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  1. [2021] NZEmpC 95 Concrete Structures (NZ) Ltd v Rottier [pdf, 365 KB]

    ...a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. (3) In applying the test in subsection (2), the Authority or the court must consider— (a) whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and (b) whether the employer raised the concerns that the employer had...

  2. L v EQC [2021] CEIT-2019-0036 [pdf, 411 KB]

    ...is a disparity in 3 Taylor v Asteron [2020] NZCA 354 at [109]. the information available to the parties; the insured holds all the information about the claim and has control over which information they provide. While insurers have tools and resources to investigate losses, the system necessarily requires honesty from the claimant. The development of the law of fraud in insurance is an aspect of the duty of utmost good faith, which has developed due to the risk sharing relations...

  3. Walters v Wikiriwhi - Oruanui 9 and Others [2021] Maori Appellate Court MB 102 (2021 APPEAL 102) [pdf, 350 KB]

    ...advised the Māori Trustee by email that the Trust had resolved to borrow $380,000.00. On the same day Westpac approved this sum for a term of 5 years. [15] On 4 December 2013, Mr Walters met with David Ranklior to go over the land use and resource consent applications for a shed and the subdivision of the Corrigall block. [16] On 2 December 2013, the trustees resolved to direct the Māori Trustee to complete the purchase of the Corrigall Property with the land to be retained as...

  4. Mercury NZ Ltd v Cairns - Pouakani River Bed (2022) 277 Waiariki MB 174 (277 WAR 174) [pdf, 417 KB]

    ...that it did not:34 The presumption does not arise as a necessary incident of the title obtained in the Maori Land Court unless the circumstances of the investigation indicate that the riparian owner has the riverbed. In the case of major tribal resources and natural features of value to the tribe whether the riparian owner takes title to the riverbed or lakebed requires investigation of the status of the land beyond the boundaries of the title. For these reasons, I consider the H...

  5. Elhassan v Webby [2022] NZHRRT 27 [pdf, 313 KB]

    ...and is able to make a conditional order as sought here. He submitted that if the Tribunal did not make this order, there is a real chance he will be left without access to an effective remedy in respect of the $400 bond money as he did not have the resources or expertise to enforce the Disputes Tribunal order, nor did the Office of Human Rights Proceedings have the ability to act for him to enforce that order. [76] The Tribunal refuses to make the order sought by Mr Elhassan in respect...

  6. Applying be a Legal Aid Provider Step by Step Guide [pdf, 468 KB]

    ...Queenstown) Please note that specialist courts (such as the Young Adult List and Alcohol and Other Drug Treatment Court) may require defence counsel to follow alternate processes. You must complete any applicable inductions and review any required resources before you can participate in those courts. Please refer to the Ministry of Justice website for up-to-date information about the specialist courts. Parole Board approval Parole Board approval is granted for proceedings before t...

  7. COURTS126-Lets-talk-court-booklet-2019-Print.pdf [pdf, 3.8 MB]

    ...for the sentencing. If it’s a jury trial the police should arrange for you to meet the prosecutor before the court date. The Court Victim Advisor will usually meet with you about 3 weeks before going to court and go through some court education resources with you, show you around the courtroom and explain what will happen at court. 18 | LET’S TALK COURT How will I know what I’m meant to say in court? Remember no one is allowed to tell you what to say in court. The people a...

  8. OIA-115102.pdf [pdf, 3.6 MB]

    ...Comment Impact Evidence Certainty Additional costs of the preferred option compared to taking no action Police/FSA Possible additional monitoring and enforcement costs arising from the simplified regulatory system. Increase the resource required for the regulator to work with the non-pistol ranges not affiliated to a national body to ensure the ranges operate in compliance with range standing orders. Monetisable (unquantified) Low Shooting clubs and ranges P...

  9. M v Accident Compensation Corporation (Treatment Injury) [2024] NZACC 88 [pdf, 366 KB]

    ...treatment. (2) Treatment injury does not include the following kinds of personal injury: (a) personal injury that is wholly or substantially caused by a person’s underlying health condition: (b) personal injury that is solely attributable to a resource allocation decision: (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. [65] Treatment is defined in s 33 to include, diagnosis of a person’s medical conditi...

  10. Appendix-1-Nelson-Courthouse-Initial-Seismic-Assessment-Holmes-February-2025.pdf [pdf, 1.6 MB]

    Revision 4 3 February 2025 146654.60 Australia Netherlands New Zealand USA Initial Seismic Assessment Ministry of Justice - Nelson Courthouse 200 Bridge Street Nelson Initial Seismic Assessment Report Level 2, 254 Montreal Street Christchurch Central PO Box 6718 Christchurch 8442 holmesanz.com Initial Seismic Assessment Report Nelson Courthouse ISA Prepared For: The Ministry of Justice Date: 3 February 2025 Project No: 1