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1. BORA Corrections Bill [pdf, 107 KB]

   ...7. We also considered clause 69(3) of the Bill. Clause 69(3) provides that prisoners held in police jails may be denied 1 or more of the minimum entitlements provided for under clause 69 of the Bill having regard to the facilities available and resources at the police jail. A person sentenced to imprisonment can only be detained in a prison jail for a specified period of time (clauses 34(5)) or purpose (clause 64). We consider that clause 69(3) can be read consistently with sections 9 a...

2. BORA Christ Church Cathedral Reinstatement Bill [pdf, 216 KB]

   ...extend any provision of certain enactments (and any plan, programme, bylaw or rule made under the enactments) to facilitate the reinstatement of the Christ Church Cathedral (‘the Cathedral’). The enactments specified in the draft Bill are: a. the Resource Management Act 1991, and b. the Heritage New Zealand Pouhere Taonga Act 2014. 5. The Bill appears to impose a limitation on the right to apply for judicial review affirmed in s 27(2) of the Bill of Rights Act. Specifically, cl 22...

3. Regulatory Impact Statement: Identifying offenders attempting to unlawfully leave New Zealand [pdf, 109 KB]

   ...2 The Corrections Act 2004 already provides the authority at issue in this paper to obtain biometric information and was used in the case of prisoner Phillip John Smith/Traynor. 3 This means the regulatory options would have little or no direct resource implications for border control agencies. Executive summary 1. Offenders under the supervision of a probation officer in the community are expected to remain in New Zealand for the purpose of complying with any directions of...

4. Katu v Peni - Tiroa E and Te Hape B Trusts (2016) 126 Waikato Maniapoto MB 215 (126 WMN 215) [pdf, 185 KB]

   ...creditors and beneficiaries. The land-owners supported the application and Mr Peni’s conduct in bringing his own proceedings to remove four other trustees contributed to the litigious nature of the proceedings by adding to the time, energy and resources expended in the litigation. Mr Katu paid for his own legal costs in respect to this matter. Therefore the respondent should pay for his own legal costs. [19] Mr Katu submits that overall the proceedings brought by the applicant have...

5. Paraone-Kawiti v Maori Trustee - Pukahakaha East 5B [2013] Chief Judge's MB 354 (2013 CJ 354) [pdf, 203 KB]

   ...a person beneficially entitled to the property of this trust; (iii) The application made by the applicant is of benefit to other persons beneficially entitled under this Trust; 2013 Chief Judge's MB 360 (iv) The Trust has sufficient resources to do so; (v) The Court has done so in this matter before;4 (vi) Notwithstanding that the Chief Judge has already directed that such applications are made to the Milori Land Court, this proceeding has by adjournment been further de...

6. [2017] NZEmpC 163 Briscoe v Oceania Dairy Ltd [pdf, 192 KB]

   ...Health and Safety Advisor by Oceania. She started work in March 2014 and on 1 February 2016 agreed to vary her individual employment agreement. The result was an alteration to her reporting lines within the company, so she reported to the Human Resources Manager who, at all relevant times, was Karen Treloar. [5] Several allegations were made to support the claim that Ms Briscoe had been unjustifiably disadvantaged in her employment. Those allegations were, generally, that she was...

7. Morgan v Accident Compensation Corporation [2018] NZACA 2 [pdf, 151 KB]

   ...order to grant leave, there must be “some interest, public or private, of sufficient importance to outweigh the delay and cost of a further appeal”.4 [28] In exercising its discretion, the Authority is mindful of the proper use of the scarce resources of the High Court. Leave is not given as a matter of course. It is for the applicant to show that the interests of justice require that leave be given.5 ASSESSMENT [29] A slight variation in the previously given narrative is note...

8. Parata v Lake - Ngarara West B3B (2004) 144 Aotea MB 105 (144 AOT 105) [pdf, 557 KB]

   ...19(1)(b). In so doing I have taken into account the likelihood of an application for rehearing or the filing of a fi-esh application for injunction no\v that the section 45 application has been filed, and the use of the Couti's and the parties' resources V\Tere either event to occur. HOV\Tever, for fhture reference counsel should note that the Court is unlikely to be as aCC0111m odating. Disputes concerning this Land are not ne\v. J\,1y reserved decision tenl1inating the trust...

9. Wawatai - Estate of Akutini Wawatai (2001) 150 Gisborne MB 38 (150 GIS 38) [pdf, 1.3 MB]

   ...matters. (c) No list could ever be exhaustive but the indicia include the extent to which there is a sharing of one dwelling as each party's principal place of residence, emotional dependence and support, the pooling of labour and financial resources, the sharing of household activities, the provision of domestic services, the provision of financial assistance, the sharing of one bedroom, the sharing of a sexual relationship, the sharing of companionship, leisure and social activit...

10. Attorney General - Marlborough Sounds (1998) 5 Te Waipounamu Appellate MB 3 (5 APTW 3) [pdf, 265 KB]

    ...evidence available to the Court determining tbe question at that time. The Solicitor-General on behalf of the Crown at paragraph 39 of his submission submitted that the question at stake raised fundamental issues as to the ownership of New Zealand resources and the status of customary law in New Zealand and went on to say: "It is important that these issues be examined by the highest Courts in New Zealand, drawing on both the common law and international law. Once those Court...