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1. [2011] NZEmpC 111 Gaut v BP Oil NZ Ltd costs [pdf, 108 KB]

   ...CHRISTCHURCH [2011] NZEmpC 111 CRC 23/10 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN LEON BURGESS GAUT Plaintiff AND BP OIL NEW ZEALAND LIMITED Defendant Hearing: (in response to memoranda dated 15 July and 10, 15, 23 August 2011) Counsel: Mr Tim Jackson, advocate for the plaintiff Ms Samantha Turner and Mr Simon Clarke, counsel for the defendant Judgment: 30 August 2011 COSTS JUDGMENT OF J...

2. BORA Criminal Procedure Bill [pdf, 88 KB]

   ...Finally the new exception will only be available in respect of acquittal offences occurring after the legislative amendments introducing the exception come into force (new s 378A(5)). Does the proposed exception represent a rational and proportionate response to that objective? 14. The key to this exception is that the acquittal was only obtained by an orchestrated perversion of the trial from which the acquittal emerged. In these circumstances it is not a legitimate acquittal and is...

3. Scott v Sullivan - Karamu AY Section 2 (2013) 27 Takitimu MB 5 (27 TKT 5) [pdf, 127 KB]

   ...of promptly. As foreshadowed, she has recently admitted to being convicted of an offence punishable by imprisonment, the cultivation of cannabis for supply. Even worse, these activities took place on land over which she is a trustee with the responsibility of acting in the best interests of the beneficiaries. I hardly think it appropriate or prudent that a trustee engages in criminal activity for profit let alone using Trust property for these nefarious purposes and expect to rem...

4. Juneja v Kumar [2016] NZIACDT 13 (18 March 2016) [pdf, 116 KB]

   ...exercised its inquisitorial functions under section 49 of the Immigration Advisers Licensing Act 2007, by requiring Mr Kumar to appear, and address any opposing evidence and cross-examination from the Registrar and the complainant. The Registrar has responsibility for protecting the public interest in the complaints process, investigating complaints, and ensuring the Tribunal has such information as it should have to make decisions. [27] The Tribunal has unchallenged evidence given on oa...

5. Kaka v Ruapehu District Council - Ohura South N2E1B (2014) 328 Aotea MB 176 (328 AOT 176) [pdf, 195 KB]

   ...outstanding rates despite him corresponding in the past with the council over these matters. Most recently in 2008 he applied for a rates remission under an amnesty offered by RDC, for which he says he was not granted a hearing and never received a response. He further stated that despite occupying the land for the last 30 years the RDC removed his contact details from the rates notices without consultation. [10] Mr Kaka submitted that Native title to the land was never extinguishe...

6. Recorded Music NZ v VOD02014-D-R-9488397 [2014] NZCOP 2 [pdf, 219 KB]

   ...correspondence portrayed via a house meeting as cannot read well.” [This letter was handwritten; there may be some slight inaccuracies where the handwriting was difficult to decipher.] [12] On 27 March 2014, the Applicant wrote to the Tribunal in response to the letter from the account holder dated 11 March 2014. The Applicant disputed various statements made by the Respondent as follows: (a) Each of the notices was sent from Vodafone New Zealand to the customer via email, and th...

7. Karaitiana v Carroll – Matahiwi No 4B, Waipuka 2R Sec 3 and Waipuka 3A3A (2014) 29 Takitimu MB 214 (29 TKT 214) [pdf, 205 KB]

   ...owners who participated in a meeting of owners held on 28 June 2013 support the proposal to create an ahu whenua trust, which will facilitate the utilisation and development of the land. Ms Karaitiana also seeks the appointment of seven nominees as responsible trustees. [2] Papara Carroll opposes the application. The grounds for opposition include the allegation that the applicant has been involved in several ahu whenua trusts from time to time which have allegedly been unsucce...

8. [2015] NZSSAA 025, 20 April [pdf, 46 KB]

   ...suggested the rent should simply be divided amongst the adults living at the property. Moreover, it seems that the appellant has made his arrangements relying on the Ministry policy that income from boarders would be disregarded and has accepted responsibility for payment of power, rates and other items. Moreover a question of responsibility for the rent may arise if one of the rooms was empty. [25] In the circumstances, we accept that the appellant should have been paid Accommodatio...

9. Legal Complaints Review Officer v Hong [2015] NZLCDT 37 [pdf, 48 KB]

   ...is the seriousness of the offending. 2 See above n 1. 4 2. Aggravating features, including disciplinary history are then taken into account. 3. Mitigating features including the manner of response to the process are also weighed. 4. The Tribunal then undertakes a comparison with other penalties imposed for similar offending. 5. Finally, there is an overall assessment of the fitness of the practitioner and a consideration of...

10. KOTUHI Shane Hasan Francis Sharif (CSU 2011 WGN 000217) [pdf, 73 KB]

    ...relevant information and expertise from across a number of fields. [33] In October 2011, the Minister for Social Development released a white paper for vulnerable children. That white paper recognised protecting vulnerable children is everyone’s responsibility and the children’s action plan set out how everyone played their part. [34] Transitioning young people to independence and adulthood is one of the key work streams in the children’s action plan. It is focused on impr...