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1. Director of Human Rights Proceedings v Commissioner of Police (Discovery) [2020] NZHRRT 32 [pdf, 202 KB]

   ...a matter is common ground, there is no requirement for documents on that matter to be disclosed. 7 ANALYSIS [30] The starting presumption must be that proper discovery has been given. The Commissioner is represented by experienced, responsible counsel. Their memoranda make it clear the Commissioner’s discovery obligations have been approached with proper regard to his responsibilities. There has been a willingness to carry out searches which go beyond what the Commissi...

2. 2020 NZEnvC 142 Environmental Defence Society Incorporated v New Zealand Aluminium Smelters Limited [pdf, 16 MB]

   ...24 August 2020. [2] SSL owns the premises where ouvea premix is currently stored in Mataura. It supports the relief sought by Environmental Defence Society Incorporated ("EDS") as it says it will provide clarity as to the ownership and responsibility of the storage of the ouvea premix. 1 SSL explains its delay in joining is due to the documents initially being delivered to the wrong entity instead of SSL, and subsequently SSL's sole director not being immediately avai...

3. Otimi v Fa'uhiva - Hauhungaroa 1A3 (Poukura Pā) (2018) 394 Aota MB 182 (394 AOT 182) [pdf, 363 KB]

   ...involved an exchange of words between three or four individuals, resulting in offence being taken and those parties leaving. The trustees say that none of those individuals involved were current trustees and the trust does not have the authority or responsibility to control what individuals say to each other on the reservation. The trustees’ understanding is that management of the pae has always been 394 Aotea MB 187 outside of the trust and such responsibility rests upon memb...

4. Nyman v Appleton - Succession to Felix Appleton [2018] Chief Judge's MB 31 (2018 CJ 31) [pdf, 341 KB]

   ...to the Report and Recommendation are received, then the matter should be set down for hearing before the Chief Judge in the Waiāriki District. Procedure [5] The Registrar’s Report was distributed to parties on 19 February 2015 with written responses or objections to be filed no later than 20 March 2015. [6] On 20 March 2015, the Registrar received a written objection from Vena Appleton (daughter of the deceased) on the grounds that she was present when her father made his Will a...

5. [2019] NZEnvC 120 The Friends of Sherwood Trust v Auckland Council [pdf, 216 KB]

   ...case has been proved to have little or no merit, 9 or where an application for interim enforcement orders fails. 10 The reason for this is likely to be related to the nature of such proceedings and the fact that they often require a more immediate response. [19] It must also be noted that parties that bring proceedings in the public interest are not immune from being ordered to pay costs, 11 even though this is a matter to be considered and weighed in the exercise of the Court'...

6. KBN v Wharekura [2019] NZIACDT 80 (9 December 2019) [pdf, 126 KB]

   ...against Mr Wharekura on 26 September 2019. [37] Mr Moses subsequently filed a statement of reply to the substantive complaint on 23 October 2019, with an affidavit from Mr Wharekura (sworn on 22 October 2019) in support. [38] There were no responses from the Registrar or the complainant. ASSESSMENT [39] The Registrar relies on cl 1 of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due ca...

7. [2019] NZEmpC 191 Rachelle v Air New Zealand Ltd [pdf, 448 KB]

   ...processes, aircraft passenger boarding, providing administrative support during disruption to air travel, dealing with mishandled baggage, and day of operations aircraft communication and coordination. It provided those services until 2016 when responsibility for them was taken over by Air New Zealand. [11] When Mt Cook Airline was providing ground handling services it used a combination of permanent staff supplemented by temporary and casual employees. It employed about 34 pe...

8. Electoral (Registration of Sentenced Prisoners Amendment Bill [pdf, 3.3 MB]

   ...a sentence of imprisonment of three years or more are disqualified from registering as electors, the Bill would litnit the right to vote. However, the limitation serves the aims of deterring and denouncing serious criminality, and enhancing civic responsibility and respect for the rule of law. Moreover, the fact that the Bill: 4.1 restricts the limitation to prisoners convicted of serious criminal conduct; 4.2 restricts the limitation to the duration of their itnprisonment only;...

9. [2020] NZEmpC 52 Dillon v Tullycrine Ltd [pdf, 230 KB]

   ...to a portable house on the farm. This was the arrangement until a farmhouse was built, with two living spaces, one for Hayden and Lisa Dillon and their children and the other for Mr and Mrs Dillon. Mrs Dillon and Lisa Dillon took the primary responsibility for organising the design and furnishing of the house. [14] The family hoped the agistment business would be successful so that Mr and Mrs Dillon could derive an income from it – $500 per week was mentioned – and that all...

10. LCRO 217/2016 and 218/2016 RE and YI v WG (14 November 2018) [pdf, 187 KB]

    ...with publication. [59] Orders that need to be considered are a censure and/or a fine.17 Other orders provided for in s 156(1) of the Act are inapplicable. [60] In addressing the nature of a fine the authors of the text Ethics, Professional Responsibility and the Lawyer say: 18 A fine has no protective or rehabilitative function. It is largely punitive, and perhaps also serves the purpose of setting certain conduct aside as falling short of acceptable standards to a significant d...