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1. BORA Autonomous Sanctions Bill [pdf, 133 KB]

   ...freedoms affirmed in the Bill of Rights Act. Our analysis is set out below. The Bill 3. The Bill’s purpose is to enable New Zealand to impose and enforce sanctions autonomously, so as to assist in maintaining or restoring peace and security in response to either a threat to peace and security in the Asia-Pacific region or certain breaches of international peace and security. New Zealand can currently only impose sanctions when acting together with other members of the United Nations...

2. Coroners Court COVID-19 levels 2 and 3 protocol August 2020 [pdf, 146 KB]

   ...administrative hearings. iii. Limiting the number of witnesses via the use of agreed facts. c. Raising any deficiencies with cleaning, the availability of cleaning supplies or physical distancing with the site manager immediately. Community transmission response It is possible that a new cluster of COVID-19 community transmission may be confirmed within the location served by a courthouse. In that event the Court will rely on official advice. Steps may be taken to reduce in-perso...

3. [2020] NZEmpC 145 Horton v ST & CJ Bell Ltd [pdf, 196 KB]

   ...manager on 21 August 2017.1 [3] The central issue for the Authority was whether the employment agreement contained a valid 90-day trial provision that had been relied on.2 [4] Mr Horton applied for a job as a stock manager with Bell in response to an advertisement in February 2017.3 He was interviewed by telephone and, later, in person. His application was successful and he was offered the job. An employment agreement was signed. [5] The Authority found that on 25 Jul...

4. 2020 NZPSPLA 021 [pdf, 84 KB]

   ...occasions on the status of his COA. Mr Biddle began working as a crowd controller at Club Envy in 2018 after being recruited by Mr Fevers who was responsible for organising the security at Club Envy at the time. Mr Biddle was given the day to day responsibility for organising the security at Club Envy after Mr Fevers left. [6] When the Police visited the venue on 29 June 2019 Mr Biddle told them he had applied for a temporary COA. This was incorrect as he did not file his applicat...

5. Smith v McCallum and Ross (Strike-Out Application) [2018] NZHRRT 47 [pdf, 1.3 MB]

   ...set out in Wall v Fairfax New Zealand Ltd (Delay) [2017] NZHRRT 8. Consequently, the Tribunal has a backlog of cases awaiting hearing as well as a backlog of cases awaiting determination. Because the Tribunal's resources are limited it has a responsibility to all litigants to ensure those resources are employed effectively and not needlessly wasted on trying to find a litigant who has not bothered to maintain contact with his representative or with the Tribunal. [17] Mr Smith ceased...

6. PDLA holiday period roster guidelines 2021 [pdf, 159 KB]

   ...be used to consider whether attendance in person in required. Where attendance in person is required by a local lawyer, you will need to advise Police that you will contact another PDLA provider who will be able to attend the station. The responsibility for referring calls will sit with the PDLA providers on the roster, and not with the Police. What to do if you receive a call which doesn’t relate to your area of expertise? A PDLA provider on the roster must refer a call...

7. Council v HL [2020] NZDT1493 (27 February 2020) [pdf, 185 KB]

   ...the cost to make the damaged traffic light safe and then to replace it. 3. HL does not dispute that he damaged the traffic light. He said that he lost control while attempting to ‘drift’ around the corner. However, he claims that he is not responsible for the incident because he was experiencing a manic episode at the time as a result of his bipolar disorder. HL was unaware of his condition until a short time after the incident when he was admitted to [Hospital] and the diagnosis...

8. Communication assistance application form [pdf, 1.4 MB]

   ...important issues or expresses strange ideas ☐ Does not understand common everyday expressions ☐ Appears very eager to please/ says “yes” quickly and frequently without seeming to understand ☐ Expression flags Gives vague, un-detailed responses to questions or is off the topic ☐ Repeats what was said to them (or parts of what was said) ☐ Forgets or contradicts their previous accounts ☐ Takes a long time to respond, frequently reformulates their sentences ☐ Reas...

9. Goldsmith - Matata Parish Allotment 846 (2021) 263 Waiariki MB 206 (263 WAR 206) [pdf, 206 KB]

   ...to enable him to continue to act as a signatory for the trust’s bank account. According to Mr Goldsmith, the trust’s bankers decline to accept that he has the legal authority to transact the trust’s banking activities because he is not a responsible trustee. Te Ture The Law [9] Section 227 of Te Ture Whenua Māori Act 1993 states: 227 Trustees may act by majority (1) Subject to any express provision in the trust order and except as provided in subsections (2) and...

10. 20230328-Child-Support-Pass-On-Acts-Amendment-Bill.pdf [pdf, 173 KB]

    ...is generally unlawful to treat people in comparable circumstances differently on the basis of a prohibited ground, unless the difference is justified. The prohibited grounds include family status which means, among other things, “having the responsibility for part-time care or full-time care of children or other dependants”.1 9. Discrimination under s 19 of the Bill of Rights Act arises where:2 a. there is differential treatment or effects as between persons or groups in analog...