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1. NZLS 19 Mar 2013 Giving Evidence [pdf, 281 KB]

   ...voluntary meeting between the · PAGE 12 · GIVING EVIDENCE victim and the offender, and any support people for each of them, before sentencing. Its aim is to allow victims to have a say and focus on their needs, and so offenders can take responsibility for what they have done and for putting things right. A report of the meeting and any recommendations goes to the judge and is taken into account at sentencing. Not all courts offer access to restorative justice and it is not suita...

2. BORA Customs and Excise Bill [pdf, 231 KB]

   ...a. supports the movement of goods, people and craft into and out of New Zealand b. modernises Customs’ revenue system, clarifying businesses’ obligations c. confirms most of Customs’ existing powers, and updates the range of sanctions and response available to protect New Zealand from people or goods that may cause harm d. supports greater information-sharing between Customs and other agencies, with such arrangements being developed in consultation with the Privacy Commissioner,...

3. [2018] NZEmpC 67 Wendco (NZ) Ltd v Unite Inc [pdf, 322 KB]

   ...Court is whether Unite should be restrained from picketing, or threatened picketing, on Wendco’s property including but not limited to the drive-throughs of its restaurants.1 The context for the alleged picketing is strike action in response to collective bargaining between the parties which commenced in April 2017 but which has not yet concluded. [4] At the conclusion of the hearing, I granted Wendco’s application, indicating that these my reasons for judgment would i...

4. LCRO 168/2016 WT v MD (30 May 2018) [pdf, 269 KB]

   ...competence and diligence that a member of the public is entitled to expect of a reasonably competent lawyer” as required by s 12(a) of the Act. [56] The standard of competence required of a lawyer is discussed in the text Ethics, Professional Responsibility and the Lawyer:17 Being competent does not, in professional practice, preclude the making of mistakes. Because law is not a science, practitioners sometimes err in their judgment. Lawyers do not guarantee the outcome of their...

5. Anderson v Anderson – Estate of Barlow Nathaniel Hahona Anderson (2018) 185 Waiariki MB 287 (185 WAR 287) [pdf, 332 KB]

   ...the Barlow Anderson Whānau Trust and declaring the terms of trust in accordance with the draft trust order filed with the application. (c) section 220 and 222 appointing Adam Anderson, Hahona Anderson, Hamiora Anderson and Tapara Anderson as responsible trustees and vesting the deceased’s interests in them as responsible trustees. (d) Section 69(2) requiring Adam Anderson to provide: (i) a schedule of all assets that were in Barlow Anderson’s estate when the executors were...

6. [2017] NZEnvC 190 Hood v Dunedin City Council [pdf, 4.6 MB]

   ...with that, about 1.5m in from the boundary on the appellants' side is a drain (some 4.2m - 4.5m wide), with a simple concrete culvert bridge allowing access to the applicants' site. Otago Regional Council ('ORC') has statutory responsibility for the drain. It has a designation requirement for it in the 2GP (encompassing the drain and immediate curtilage). The drain is scheduled in ORC's Flood Protection Management Bylaw 2012 (,ORC bylaw'/'bylaw'...

7. Harris v Harris - Mangamuka West 3B2A and East H5B (2001) 28 Auckland MB 167 (28 AT 167) [pdf, 5 MB]

   ...wamed of the possibility of litigation) Ta Puni Kokiri dispatched a letter to Mr Roland Ruha. The lelter included Ihe following:. . We have received a leller from H6fidriil Gi'tiylii rngaiino ihli,inallerand hav;' ­ fO/warded an appropriate response. ,- -' - /I Is our view that the Ministry acted properiy and legally when It sotd -the "'- . mortgage In question to Mr Will/am Hams. • . ____ , _,,-.-----_ ... __ . - .. --.- -.-~--~-- ... -.. -. The letter to c...

8. Julian v Inia-McCaull - Estate of Moehuarahi Te Ruuri [2018] Chief Judge's Minute Book 493 (2018 CJ 493) [pdf, 374 KB]

   ...evidence, including Paki Inia, have passed. Even her own evidence suggests that it was only when her own son wanted to build on the land at Mourea that her attitude changed. I find that, prior to that, she was comfortable with Paki Inia taking responsibility for the land. This goes to whether it is necessary in the interests of justice to remedy this error of law. Issue (c): can the allegation of apparent bias be sustained? [43] Turning to the issue of apparent bias, I note that t...

9. Hunia v New Zealand Police [2021] NZHRRT 12 [pdf, 164 KB]

   ...Privacy Commissioner relating to the Policing Bill. The focus of these emails is on pre-employment vetting. [28.5] Hansard extracts from when the Policing Bill was first introduced, the second reading and the Committee Stage. However, Mr Scotland responsibly conceded that it was difficult to glean from these materials any specific parliamentary intention regarding the now s 57. He described the record as “opaque”. With that observation we agree. [28.6] The Explanatory Note to t...

10. [2019] NZEnvC 109 Ngati Pukenga ki Pakikaikutu v Heritage NZ Pouhere Taonga [pdf, 6.8 MB]

    ...its ancestral significance and associated cultural and traditional values, and archaeological sites with cultural significance should be preserved. (56) In evidence he gave at the hearing, Mr Parata spoke of kaitiakitanga and how that is a 24/7 responsibility still. He indicated a particular concern with the ridge and concern with middens being destroyed so as to have a house built on them. He stated that responsibility was given to him by his kaumatua before they died for this partic...