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1. BORA Misuse of Drugs Amendment Bill [pdf, 171 KB]

   ...presumption of innocence. Most notably, the cases of R v Oakes (1986) 26 DLR (4th) 200) Canadian Supreme Court, S v Bhulwana; S v Gwadiso (1995) 2 SACR 748, South African Constitutional Court and R v Sin Yau-Ming [1992] LRC (Const) 547, Hong Kong Court of Appeal. We note particularly the comment of the Supreme Court of Canada in Oakes that the right to be presumed innocent until proven guilty requires that guilt must be proven beyond reasonable doubt, and that it is the State which must...

2. Whaanga v Whaanga - Town Section 90 Mahia and Town Section 91 Mahia (2014) 42 Tairawhiti MB 292 (42 TRW 292) [pdf, 202 KB]

   ...[15] On 1 October 1997 succession orders were made at 98 Wairoa MB 7-24 in respect to Ihaka Whaanga’s estate. An order was also made changing the status of sections 90 and 91 from General land to Māori land pursuant to s 133 of TTWM. [16] Mac appealed these orders to the Māori Appellate Court. On 24 February 2000 2 the Appellate Court dismissed the appeal with respect to the status order but cancelled the succession orders because it found that the lower Court had made the succ...

3. Application for approval to provide legal aid services [pdf, 680 KB]

   ...Level 1 Criminal Provider approval Level 2 Criminal Provider approval Level 3 Criminal Provider approval Level 4 Family Mental Health Māori Land Court and Māori appellate Court Waitangi Tribunal Refugee and Protected Persons Court of appeal and Supreme Court employment advocate Specified legal services Duty Lawyer Police Detention Legal assistance (PDLa) i am applying for approval as a supervised provider in the following areas of law: Civil Criminal Family...

4. [2020] NZEmpC 172 New Zealand Technology Group Hawkes Bay Ltd v Flashoff [pdf, 340 KB]

   ...freezing order could be made, the Court had to be satisfied that the applicant had a “good arguable case on an accrued or prospective cause of action” against the respondent.4 The Court was satisfied to the necessary standard. [24] The Court of Appeal has confirmed that a good arguable case is established if the allegations in the proposed claim are capable of tenable argument and are supported by sufficient evidence, bearing in mind the early stage at which the application is...

5. [2015] NZEmpC 209 Ale v Kids At Home Ltd [pdf, 145 KB]

   ...background to the events that should be compensated for. [26] I do not read the judgment as authority for the proposition that pre-90-day events morph into in-time grievances simply because they form part of the background context. As the Court of Appeal observed in Waikato District Health Board v Clear, there can be no separate liability on an employer based on out of time actions or events. 7 The point was also emphasised in Coy v Commissioner of Police where it was held that:...

6. LCRO 186/2022 DV v AW (30 October 2023) [pdf, 208 KB]

   ...did not wish to incur further costs by actively participating in the review. Nature and scope of review [64] The High Court has described a review by this Office in the following way:17 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It invo...

7. [2024] NZEmpC 98 Crichton v Dig Tip Earthworks Ltd Anor [pdf, 257 KB]

   ...and (ab) the terms may not be cancelled under sections 36 to 40 of the Contract and Commercial Law Act 2017; and (b) except for enforcement purposes, no party may seek to bring those terms before the Authority or the court, whether by action, appeal, application for review, or otherwise. (3A)… (4) A person who breaches an agreed term of settlement to which subsection (3) applies is liable to a penalty imposed by the Authority. [16] Section 151 provides: 151 Enforcemen...

8. [2010] NZEmpC 30 Minhinnick V NZ Steel Ltd [pdf, 53 KB]

   ...Nevertheless it has applicability in light of the issue which has been raised in respect of the expired warning. Judge Travis at para [49] of the decision stated as follows: [49] Further, the authorities cited by counsel, including Reid in the Court of Appeal, make it clear that the policy does not necessarily have to be followed to the letter. This flexibility in considering the actions of an employer which has failed to follow its own policy has been enhanced by the introduction...

9. LCRO 167/2022 LY v SN, MB, TD and KV (8 September 2023) [pdf, 212 KB]

   ...paid for the house, and what the next lowest bidder was prepared to pay”. [58] [Law firm B] referred to matters relating to causation to dispute the possibility of any order for compensation being entertained. They then refer to the Court of Appeal judgment in Roberts v Jules Consultancy Limited (in liquidation).12 In that case, the Court held that “the normal measure of loss in such a case (often termed a “no transaction” case) is the difference between the price paid and th...

10. [2023] NZEnvC 073 Napier City Council v McMillan [pdf, 396 KB]

    ...many exceptions that it could not truly be used as a scale. Nonetheless, experience has shown that many of the Court’s awards have tended to fall within four bands, as follows: (a) no costs, which is normally the position in relation to plan appeals under Schedule 1 to the Act or in cases where some aspect of the public interest counts against any award being made; (b) standard costs, which generally fall between 25 – 33% of the costs actually and reasonably incurred by a suc...