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1. Miscarriage of justice - Scott Watson - K McDonald's final report March 2011 [pdf, 2 MB]

   ...Royal prerogative of mercy, strong conventions have been developed that reflect the respective roles of the Judiciary and the Executive branch of government in the administration of justice. 2.5 The starting point is that determinations of criminal responsibility are made by the courts. The Royal prerogative of mercy does not operate as another appeal or a further opportunity to re-examine facts and arguments that have already been considered by the courts. A case will normally be r...

2. Hammond v Credit Union Baywide [2015] NZHRRT 6 [pdf, 265 KB]

   ...decisions were never questioned. On another occasion when she approached Ms Baxter (the person to whom she reported) and provided a document Ms Hammond had created to ensure the Board could make informed decisions when signing off on loans, Ms Baxter’s response was “the Board just do as they are told”. [14] During her time at NZCU Baywide Ms Hammond made numerous friends, one of whom was Jantha Gooding, Manager of Marketing and Communications. [15] It is necessary at this poin...

3. National Standards Committee 1 v Haines [2022] NZLCDT 10 (8 April 2022) [pdf, 551 KB]

   ...In another decision Clark J stated: “I accept, unhesitatingly, Mr Gambitsis’ judgment that order must be brought to what he described as the “absolute chaos Mr M brings to his business relationships”. And that Mr M’s performance of his responsibilities of a Trustee “should be the subject of judicial scrutiny.” [75] On balance, we find it much more likely that Mr Haines held back from issuing regular invoices to Mr M because of his inability to pay, and that instead, the...

4. 2021-07-05 Transcript (up until1.30pm of day 39).pdf [pdf, 1.9 MB]

   ...P Page and B Irving for Clutha District Council, Waitaki District Council, Queenstown Lakes District Council, Dunedin City Council and Central Otago District Council (the Territorial Authorities) J Welsh for Trustpower Limited H Rennie for WISE Response Society Inc NOTES OF EVIDENCE TAKEN BEFORE THE ENVIRONMENT COURT TABLE OF CONTENTS SHANE ANTHONY ENRIGHT (AFFIRMED) (VIA AVL) .......................................................................... 2 EXAMINATION: MR MAW ......

5. [2015] NZEmpC 157 Labour Inspector v Cypress Villas Ltd full court [pdf, 515 KB]

   ...pierce or lift an employing company’s corporate veil in limited circumstances upon specific tests being satisfied, and so to sheet home to individual or other corporate persons (as agents) sufficiently associated with an employer company the responsibilities for wages and holiday pay of that company. That purpose is confirmed by the words and phrases of the section itself. [36] The context in which s 234 came to be enacted in 2000 included the emergence of some employing ent...

6. CBA v LKJ Ltd [2014] NZHRRT 13 [pdf, 205 KB]

   ...has had on her. There are good reasons why her identity should not be disclosed. [10.2] The importance of this case lies not in the identity of the parties but in the fact that it is a unique opportunity to inform the medical profession of their responsibilities under the Human Rights Act, the Human Assisted Reproductive Technology Act 2004, the New Zealand Standard NZS8181: 2007 Fertility Services, the Health and Disability Services (Safety) Act 2001, the Code of Health and Disability...

7. Morgan v The Real Estate Agents Authority (CAC 20003) NZREADT 82 [pdf, 331 KB]

   ...case, have been deducted from the respective purchasers’ deposits. [46] We have previously held that exposing a client to a risk of liability for a second commission (without disclosure of that risk and informed consent) may warrant a disciplinary response, even where the employing agency has verbally disclaimed entitlement to the second commission. [47] In Johnston and Vining Realty Ltd v REAA [2013] NZREADT 67, we found that it was unsatisfactory for a salesperson acting in respec...

8. E8 Craig Jones - Event Legacy - EIC - Applicant [pdf, 7 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA ENV-2018-AKL-000078 IN THE MATTER of the Resource Management Act 1991 (RMA) AND IN THE MATTER of the direct referral of applications for resource consent for the necessary infrastructure and related activities associated with holding the America's Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND Applicant AND AUCKLAND COUNCIL Regulatory Authority EVIDENCE CRAIG GARETH JONES ON BEH

9. Family Court rewrite submission: New Zealand Law Society [pdf, 1 MB]

   ...free attendance at PTS for parties. Consideration should be given to making attendance at PTS mandatory before parties attend FDR. This would 7 Ministry of Justice letter, 17 May 2011 (in response to NZLS FLS Q29) 2009/10 COCA cases 5% final and 10.97% interim hearings. 8 Background paper, at [50]; see also [58]. 9 Law Society submission on the Family Court Proceedings Reform Bill, 13 February 2013, paragraph 113. 10 Evalu...

10. Nga Runanga EiC S McIntyre Planning Amended tracked 17 Feb 2021 [PDF, 1 MB]

    ...playing an active role in management of these resources. 22. Mr de Pelsemaeker, in his evidence, identifies active protection of tākata whenua interests and active participation of Māori in resource management decision making as appropriate responses to the requirements of section 8.10 Mr Ellison’s The evidence of Mr Ellison, Mr Whaanga and Ms Bartlett describe