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1. Williams v Pukahukiwi Kaokaoroa 2 Inc - Pukahukiwi Kaokaoroa 2 Inc (2023) 295 Waiariki MB 97 (295 WAR 97) [pdf, 264 KB]

   ...shareholders and the public, the law is silent as to whether Parliament intended that this should apply to the whole register or simply the personal information held about the person who is requesting access. The respondent claims 295 Waiariki MB 101 wording does not require that the whole register be made available, so their approach of providing an excerpt is in line with the legislative requirements. [18] The respondent submits that s 56 of the Privacy Act is a useful extr...

2. [2020] NZIACDT 8 - GQ v Ramos (10 February 2020) [pdf, 123 KB]

   ...5 Section 51(1). 6 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 7 Z v Dental Complaints Assessment Committee, above n 6, at [97], [101]–[102] & [112]. 7 The question is whether the standard of representation was so poor as to fall below the minimum standard expected of a licensed immigration adviser. [35] As for the second ground of complaint, Ms Ramos acknow

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

   ...against the administration of justice and that offence relates to the hearing of an earlier criminal charge in respect of which the person was acquitted (new s 378A(2)). “Offences against the administration of justice” include such things as s 101 (bribery of a judicial officer) and ss 108 and 109 (perjury). A retrial requires High Court approval against stated criteria. Finally the new exception will only be available in respect of acquittal offences occurring after the legislativ...

4. Te Tumu Paeroa - Te Aroha Blk 3 Sec 1B and Sections 2 and 3 Block III Aroha SD (2016) 119 Waikato Maniapoto MB 95 (119 WMN 95) [pdf, 197 KB]

   ...administration and development of the blocks would be enhanced by aggregating the blocks, I am satisfied pursuant to s 288(2)(b) that there is sufficient support for the application given the nature and importance of the matter. 119 Waikato Maniapoto MB 101 Section 288(1) Considerations [22] Pursuant to s 288(1)(a) the view of the active owners is clearly in favour of the aggregation. No doubt that is partly because of the desirability of the development, but also because,...

5. WTH Claims over $20k for a house - Chair's directions [pdf, 190 KB]

   ...all other parties because if they agree that the party seeking removal should be removed, they are expected to consent to the removal, which can then be formalised by the assigned member of the Tribunal. 10 Responses to the claim (and replies) 10.1 The Act states that respondents must file responses to the claim. A timetable for filing responses will in most claims be set at the preliminary conference. 10.2 To prepare their formal responses, respondents need to analyse the applica...

6. [2023] NZEmpC 36 Hilford v Board of Trustees of Whangarei Boys’ High School [pdf, 253 KB]

   ...Propeller Limited I addressed this issue at some length.7 As I indicated in that judgment, guidance on the question of confidentiality of information is provided by s 69 of the Evidence Act 2006 (EA).8 7 UXK v Talent Propeller Ltd [2022] NZEmpC 101, [2022] ERNZ 396. 8 At [76]−[88]. [42] The section provides: 69 Overriding discretion as to confidential information (1) A direction under this section is a direction that any 1 or more of the following not be disc...

7. [2020] NZIACDT 39 - IK v Tian (23 September 2020) [pdf, 213 KB]

   ...6 Section 51(1). 7 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 8 Z v Dental Complaints Assessment Committee, above n 7, at [97], [101]–[102] & [112]. 7 23. A licensed immigration adviser must, each time a payment is received in cash from the client, provide the client with a receipt, clearly indicating which invoice(s), if applicable, the receipt relates to. F

8. Fenwick - Whakapoungakau 24 Block (2013) 82 Waiariki MB 202 (82 WAR 202) [pdf, 137 KB]

   ...3 Naera v Fenwick – Whakapoungakau 24 (2010) 15 Waiariki MB 279 (15 WAR 279). 4 Wall v Karaitiana - Tauhara Middle 15 (2007) 85 Taupō MB 225 (85 TPO 225) 5 Affidavit of Wahiao James Gray sworn 13 November 2009, at 101 82 Waiariki MB 207 [149] While I accept that Mrs Fenwick did not deliberately set out to benefit herself and her family, it was inappropriate for her to participate in the decision making. With respect, she ought have known better,

9. BORA Births, Deaths, Marriages, and Relationships Registration Bill [pdf, 249 KB]

   ...consider that the Bill appears to be consistent with the right to be secure against unreasonable search or seizure as affirmed in s 21 of the Bill of Rights Act. 9 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J; see also Williams v Attorney-General [2007] NZCA 52. 10 Ibid at [33]; Hamed v R, above n 4 at [162]. Conclusion 56. We have concluded that the Bill appears to be consistent with t...

10. E40 Marija Jukic - Contaminant Discharge - EIC - Council [pdf, 772 KB]

    ...land proposed at the subject site. 9.3 I specifically note that the Applicant’s revised set of conditions incorporates the revised wording for condition 89C, which Mr Ware and I agreed at expert witness conferencing11. 10. CONCLUSIONS 10.1 Aside from the recommended amendment to section 6.6 of the RAP, I consider that the best practicable option with regard to the control of contaminant discharges at the subject site has been proposed. 10.2 I consider that any effect...