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  1. Oranga Tamariki Amendment Bill [pdf, 152 KB]

    ...the search power in cl 12 is reasonable, we have considered the importance of the objective sought to be achieved and whether the provisions are rationally connected and proportionate to that objective. 1 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 2 Hamed v R, above n 1, at [162] per Blanchard J 3 Hamed v R, above n 1, at [172]. 14. On balance, we consider that the search power in new s 104(3)(c) is reasonable for the purposes o...

  2. BORA Residential Tenancies Amendment Bill (No 2) [pdf, 172 KB]

    ...purpose of testing for the presence of methamphetamine, or taking samples for such testing. Clause 34 inserts an equivalent power in respect of boarding houses. 1 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. Is the Bill of Rights Act engaged? 6. The Bill of Rights Act applies to actions done by the legislative, executive or judicial...

  3. Thompson v Van Wijk (Variation of Non-Publication Orders) [2020] NZHRRT 46 [pdf, 137 KB]

    ...Such new memorandum is to be filed by 22 December 2020. However, should further time be required, application can be made. 4 THE MODIFIED INTERIM ORDERS [10] For the avoidance of doubt the interim orders (as varied by this decision) are: [10.1] Publication of the Christian names of the plaintiff’s children (including the Christian name of her child who died during childbirth) is prohibited pending further order of the Chairperson or of the Tribunal. [10.2] There is to be no se...

  4. O'Hagan v Police (Costs) [2020] NZHRRT 28 [pdf, 614 KB]

    ...PA, s 85(2) to award costs is broad in nature. See Commissioner of Police v Andrews [2015] NZHC 745, [2015] 3 NZLR 515 (Mallon J) at [57] to [71]. In exercising our discretion to decline Mr O’Hagan’s application we have taken into account: [10.1] The early acknowledgement by the Police of the breach. Prior to these proceedings being issued the Police had made two apologies and offered compensation of $500. On the facts, the filing of the proceedings was at best unwise. [10.2] T...

  5. Māori Land Update 2017 [pdf, 467 KB]

    ...42,516.1066 (64%) 24,055.0361 (36%) Total 8,322 11,452 16,021 1,158,174.0592 (82%) 256,734.5549 (18%) Other Statistics Blocks without trusts have an average size of 16ha and average 28 owners; Blocks with a trust have an average size of 101ha and average 202 owners; Overall an average Māori land block has a size of 52ha and 100 owners; and The total number of ownership records recorded in all blocks is 3,106,250 Māori Customary Land Titles: Rohe # Area (ha) Taito...

  6. Re Apostolakis No. 3 (Refusal of Name Suppression) [2018] NZHRRT 4 [pdf, 223 KB]

    ...permissible but only to the extent necessary to serve the ends of justice. See for example Erceg v Erceg [Publication restrictions] [2016] NZSC 135, [2017] 1 NZLR 310 at [3] cited in Waxman at [56] to [66]. [10] Applying the law to the facts: [10.1] Mrs Apostolakis reasons that because in proceedings under the Property (Relationships) Act she had the benefit of the suppression provisions in ss 11B to 11D of the Family Courts Act 1980, in every other proceedings brought by her in othe...

  9. [2022] NZEnvC 196 Stewart v Queenstown Lakes District Council [pdf, 657 KB]

    ...cc,itent and shall not be respor,slble for. and ,;xclu:!'es all llal:illty, •,iltl> re'atloo ro any dalms w�lsoe,•er arlsln� from tt.e use of thl; map "1d data he!j \Sithl�. .. QUEENSTOWN t� 081• \ � LAKES OJSTRIC1' 101JB,20i2 --I 111111111 COUNCIL N R STEWART v QLDC - TOPIC 39 -ARTHURS POINT REZONING f - \ 1 New site specific rule (applying to the rezoned land only) to be inserted into Chapter 8 8.4.8A All Buildings (including associated...

  10. Mills - Maketu A2A Part Lot 5 DPS 63037 (2006) 297 Rotorua MB 193 (297 ROT 193) [pdf, 159 KB]

    ...297 ROT 193 A20050005443 Hearing: Judgment: UNDER Section 135, Te Ture Whenua Maori Act 1993 IN THE MATTER OF Maketu A2A Part Lot 5 DPS 63037 - Change status of land from Maori land to General land NARDA MILLS Applicant 291 Rotorua MB 101-104,8 July 2005 (Heard at Rotorua) 22 March 2006 RESERVED JUDGMENT OF JUDGE P J SAVAGE [1] The block concerned is 3.322 hectares of Maori fi'eehold land, undeveloped and on an elevated site at Town Point, Maketu. The applicant own...