Search Results

1. Paul v Doorbar - Pukepapa 3 (2020) 414 Aotea MB 16 (414 AOT 16) [pdf, 218 KB]

   ...tasks for the trust, it is ultimately the trustees who are responsible and accountable to the beneficiaries for their conduct. From time to time, marae reservations have in effect delegated responsibility for the management of their lands and resources not to trustees but to 8 (2009) 34 Gisborne Appellate MB 230 (34 APGS 23) 9 Perenara v Pryor – Matata 930 (2004) 10 Waiariki Appellate MB 233 (10 AP 233) 10 (2018) 38...

2. [2022] NZEmpC 89 Bay of Plenty District Health Board v CultureSafe New Zealand Ltd [pdf, 299 KB]

   ...DHB’s motivation is in bringing the proceeding, reference is made to an overseas phenomena of “strategic litigation against public participation” which is outlawed, he says, because it gives wealthy parties an advantage by exhausting the resources of less wealthy parties. [16] Mr Halse goes on to dispute the way in which the Authority performs its role and submits that the Court has effectively supported its approach, which has “progressively disabled” the dispute resol...

3. Erwood v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 92 [pdf, 283 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . Judge McGuire’s judgment [36] Judge McGuire stated that the ultimate issue for de...

4. [2023] NZEmpC 170 FGH v RST [pdf, 283 KB]

   ...appeared to leave open the option of mediation. It was his view that without an authoritative resolution of the central legal question by objective arbitration, bare mediation was unlikely to have any reasonable prospects of success and would waste resources. [39] For the purposes of reg 68, Mr Henderson submitted that this was an “offer to settle” under reg 68(1), which would have had the effect of containing, by avoidance, all the legal costs now being sought. He also submit...

5. [2024] NZEmpC 29 E Tū Inc v New Zealand Steel Ltd [pdf, 278 KB]

   ...also Vulcan Steel Ltd v Manufacturing & Construction Workers Union [2022] NZEmpC 78, [2022] ERNZ 304 at [27]–[31]. 3 Firm PI 1 Ltd v Zurich Australian Insurance Ltd [2014] NZSC 147, [2015] 1 NZLR 432 at [60]– [63]; and affirmed in Bathurst Resources Ltd v L&M Coal Holdings Ltd [2021] NZSC 85, [2021] 1 NZLR 696 at [43]–[46], [232]–[233] and [250]. [17] It is, however, also relevant that collective agreements are not contracts and nor are they commercial in the...

6. Crimes-Act-2025_Redacted.pdf [pdf, 591 KB]

   ...Indicators Summary Report. June 2024. Wellington: Ministry of Justice. 8 Sections 22 and 23 of the New Zealand Bill of Rights Act 1990. 6 I N C O N F I D E N C E a5j9hdc3yg 2025-03-17 16:41:44 S9(2)(f)(iv) I N C O N F I D E N C E Use of External Resources 42 The Ministerial Advisory Group for Victims of Retail Crime contributed to the preparation of the policy advice in this paper. This comes within the scope of the work that Cabinet agreed the Advisory Group would engage in and...

7. Christchurch Youth Drug Court pilot: One-year follow-up study [pdf, 595 KB]

   ...considered to be: the consistency of the Judge, the strong multidisciplinary team approach, and interagency coordination. However, a number of concerns were expressed or suggestions made for improvement. These included: the need to more effectively address resourcing issues, including service gaps; concern for victim rights in the YDC process; and ensuring accountability of young people for their offending. The second phase of the evaluation, the subject of this report, is a follow-up assess...

8. Review of community-based sentences in New Zealand [pdf, 1.4 MB]

   ...The main reasons behind the low usage of the sentence seemed to be directly related to the low number of recommendations for the sentence from probation officers to the judiciary. Factors that may have influenced this low uptake included a lack of resources (including funding); the time involved in organising programmes for offenders; conflicting perceptions of sentence objectives among judges, probation officers and sponsors; and the availability of sponsors.  the controls placed...

9. Regulatory Impact Statement 2010 Alcohol Reform [pdf, 918 KB]

   1 ALCOHOL REFORM 2010: REGULATORY IMPACT STATEMENT Contents AGENCY DISCLOSURE STATEMENT ................................................................................................. 2 EXECUTIVE SUMMARY ....................................................................................................................... 3 INDICATIVE IMPACT ASSESSMENT ................................................................................................... 4 PART 1 – ALCOHOL IN NEW

10. [2009] NZEmpC AC 52/09 Corrections Assn of NZ v CE of the Department of Corrections [pdf, 135 KB]

    ...dealing with proposed changes to operating capacity at the site manager’s site or institution. If a site manager considers that there should be a variation to the site’s operating capacity, he or she must advise both the Department’s human resources section and the National Secretary of the union. Included in the “National Procedure” is a requirement that: When new accommodation and facilities are to be built, early consultation is required. CANZ will be given the oppo...