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1. Review of community-based sentences in New Zealand [pdf, 1.4 MB]

   ...of periodic detention is punishable by imprisonment for up to 3 months or a fine up to a maximum of $1,000. The sentence of community service came into effect on 1 February 1981. It was the first sentence in New Zealand in which a part of the responsibility for the supervision of an offender was given to the community. It was also the first sentence for which the consent of the offender was to be obtained before its imposition. An offender convicted of an imprisonable offence may...

2. [2024] NZEnvC 182 Beresford v Queenstown Lakes District Council [pdf, 1.6 MB]

   ...perspective of kaitiakitanga/kaitiakitaka. We do not wish to undermine Kāi Tahu and the exercise of kaitikiatanga/kaitiakitaka by the Papatipu Rūnaka. That said, we do not consider it a stretch to infer that for Kāi Tahu, the concomitant kaitiaki responsibility for the environment recognised in s7(a) RMA is an inherent part of the exercise of tino rangatiratanga or tino rakatirataka. [55] Kāi Tahu through its Treaty relationship with the Crown, and in recognition of its ance...

3. Wihelmus Hooft van Huijsduijnen v Woodley [2012] NZWHT Auckland 11 [pdf, 451 KB]

   ...changed in the intervening period. Apart from Mr Woodley’s evidence concerning doing work with the Bobcat and Mr Hooft’s evidence of ground work he had done there was little evidence as to when there has been a change, and if so, who was responsible. Fourteen years have elapsed since the house was built and in the course of that time there have been activities which may have altered the clearances. 20 [50] Having reviewed the evidence I accept that inadequate ground...

4. BORA Public Health Bill [pdf, 617 KB]

   ...issues of inconsistency with the Bill of Rights Act will follow in a separate section for each Part of the Bill and in order of the provisions under the Bill of Rights Act. 33. Part 1 sets out the preliminary provisions of the Bill and the roles and responsibilities of the Minister of Health, Director-General of Health, Director of Public Health and District Health Boards. 34. Part 2 establishes up a health information disclosure regime. A medical practitioner or specified person must r...

5. [2024] NZEnvC 025 Shundi Queenstown Limited v Queenstown Lakes District Council [pdf, 2.6 MB]

   ...initial modelling assumptions and predictions. Those engaged in this predictive analysis are professionally qualified and experienced. In particular, we refer to Mr Bowen whom we are satisfied has undertaken and supervised this work according to his responsibilities as an expert witness. According to those responsibilities, he has duly reported on 42 43 Holden evidence, dated 27 March 2022, attached method statement. Holden evidence, dated 27 March 2022. 25 the inputs to,...

6. [2006] NZEmpC AC 65/06 McAlister v Air New Zealand Ltd [pdf, 139 KB]

   ...1998 he was trained as a B747 flight instructor. The letter advising him of his selection said that he was to undergo the Standards Qualification for appointment to the position of B747 Flight Instructor. In 2000, he was appointed chief pilot responsible to the manager, flight operations international, for a 2-year period. This was a management position. In 2001 he returned to a line flying position of a B747 flight instructor. [28] It is not in issue that Mr McAlister is a loya...

7. Masefield v CAC301 & Ors [2015] NZREADT 30 [pdf, 282 KB]

   ...Court of Appeal in Goldsbro v Walker [11992] 5 TCLR 46 (CA) stated the general principle that “… that an innocent agent who acts merely as a conduit and purports to do no more than pass on instructions from his principal does not thereby become responsible for anything misleading in the information so passed on”. [86] In the leading decision of Red Eagle Corporation Ltd v Ellis [2010] 12 TCLR 526 the Supreme Court expanded upon this principle stating that “to be seen to be a mer...

8. Borst v ACC [2014] NZACA 8 [pdf, 232 KB]

   ...encouraging. I think that this would be an excellent time for the ACC to give their support to this man’s sincere attempts to get himself out of the situation both physically and emotionally that the accident has left him with. I look forward to your response.” [17] ACC responded by instructing an Orthopaedic Surgeon to re-assess Mr Borst’s loss of function and to report on whether his current inability to work was entirely due to his injuries, but did not seek any psychiatric...

9. Matthews v Matthews - Estate of Graham Ngahina Matthews (2010) 253 Aotea MB 250 (253 AOT 250) [pdf, 200 KB]

   ...te tuahu ō Ngā Wairiki.” [19] Mr Matthews underscored that he knew the right person to respect the lands and everything that was important to them. He acknowledged that Duncan Matthews had decided to return from Australia and accept the responsibility of protecting the land as he himself had done as a young man. In time Mr Matthews noted his son, having the necessary strength and determination to undertake the role of kaitiaki of the land, would also have to select a suitable...

10. Privacy Bill - Regulatory Impact Statement - additional policy decisions [pdf, 502 KB]

    ...sensitivity of the information; the number of people involved; and indications of a systemic problem. This approach was changed to a single tier threshold by Cabinet in February 2018, just prior to the introduction of the Bill. The change was made in response to concerns raised by government departments that having two tiers would create a high level of uncertainty and inconsistency, and the difficulty in prescribing two distinct, clear thresholds. (2) The Bill’s application...