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1. BORA Health (Fluoridation of Drinking Water) Amendment Bill [pdf, 178 KB]

   ...fluoridation were to be considered medical treatment, the benefits of fluoridation are sufficiently important to justify curtailment of the right to refuse medical treatment. Additionally, the Court stated that water fluoridation is a proportionate response to the objective of preventing tooth decay and improving oral health. 4 11. Similarly, we do not consider fluoridation to be medical treatment. However, even if it was, we consider that any limitation of the right to refuse medical...

2. Ututaonga - Estate of Maraea Ututaonga (2019) 199 Taitokerau MB 281 (199 TTK 281) [pdf, 72 KB]

   ...relative; (b) The process of whāngai normally involve taking a child at birth or in early infancy and raising it with its whāngai parent or parents until the whāngai marries; (c) If there were no relatives and the whāngai assumed the responsibilities of caring for the adoptive parents till old age then the whāngai would receive the whole of the interest of the matua whāngai. [8] In Milner v Milner Dr Hirini Mead gave the following evidence concerning tamaiti whān...

3. CNI Iwi Land Management Limited.PDF [PDF, 150 KB]

   ...Appeal).1 Nature of interest 3. CNI made a submission and further submission on Plan Change 1. 4. CNI has appealed the PC 1 Decision (ENV-2020-AKL-103). 5. CNI has an interest in the proceedings that is greater than the general public: (a) CNI is responsible for the day to day management of over 170,000 hectares of land that was returned to CNI Iwi Holdings Trust pursuant to the Central North Island Iwi Collective Claims Settlement Act 2008. (b) In this capacity, CNI is land...

4. Enforcement of compliance notice - reply (s130) [pdf, 206 KB]

   ...- Reply When to use this form Use this form if you are named by the Privacy Commissioner as a defendant in proceedings for the enforcement of a compliance notice under section 130 of the Privacy Act 2020 and you wish to file a ‘Reply’ in response to these proceedings. Completing this form • Print clearly in CAPITALS. Use a black pen or blue pen when completing this form. • Please file four physical copies of this ‘Reply’, by posting or by handing them in to the Secretary o...

5. [2019] NZSSAA 21 (20 March 2019) [pdf, 128 KB]

   ...demonstrable costs incurred in bringing this appeal. 5 [21] The appellant is to file by 18 April 2019 submissions on costs and a schedule showing the costs incurred with all evidence relied on to support the costs claimed. [22] Any response to the application for costs by the Ministry is to be filed by 10 May 2019. Dated at Wellington this 1st day of April 2019 S Pezaro Deputy Chair K Williams Member C Joe Member...

6. [2021] NZEmpC 7 Canterbury Westland Kindergarten Assoc Inc v Barnes [pdf, 167 KB]

   ...the application for a stay or the application by the Council of Trade Unions for leave to intervene. Nor do I consider it appropriate to allow the full amount in respect of preparation of the bundle of documents. The Association took on primary responsibility for the bundle and (unlike the costs allowed for in the Scale) no list of issues, agreed facts or authorities were filed. [6] I adopt a starting point of $17,325 which reflects my assessment of a reasonable time for e...

7. [2020] NZEmpC 124 Southern Taxis Ltd v A Labour Inspector [pdf, 208 KB]

   ...recognised the risk that they faced and would have made an offer to settle (because of the horrific consequences of losing the proceedings) if the Labour Inspector had not advised (through counsel) that no settlement would be contemplated. [4] In response, Ms English submitted for the Labour Inspector: a) He had been successful in all his claims relating to employment status, employment breaches and arrears claimed. He was unsuccessful in respect of the personal liability arg...

8. Ravensdown Limited - 93 [pdf, 214 KB]

   ...raised from 30kgN/ha to 50kgN/ha and that a mean rate, rather than absolute rate, is applied. Ballance states that research identifies that up to 50kg of nitrogen per hectare is an “agronomically optimal application rate with a reasonably linear response for pasture growth up to that figure” 3. In addition, the proposed use of a ‘mean rate’ for the fertiliser cap accommodates the variable rate of fertiliser application that can be associated with different application tech...

9. Watson v Employers Mutual Ltd (Costs) [2020] NZHRRT 40 [pdf, 131 KB]

   ...RIGHTS REVIEW TRIBUNAL [2020] NZHRRT 40 I TE TARAIPIUNARA MANA TANGATA 2 Tribunal is not minded to award the full amount, it seeks what it refers to as the standard daily rate of $3,750.00. [3] Ms Watson has not filed any submissions in response to the application. THE LAW [4] The Tribunal’s power to award costs in respect of proceedings under the Privacy Act 1993 (the Act) is set out in s 85(2): 85 Powers of Human Rights Review Tribunal (1) … (2) In any proceedin...

10. 2021-05-27 Notice of Witness Conferencing [pdf, 197 KB]

    ...Conduct Appendix 3 at [1] (c) for description of the term expert witness. 2 7, Environment Court Practice Note 2014) and Protocol for Expert Witness Conferences (Appendix 3, Environment Court Practice Note 2014) and to brief them on their responsibilities under these. Particular attention is to be drawn to those parts which require experts to express their views independent of counsel and the parties who have engaged them. The experts are required to attend in person....