullivan - Tataraakina C (2019) 79 Tākitimu MB 103 (79 TKT 103) [pdf, 488 KB]

   ...NZLR 392 at 395 5 Willis v Barron [1902] AC 271 (HL) 6 Re Macadam v Codd [1945] 2 All ER 664, [1946] Ch 73 79 Tākitimu MB 107 substantial, that is hardly the point. Trustees are not entitled to help themselves to trust funds, property or resources without the consent of the Court. It is also well settled, that where appropriate, a trustee may make a claim for a commission for conduct that has led to an enrichment of the trust, but even in those circumstances, the Court’s ap...

10. [2021] NZREADT 52 - QH v KE, SE & Agency (14 October 2021) [pdf, 299 KB]

    ...marketing campaign. [77] In addition, QH was not in fact misled by any of the online or print listings and he always knew that the property was not residential. This was based on his own inspections and his discussions with the agents that a resource consent would be required. 4 At [31]–[32]. 13 [78] It is accepted that r 6.4 of the Professional Rules may be breached even without an intention to mislead. The highest and strictest standards in terms of the legisla...