Search Results

1. NZ BORA Advice: Land Transport Clean Vehicles Amendment Bill [pdf, 214 KB]

   ...of s 5 of the Bill of Rights Act.6 Whether a search will be reasonable turns on a 3 Proposed s 185 of the Land Transport Act 1998 (cl 7 of the Bill). 4 Proposed s 187 of the Land Transport Act 1998 (cl 7 of the Bill). 5 Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 6 Ibid at [162], per Blanchard J. number of factors, including the nature of the place or object being searched, the degree of intrusion into personal privacy, and the rationale for the sear...

2. Electoral-Amendment-Regulations-No-2-2022-Final.pdf [pdf, 819 KB]

   ...New Zealand business hours, at the same time the service is being offered to voters in New Zealand.2 Miscellaneous amendments 10 The Regulations make a number of miscellaneous amendments to ensure the Regulations are fit for purpose, including: 10.1 special votes – the Regulations will extend the deadline to receive special votes for general elections from 10 to 13 days to accommodate public holidays potentially falling within the current 10-day timeframe; 1 Part 4 provides rem...

3. 2021-11-03 ORC - Legal submissions - PC8 - primary sector hearing [pdf, 288 KB]

   ...recommendations and in accordance with the RMA statutory framework as it applies to a regional plan change. 14 The relevant legal tests when considering PC8 are set out in section 149U(1) of the RMA. The Environment Court:10 (a) must apply clause 10(1) to (3) of Schedule 1 as if it were a local authority; and (b) may exercise the powers under section 293; and (c) must apply sections 66 to 70, 77A, and 77D as if it were a regional council. 15 In addition, the Court must:11 (...

4. Urban Development Bill Advice [pdf, 131 KB]

   ...power to enter land and buildings and carry out the search functions detailed in cl 269(2) are rationally connected to to achieving its purpose to select, assess 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]. and implement SDPs. We understand the objectives of enabling Kāinga Ora to have accurate and reliable information to exercise its functions to be suff...

5. Media release for annual provisional suicide figures for 2012/13 [pdf, 391 KB]

   ...Mäori Pacific Other Number Rate Number Rate Number Rate Number Rate 2007/2008 21 5.93 87 15.39 24 9.05 408 13.26 2008/2009 10 2.82 95 16.81 26 9.81 400 13.00 2009/2010 22 6.21 105 18.58 31 11.69 383 12.45 2010/2011 19 5.36 101 17.87 22 8.30 416 13.52 2011/2012 19 5.36 132 23.34 31 11.69 365 11.24 2012/2013 28 7.90 105 18.58 24 9.05 384 12.48 Note: The per 100,000 population rate shown has been calculated following Statistics New Zealand annual po...

6. Muller v Yerman [2015] NZIACDT 88 (31 August 2015) [pdf, 99 KB]

   ...decisions is also justified by appropriate concerns about proper judicial administration. There is huge potential for abuse if recusal applications were permitted to be predicated on a party’s subjective perceptions regarding a Judge’s ruling. [101] We know of no common law jurisdiction which accepts that a Judge’s adverse rulings are disqualifying per se. The problem is rather whether an aggrieved litigant should be permitted to seek recusal on the basis of rulings that are eithe...

7. Miller-Hard v Stewart [pdf, 52 KB]

   ...that Mr Ford was saying that he had relied upon Mr Morrison’s expertise, so that if Mr Ford had succeeded in his defence, the Claimant would have been left without a remedy. 3.4 It is one of the responsibilities of the WHRS Assessor, under s.10(1) of the WHRS Act, to give a view as to the persons who should be parties to the claim. In this case, on page 49 of his report, the Assessor listed Mr Morrison as being a person who should be a party to the claim. He describes Mr Morr...

8. Director of Proceedings v Crampton (Costs) [2015] NZHRRT 39 [pdf, 51 KB]

   ...are sought for this period. 4 [10] In relation to the post-legal aid period, were it not for the operation of s 45(2) of the Legal Services Act, costs and disbursements would have been sought in the sum of $8,257.90 made up as follows: [10.1] Sixty-five percent of the total amount of $11,250. [10.2] Disbursements of $945.40. Relevant principles [11] The facts of the present case do not call for an extended discussion of the principles on which costs should be awarded or with...

9. [2009] NZEmpC WC 2/09 Mitchell v Blue Star Print Group (NZ) Ltd [pdf, 33 KB]

   ...– two days (estimate) 100.00 Total Personal Disbursements (partly estimated) 1,090.00 … The plaintiff also respectfully asks the court to consider other disbursements … Hotel Cost from evening of accident 100.00 Towing fees 101.00 Doctors costs that are not covered by ACC 750.00 [5] Mr Mitchell also seeks guidance from the Court whether he could claim the value of an insurance policy he cashed up to contribute to the costs of the proceedings. He also noted...

10. [2015] NZEmpC 108 Nisha v LSG Sky Chefs NZ Ltd [pdf, 102 KB]

    ...an email chain between an officer of the Union and Mr Oldfield for which legal professional privilege is claimed, but will be disclosed to the plaintiff on the same basis of partial waiver of privilege as set out in [36]. [25] Document 101 consists of communications dated 14 December 2010 between Mr Oldfield and union officers. Legal professional privilege is claimed in respect of these communications and is upheld. This document does not need to be disclosed. [26] Documen...