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1. [2015] NZSSAA 033, 12 May [pdf, 45 KB]

   ...immediate need is to be identified. In particular, it provides that the Chief Executive must have regard to the effect on the beneficiary or any dependent child if the need is not met and the beneficiary’s ability to meet the need from their own resources. [25] The appellant suffers from a condition which seriously affects his mobility. Not having a motor vehicle would also impact on his wife and the children living in his household. In particular, we note the need for the appell...

2. [2014] NZEmpC 160 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 75 KB]

   ...LSG, is entitled to the prompt and efficient disposal of litigation to which it is an unwilling but essential party. The plaintiff’s propositions would not achieve that objective. Similar considerations apply to the application of scarce court resources although the touchstone must always be the need to do justice between the parties. [22] In addition to the foregoing, Ms Douglas has submitted that s 179(5) precludes Ms Alim from challenging the Authority’s non-recusal determin...

3. Moses – Hopuruahine East & 12 other blocks (2014) 37 Tairawhiti MB 238 (37 TRW 238) [pdf, 125 KB]

   ...supporting affidavits were filed for Tūhoe Te Uru Taumatua and Tūhoe Waikaremoana Māori Trust Board. Counsel for the Tūhoe Te Uru Taumatua requested an adjournment but that request was declined based upon the considerable amount of time and resources expended on the matter including sending out direct notice and publishing notice in national and local newspapers. I further note that there were no sufficient grounds provided to grant the adjournment. 37 Tairawhiti MB 242...

4. Auckland Standards Committee v Rohde [2016] NZLCDT 9 [pdf, 34 KB]

   ...of a third drink-driving offence and driving while disqualified. He had behaved responsibly when apprehended. After consideration of the same three cases, and allowing for his obligations to clients in the specialised and (professionally) under-resourced area of law, he was suspended for 2 months. Having regard to the additional conviction in the Pou case, and the mitigating features in the present case, we are comfortable that the penalty imposed on Mr Rohde is not inconsistent....

5. BR v EP LCRO 008/2012 (3 September 2014) [pdf, 42 KB]

   ...that objective is the need to ensure that complainants are not discouraged from pursuing complaints 7 from concern that they will face costs awards in the event that their review is unsuccessful. [44] This is not to sanction abuse of the resources of this office, or to underestimate the distress, inconvenience and on occasions expense that practitioners may face when responding to complaints, but rather to emphasise that in this particular case I did not consider that ther...

6. Nicholls v Trustees of WT Nicholls Trust [2014] Māori Appellate Court MB 2 (2014 APPEAL 2) [pdf, 156 KB]

   ...the event. In our view it is now appropriate for this Court to exercise its discretion to award costs. Quantum [11] The starting point for costs is a reasonable contribution to costs actually incurred; that should at least reflect the time and resources the respondents have given to responding to the appeals and their degree of success. 2 60 Waikato Maniapoto MB 134-138 at 137, 138 2014 Māori Appellate Court MB 8 [12]...

7. Charters v Rika - Arataua 4C [2018] Māori Appellate Court MB 142 (2018 APPEAL 142) [pdf, 289 KB]

   ...circumstances, and will also need to pass the tests of credibility and cogency. (c) While a balancing of the interests of the applicant and opposing parties is required, the aim is to ensure that parties put their best case at trial and that the public resources of the Court system are not wasted. [10] The evidence produced by Mr Charters was reasonably obtainable and could have been put before the Lower Court given that Mr Charters clearly knew the meeting to elect new trustees wa...

8. BORA Taxation (Annual Rates, GST, Trans-Tasman Imputation and Miscellaneous Provision) Bill [pdf, 49 KB]

   ...proposed new subpart ES is intended to combat aggressive tax arrangements that provide taxpayers with excessive tax advantages. The consequences of such arrangements include a loss of revenue to the government, [4] an inefficient use of IRD's resources and individual investors in these arrangements can be exposed to unexpected interest and penalties on any resulting unpaid tax. By providing greater certainty as to the application of tax laws, the proposed new subpart is expected to...

9. BORA The Attorney-General's Reporting Function under Section 7 of the New Zealand Bill of Rights Act [pdf, 315 KB]

   ...have been issued relate to provisions that were found to be unjustifiably discriminatory (section 19 BORA). This is not surprising given that macro-economic policies are by their very nature discriminatory (i.e. they concern the allocation of scarce resources). However, we do not expect this trend to continue for the following reasons: • A number of provisions used relationship terminology that was defined in another piece of legislation in an unjustified discriminatory way. Many of th...

10. YCAP - action planning presentation [pdf, 1.2 MB]

    ...implementation phases. We should: •Involve iwi/ hapū, community groups and interested individuals when coming up with solutions •Try to involve people who are influential in our community, those with good networks and those with access to resources in the community •Try to inspire people to help develop our solutions and put them into practice •Try to involve hard-to-reach communities (minority groups such as immigrant communities, socio-economically disadvantaged groups...