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1. Director of Proceedings v Hurst [2019] NZHRRT 27 [pdf, 329 KB]

   ...published by the Tribunal as an addendum to the decision. 4. The defendant consents to the Tribunal making the above declaration based on the facts set out in the agreed summary of facts, and the non-publication order sought in paragraph 2(b). 5. In the statement of claim the plaintiff also sought the following relief: (a) damages pursuant to s 57(1); and (b) costs. 6. These other aspects of the relief claimed by the plaintiff have been resolved between the parties by negotiated agreemen...

2. Director of Proceedings v Xu [2023] NZHRRT 30 [pdf, 554 KB]

   ...touching the aggrieved person’s nipples. Mr Xu recalls finishing the aggrieved person’s back and asking her whether she wanted him to “do the front”, and her saying she “wanted it” and turning over. Mr Xu has said that the aggrieved person consented to having her breasts massaged, and consented when he lifted up the towel to carry out the breast massage. Mr Xu has stated that he asked the 6 aggrieved person if she was okay and that the aggrieved person said she...

3. LCRO 176/2016+193/2016 RQ and TS v VU [pdf, 220 KB]

   ...Proceedings of a disciplinary nature could have been commenced. The requirements of s 351(1) are met. [80] In addition to the matter referred to above, the Committee did not address Mr VU’s conduct in having the beneficiaries sign the gift statements 12 months ahead of the 19 Taylor v Schofield Peterson [1999] 3 NZLR 434 (HC) at 440 per Hammond J, referring to Clark Boyce v Mouat [1993] 3 NZLR 641 (PC). 15 time when they were...

4. Court-imposed fines: survey of Judges [pdf, 509 KB]

   ...information, particularly regarding the means of the offender, was considered to be an important factor limiting Judge’s ability to adjust the amounts of fines imposed. About two-thirds of the Judges said they would never or only seldom ask for a written statement of means. Time pressures were clearly one of the main reasons why this was the case. This research was undertaken in the context of policy work on the Sentencing Act 2002. The Act includes a presumption in favour of fines where t...

5. OWRUG & Grape Vision Ltd - EiC - J Dicey - Horticulture (4 Feb 2021) [pdf, 124 KB]

   ...developed. Short term consents make it unlikely additional area will be developed given the size of the investment, the development horizon, and the fact more investors will need bank support which would be unlikely with a short consent period. 7. Consenting costs due to the increasing data requirements demanded by the ORC will also act as a disincentive for landowners or new investors. 2 PP-1035600-2-262-V1 INTRODUCTION QUALIFICATIONS AND EVIDENCE 8. My full...

6. ENVC Matiatia party corresp agreed statement memo caucusing [pdf, 1 MB]

   ...character. Amenity. Recreation and Open Space' e. Navigation. Boat safety and Mooring" f. Planning" g. Traffic and Transport' h. Iwi Cultural Matters" 3. The proposed topic groupings not requiring formal caucusing (but a statement of matters agreed may be produced) are: a. Civil Engineering. Stormwater and Wastewater b. Coastal Engineering. Marina Design. Geotechnical and Waverwake Assessment c. Lighting 4. A facilitated caucusing is proposed for...

7. [2014] NZEmpC 21 Vince Roberts Appliance Warehouse Ltd v Carroll [pdf, 63 KB]

   ...the proceeding and reserve costs on the first defendant’s application. The entituling to this judgment will reflect the necessary role changes that are a consequence of this decision. [10] The first defendant will now need to file an amended statement of claim on his cross-challenge setting out his allegations against the plaintiff and the second defendant. Mr Carroll will have 14 days within which to file and serve that amended pleading. The plaintiff and the second defendant...

8. Director of Human Rights Proceedings v Attorney-General (Application for Non-Publication Orders) [2017] NZHRRT 6 [pdf, 160 KB]

   ...filed on 22 December 2016 the Director of Human Rights Proceedings simultaneously sought an interim order suppressing the names and identifying details of the aggrieved person and of the aggrieved person’s step-daughter. [2] It is apparent from the statement of reply filed on 7 February 2017 that the Director’s allegations against the New Zealand Police will be defended on substantive grounds. As no case management conference has yet been convened it can be expected final resolution...

9. A v Van Wijk (Application for Non-Publication Orders) [2017] NZHRRT 25. Note non-publication restrictions. [pdf, 145 KB]

   ...Human Rights Act 1993. She alleges that when providing her with pastoral care and counselling, the first defendant subjected her to language and physical behaviour of a sexual nature and that he made ongoing requests for sexual activity. [2] The statement of reply by the first defendant was filed on 2 November 2016 while that by the second and third defendants was received on 16 November 2016. An amended statement of reply by the first defendant followed on 1 December 2016 while the...

10. File a challenge

    ...regarding cross-challenges dated 1 May 2014. What happens after you have initiated a challenge You must advise the registry, by a letter or email, when and how you served the defendant. The defendant will have 30 days from the date of service to file their statement of defence. The statement of defence will be served on you at the address of service you provided in your statement of claim. Once the defence is filed the registry will organise a directions conference with a judge. If no de...

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