Search Results

1. [2007] NZEmpC AC 15/07 Gates v Air New Zealand Ltd [pdf, 35 KB]

   ...principles applicable are not exclusively those of the High Court in civil litigation. The statutory objectives contained in the Employment Relations Act 2000 and applicable to this Court's conduct of litigation are paramount. These include: • s101(a) — a relevant objective of the legislation being that, in resolving employment relationship problems, access to both information and mediation services is more important than adherence to rigid formal procedures; • s143(d) �...

2. Edwards v Capital and Coast DHB (Application for Non-Publication Orders) [2016] NZHRRT 19 [pdf, 53 KB]

   ...[2016] NZHC 433, [2016] NZAR 405. The analysis in Scarborough is in accord with the principles identified in H v S (Interim Anonymisation). In the interests of brevity we refer only to the following points noted by Asher J at [7], [11] and [13]: [10.1] As a general rule, the principle of open justice works against anonymisation of minutes or rulings in civil proceedings. It requires that the parties’ true names be used in a judgment and that the general nature of a proceeding be kn...

3. Data highlights for adults convicted and sentenced June 2018 [pdf, 408 KB]

   ...of different sentence types. Traffic offences are the most common convicted charges When counting convicted charges individually, the most common offence types10 in 2017/2018 were: • traffic offences, such as excess breath alcohol (37,101 convicted charges) • theft (17,858 convicted charges) • offences against justice, such as breaching a community work order (17,112 convicted charges) 1 http://nzdotstat.stats.govt.nz under ‘Justice’. 2 Stats NZ publishes sep...

4. BORA Resource Management Amendment Bill Vet [pdf, 215 KB]

   ...with the Act.” We consider that the application of these powers constitutes a search under s 21 of the Bill of Rights Act. 3 Constitution Act 1986, s 23. 4 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. LEGAL ADVICE LPA 01 01 24 18. The Bill does not expand on the range of search powers currently available under the RMA, but rather extends the use of these powers to the EPA, which mu...

5. WHT Annual Report 2020 [pdf, 272 KB]

   ...respectfully urged to consider reform of the tribunal sector, as briefly discussed later. JURISDICTION AND GENERAL INFORMATION Establishment and Function of the Tribunal The Tribunal is based in Auckland. It was established in 2007 by section 101 of the Weathertight Homes Resolution Services Act 2006 (the Act). It is part of Government’s response to the ‘leaky homes crisis’ enabling claims by the owners of dwellinghouses (stand-alone homes, townhouses and apartments)...

6. Fisheries Amendment Bill [pdf, 217 KB]

   ...liability offences. 12. Strict liability offences may nevertheless be consistent with the Bill of Rights Act if the limits can be demonstrably justified in a free and democratic society, in accordance with 1 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 2 Ministry of Justice Legal Advice – Consistency with the New Zealand Bill of Rights Act 1990: Fisheries (Foreign Charter Vessels and Other Matters) Amendment Bill (24 September 2012). 3...

7. 2023-09-26-SOE_-Peter-Stacey_Air-Quality.pdf [pdf, 192 KB]

   ...with properties within 200 m of the designation be upgraded to minimise the impact of dust deposition effects.8 However, upon 7 Page 59 of Waka Kotahi Conditions (Track Changes Version). 8 Section 87F and 198D Report, at paragraphs [100] – [101]. P a g e | 5 obtaining a better understanding of the potential for dust deposition effects through further information, as assisted by Mr Curtis’ evidence and related discussions, I consider that it is only likely to be proper...

8. FFNZ - EiC - L Hume - Agricultural Science (5 Feb 2021) [pdf, 135 KB]

   ...irrigation systems, reduced yield/production, or crop failure. 10. It has been found that, in an average year, about 65% of consented volume is used, where that volume is designed to provide 90% reliability (fully meet demand in 9 years out of 10)1. Therefore, averages of the actual volumes of water taken for irrigation each year, calculated as described in Schedule 10A.4.4, are likely to be insufficient to provide reliable water supply for irrigation (reliability needs to be at...

9. Reedy - Waitangi A1A2 (2003) 65 Ruatōria MB 168 (65 RUA 168) [pdf, 1.3 MB]

   ...trust order to enter into contracts or arrangements with any person and to apply the revenues arising from the operation of the trust in paying the costs of administration of the affairs of the trust. (Trust Order 44 Rua MB 247-256 & 45 Rua MB 101 clauses 3(d) and 4). In this case that means that where a debt related to the administration of the trust has been proven, the income can be used to settle that debt by way of an order of the Court. Such orders can be ordered by this Court...

10. IAA v van Zyl [2012] NZIACDT 59 (11 September 2012) [pdf, 77 KB]

    ...New Zealand in a misleading manner”. [10] The Authority referred to Wislang v Medical Council of New Zealand [2002] NZAR 573 (CA), and said the correct approach for sanctions in a professional disciplinary context is that the purpose is to: [10.1] punish the practitioner; [10.2] act as a deterrent to other practitioners; and 3 [10.3] reflect the public and the profession’s condemnation and opprobrium of the practitioner’s conduct. [11] The Authority submitted...