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1. [2021] NZEnvC 159 Drive Holdings Limited v Auckland Council [pdf, 3.1 MB]

   ..._________________________________________________________________ A: The appeal is declined, and the Council decision confirmed. B: Costs are reserved. Applications for costs are to be filed and served within 20 2 working days, replies within a further 15 working days and any final response from the applicants within a further 5 working days. REASONS Introduction This is an appeal against a refusal of an application for retail/residential development over multiple sites...

2. [2021] NZEnvC 159 Drive Holdings Limited v Auckland Council [pdf, 3.1 MB]

   ..._________________________________________________________________ A: The appeal is declined, and the Council decision confirmed. B: Costs are reserved. Applications for costs are to be filed and served within 20 2 working days, replies within a further 15 working days and any final response from the applicants within a further 5 working days. REASONS Introduction This is an appeal against a refusal of an application for retail/residential development over multiple sites...

3. Cutforth v Witana - Kohewhata 27C2A (2023) 259 Taitokerau MB 111 (259 TTK 111) [pdf, 364 KB]

   ...circumstances here meaning notice was not required? [74] Trustees can be held personally liable for decisions they make concerning the trust. Trustees can also be held jointly and severally liable for such decisions. This means a trustee can be held responsible for the actions of his or her fellow trustees even if he or she was not directly involved in that decision. Potential trustee liability can be significant where trustees administer large trusts, with large assets, on behalf...

4. [2021] NZACC 101 – OM v ACC (12 July 2021) [pdf, 271 KB]

   ...Debra Carr-Porter. Ms Carr-Porter’s midwife notes are not available to the Court. [5] On 15 June 2018 an ACC employee had a telephone call with Ms Carr-Porter to ask if she had midwife notes in relation to this pregnancy. Ms Carr-Porter’s response was: a) She had not been a midwife for a long time and had not been in New Zealand since 2008. b) She was only required to keep her notes for a period of 10 years and accordingly would have destroyed them. c) She could not...

5. Nedelcu v Accident Compensation Corporation (Suspension of Entitlements) [2023] NZACC 191 [pdf, 339 KB]

   ...that the Corporation is required to provide entitlements only to the extent required by the Act. [64] Section 69 lists the entitlements the Corporation can provide, including social rehabilitation. [65] Section 70 provides that a claimant is responsible for his or own rehabilitation to the extent practicable having regard to the consequences of his or her own personal injury. [66] Section 79 states that the purpose of social rehabilitation is to assist in restoring the claimant&#0...

6. Te Manutukutuku (Issue 82) [pdf, 14 MB]

   ...physical access to their land. The Tribunal reported on this issue as a matter of priority due to the scale and gravity of the problem and the pressing need for effective solu- tions to it. The report focuses on three issues : ӹ Was the Crown solely responsible for the landlocking of Māori land in the inquiry district in the period before 1912, when most landlocking occurred ? ӹ Have the Crown’s attempts to rem- edy landlocking since 1912 been effective and Treaty compliant...

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

   ...the best person to support you in court. See chapter 6, helpful contacts for their contact details. • Registrar/Court Taker– sits in front of the judge. They ask people giving evidence to swear or state that they are telling the truth and are responsible for the paperwork. • Court Attendant/Crier– calls out the names of the witnesses, and helps the jurors and members of the public. They look after the court papers, carry messages, hand things to the prosecutor, defence lawyer, wit...

8. [2025] NZEmpC 76 Vegepod NZ Ltd v Lowe [pdf, 291 KB]

   ...go ahead until their clients had received all relevant information to inform their feedback, and set out a detailed list of information that was sought. [45] On Wednesday 20 November 2024 Vegepod NZ Ltd’s lawyer, Mr O’Brien, forwarded a response to the information request and enclosed numerous documents. He advised that the feedback meeting had been scheduled two days later, on Friday 22 November, at midday. [46] Mrs and Mr Lowe raised concerns through their lawyer about...

9. Guide for Policy and Legal Advisors

   ...following World War II. Respect for human rights is part of Aotearoa New Zealand’s way of life. Human rights are therefore relevant throughout the policy process. Considering human rights in all stages of policy development will help make the policy responsive to the needs of both the community and government. People feel more represented by policies that respect human rights, and these same policies are less vulnerable to legal challenge. In short, human rights make good policy. The statutor...

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   1. Justice sector & policy >
   2. Constitutional issues & human rights >
   3. The Bill of Rights Act

10. Wellington Standards Committee 2 v Morahan [2017] NZLCDT 24 [pdf, 531 KB]

    ...(g) By failing to take sufficient steps to record and maintain appropriate records of the advice he gave to Mr J, Ms B, and the trust when acting for them including in relation to the sale of Rosetta Road and Golf Road. [26] The respondent’s response to these allegations is: (a) That he acted with the consent of all parties in respect of the transfer of Rosetta Road to the trust who were aware of the nature and consequences of the transaction; (b) That he did not act for the tru...