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1. Butcher v NZ Transport Agency [2022] NZHRRT 21 [pdf, 586 KB]

   ...to other provisions of the Bill of Rights Act. Senior courts have that power, but no other courts or tribunals do. See Attorney-General v Taylor [2018] NZSC 104, [2019] 1 NZLR 213 at [47], [65], [117]-[119]. [37] The other aspects of the Crown response to each cause of action or claim are summarised later in this decision when discussing whether there is a prima facie breach of s 19 of the Bill of Rights Act. First cause of action [38] Mr Butcher’s first cause of action is that t...

2. [2025] NZLVT 13 - Northview Capital Ltd v Hamilton City Council (21 March 2025) [pdf, 1.1 MB]

   ...DETERMINATION OF THE LAND VALUATION TRIBUNAL _______________________________________________________________ Northview Capital Limited v Hamilton City Council [2025] NZLVT 013 2 Table of Contents Outcome 4 Introduction 5 The claim and response 7 Property description 8 Issues 9 Legal principles 9 The basis for compensation 9 Explanation of terminology 13 Market value 14 Willing seller/willing buyer principles 15 Liberality 17 Valuation methodology 17 Hypothet...

3. Waitangi Tribunal Part 1 Report on stage 1 of the Te Paparahi o Te Raki inquiry [pdf, 6.1 MB]

   .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 4 .4 Mana, rangatiratanga, law, and alliance : the Declaration’s four articles . . . . . . . . . . . 171 4 .5 Britain’s response to the Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz...

4. 2021-03-19 ORC PC7 Transcript (to end of day 8) [pdf, 2.7 MB]

   ...Page & B Irving for Clutha District Council, Waitaki District Council, Queenstown Lakes District Council, Dunedin City Council and Central Otago District Council (the Territorial Authorities) n J Welsh for Trustpower Limited H Rennie for WISE Response Society Inc NOTES OF EVIDENCE TAKEN BEFORE THE ENVIRONMENT COURT TABLE OF CONTENTS CROSS-EXAMINATION: MR BUNTING ........................................................................................... 56  RODERICK DO...

5. [2014] NZEmpC 157 Howard v Carter Holt Harvey Packing Ltd [pdf, 121 KB]

   ...context of wrongdoing, as explained by the Court in De Bruin. c) As to substantive justification, the defendant had failed adequately to take account of all the relevant circumstances. Consequently it was arguable that the range of reasonable responses could not include dismissal. d) The defendant adopted a zero tolerance policy, and was intent only on establishing whether the conduct itself occurred and therefore whether it should be automatically considered serious miscondu...

6. NOP TUV v MBIE [2014] NZHRRT 16 [pdf, 156 KB]

   ...information held about them. For reasons not known this letter did not reach INZ, nor did a subsequent letter dated 21 June 2006. It was only when, on 7 July 2006, Mr Small sent a fax that the attention of INZ was drawn to the access request. In a response dated 10 July 2006 Ms Kirwan advised that the request had been sent to the Auckland Central Branch for processing. [19] The maximum 20 working day period “allowed” by s 40(1) of the Act was treated by INZ to run from 7 July 200...

7. [2020] NZIACDT 46 - ZG v Parker (19 October 2020) [pdf, 357 KB]

   ...Parker were not appropriate, for which he apologised. The officer’s concern, as to whether the employment was genuine and sustainable, was clearly set out in the letter of 7 March 2018. The application was declined on that ground. It was the responsibility of the complainant to provide all the information to satisfy the officer. The complaints process did not include addressing the merits of the decision. [46] The complainant sent the following text to Ms Cheng: (2 May 20...

8. [2017] NZEmpC 87 Below v The Salvation Army New Zealand Trust [pdf, 259 KB]

   ...they had been accepted as cadets for training. They were then provided with the appropriate Accepted Candidates’ badge, which could be worn on their Salvation Army uniforms from that time onwards. [27] Each was reminded as to certain financial responsibilities they would have as candidates, including the requirement to pay a fee towards training; that sum was to be paid on entry to the College. Mr and Mrs Below paid this fee, an amount of $2,507.07 plus GST each. [28] Until t...

9. [2017] NZEnvC 159 Hokio Trusts v Manawatu Wanganui Regional Council [pdf, 4 MB]

   ...reasoned and upheld on similar grounds. The Respondent noted that the Respondent's costs submissions, para [6](a). 6 only substantive changes through the appeal process were amendments to some of the conditions. The Appellants' Response [14] The Appellants submitted that any costs awarded against them should be nominal only. They commenced their costs submissions by contending that they are representatives of Ahu Whenua Trusts and not individuals seeking to gain pers...

10. Johnson v Canterbury/Westland Standards Committee 3 - Outcome of appeal of decisions [2018] NZLCDT 5 and [2018] NZLCDT 21 [pdf, 439 KB]

    ...matter. (c) Did not provide independent advice because he did not advise that they should not proceed with the purchase. The Tribunal made no finding to this effect. Mr Eades addressed this issue in the affidavit he swore on 8 August 2017 in response to Mr Haynes’ assertion that the Trust would have had an appropriate remedy against Mr Ed Johnston if he had not been acting in the Trust’s best interests. In any event, Mr Eades’ opinion was that the purpose of the independ...