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1. Memorandum of Counsel for Guardians of the Bays Incorporated (dated 16 March 2018) [pdf, 119 KB]

   ...modelling. Other effects on natural character, landscape, visual amenity and other coastal processes will also arise from a longer runway. 9 While WIAL says that it intends to pursue a runway extension proposal, one would also hope, if WIAL is a responsible company, that it has not closed its mind to the prospect of not proceeding, or going back to the drawing board to find some other alternative. Abandoning the current proceedings would demonstrate its commitment to a fair ev...

2. Maiava v Matauri X Incorporation (2010) 10 Taitokerau MB 106 (10 TTK 106) [pdf, 60 KB]

   ...does not otherwise address her ability to meet costs. [21] Mr Gillespie has put Mrs Maiava’s financial circumstances in issue and Mrs Maiava has not responded in substance except to acknowledge that she is of “limited financial means.” Her response is otherwise circuitous. An adverse inference therefore arises. In the circumstances I find that there are grounds to infer that Mrs Maiava would not be able to pay the costs of the Incorporation if she were unsuccessful. The thresho...

3. Edwards v Capital and Coast DHB (Application for Non-Publication Orders) [2016] NZHRRT 19 [pdf, 53 KB]

   ...Tribunal met with the second plaintiff on 18 April 2016 he was asked whether he had given consideration to the publicity his case might potentially attract. He replied such publicity would not trouble him. We do not intend attaching weight to this response. While the second plaintiff was entirely sincere in expressing his opinion, it is plain from the evidence now tendered by the first plaintiff that the view expressed was not an informed view. It was also an opinion expressed in pass...

4. IHC New Zealand v Ministry of Education (Non-Party Access No. 2) [2014] NZHRRT 20 [pdf, 51 KB]

   ...access to Court files will be conducive to those socially valuable objectives being attained. But they do not confer upon the Court the added duty of ensuring that beyond the stage where the right to inspect has been exercised, the Court should have a responsibility to make sure that what indirectly results is actually fair and accurate reporting etc. [5] In other words, the presence in the rules of the various criteria under r 3.16 is to provide guidance to the Court on how it should e...

5. [2016] NZCA 54 CA427/2015 Scarborough v Micron Security Products Limited [pdf, 149 KB]

   ...appeal against two costs decisions in the Employment Court. No appeal against the substantive judgments of that Court is sought. [2] Ms Scarborough was employed by Micron Security Products Ltd (Micron) as an assembler of medical emergency response products for three months. She was made redundant on 16 December 2013. She made a claim in the Employment Relations Authority that this was an unjustified dismissal. The Authority found the redundancy dismissal was substantively ju...

6. [2016] NZSSAA 006 (17 February 2016) [pdf, 59 KB]

   ...when she first came into her grandparents’ care. It is not unreasonable for the Ministry to require medical evidence that supported the extent of her PTSD and her bed-wetting in April 2014. The Ministry are unable to interview the social worker responsible for the care of XXXX and her brother at the time they were moved to their grandparents’ care, as requested by the Authority, because this person is no longer employed by the Ministry. [13] The Chief Executive accepts that the app...

7. Kuttikkatt v Standing [2014] NZIACDT 112 (14 October 2014) [pdf, 251 KB]

   ...to have the practitioner continue as a member of the profession practising well (B v B [1993] BCL 1093; HC Auckland HC4/92, 6 April 1993). Absence of significant mitigating factors [12] There is little or no mitigation. Mr Standing has not taken responsibility for his conduct in any way. Mr Standing’s licence [13] Mr Standing has a lengthy history of professional offending. He has previously had his licence cancelled. To reapply successfully for a licence would require him to sati...

8. JI & JJ v RR LCRO 84 / 2011 (15 March 2012) [pdf, 83 KB]

   ...added that when he became aware of the Applicants’ dissatisfaction he had contacted a barrister and explained the background issues with a view to getting a costing. He had then forwarded to the Applicants a copy of the barrister’s written response, which confirmed that the Practitioner had “quite rightly” focused his opinion on the civil legal remedies that could be available under the Fair Trading Act, expressing his (the barristers) own view that this was clearly a civil...

9. Marine and Costal Area - Customary marine title group planning document [pdf, 147 KB]

   ...Fishing) Regulations 1998 and Fisheries (South Island Customary Fishing) Regulations 1999. This material is not legal advice 6 Disclaimer Although every effort has been made to ensure that this guidance document is as accurate as possible, the Ministry of Justice will not be held responsible for any action arising out of its use. Direct reference should be made to the Marine and Coastal Area (Takutai Moana) Act 2011 and expert advice should be sought if necessary....

10. Tuitupou v Tangilanu [2014] NZIACDT 51 (15 April 2014) [pdf, 121 KB]

    ...$500 in professional fees, in accordance with the agreement. [5.3] Some two or three months later, the complainants contacted the adviser. The adviser told them that she had submitted everything to Immigration New Zealand, and they should wait for a response. After a period, the female complainant contacted the adviser again. She told the complainant Immigration New Zealand declined the request for a visa and that she had resubmitted the request. 3 [5.4] The adviser’s lic...