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1. Russia Sanctions Bill [pdf, 180 KB]

   ...subpart of the Bill of Rights Act entitled “life and security of the person”, and the other sections in that subpart all deal with interferences with bodily integrity.8 While it has not received detailed judicial consideration, the Court of Appeal in Lyall v Solicitor-General appears to have proceeded on the assumption that s 9 was applicable to property for forfeiture.9 On this basis, s 9 could arguably apply to financial penalties. 45. In the event that a fine can fall within...

2. Zhang v The First Org Ltd (Strike Out) [2024] NZHRRT 11 [pdf, 163 KB]

   ...condition, or requirement shall be unlawful under that provision unless the person whose conduct or practice is in issue, or who imposes the condition or requirement, establishes good reason for it. [18] That section has been described by the Court of Appeal decision in Ngaronoa v Attorney-General in the following terms: 9 [119] Indirect discrimination under s 65 of the Human Rights Act can arise when a criterion in a law or policy, which is not on its face discriminatory, correspon...

3. Wawatai(Tate) - Estate of Te Raana Waiti (2014) 88 Taitokerau MB 233 (88 TTK 233) [pdf, 110 KB]

   ...variety of estoppel is res judicata. This results from the rule which prevents the parties to a judicial determination from litigating the same question over again, even though the determination is demonstrably wrong. Except in proceedings by way of appeal, the parties bound by the judgment are estopped from questioning it. As between one another, they may neither pursue the same cause of action again, nor may they again litigate any issue which was an essential element in the decis...

4. [2024] NZEnvC 227 Te Mana Moana o Ngati Irapuaia Trust v Bay of Plenty Regional Council [pdf, 1.8 MB]

   Te Mana Moana o Ngāti Irapuaia Trust v Bay of Plenty Regional Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 227 IN THE MATTER OF an appeal under section 120 the Resource Management Act 1991 BETWEEN TE MANA MOANA O NGĀTI IRAPUAIA TRUST (ENV-2023-AKL-000079) Appellant AND BAY OF PLENTY REGIONAL COUNCIL Respondent AND ŌPŌTIKI MARINA AND INDUSTRIAL PARK LIMITED Applicant AND NGĀI TAMAHAUA NGĀ...

5. Wild v Ministry for Primary Industries (Strike Out) [2024] NZHRRT 12 [pdf, 239 KB]

   ...dealt with in accordance with s 98 of the Privacy Act 2020. Section 98 is not a mere technicality. It limits the Tribunal’s jurisdiction to matters that have been dealt with by the Privacy Commissioner in the manner it prescribes. As the Court of Appeal confirmed in Guo v Culpan, s 105 does not allow the scope of proceedings in the Tribunal to be expanded beyond their proper limits.9 [16] Nor does the Tribunal have jurisdiction to review whether the Privacy Commissioner’s inves...

6. Deputy Registrar v Teki-Clark - Tauakira No 2M No 4 (2024) 495 Aotea MB 123 (495 AOT 123) [pdf, 472 KB]

   ...4 Kake - Estate of Aldyth Kake (2020) 209 Taitokerau MB 134 (209 TTK 134). 5 Herewini - Te Tii Mangonui A3 (2019) 192 Taitokerau MB 170 (192 TTK 170). 6 Ratana v Tihi - Ruatoki B Section 23 and others [2021] Maori Appellate Court MB 290 (2021 APPEAL 290) at [19]-[21]. 7 Clarke v Rewha - Hauai No 2G Sec 2B (2019) 186 Taitokerau MB 68 (186 TTK 68). 495 Aotea MB 127 presumption was established in the Clarke v Rewha case because the shed was built on a concrete pad. [15] C...

7. [2024] NZEmpC 254 Rookes v Tillmans Fine Furniture Ltd [pdf, 230 KB]

   ...Alternatively, a challenge may be about part of the determination, specifying any errors of fact or law alleged to have been made.11 The Act and Employment Court Regulations 2000 do not provide for what may be called in other jurisdictions a cross-appeal (or cross-challenge), enabling a defendant to respond with a challenge that would otherwise be out of time. [21] Tillmans’ challenge was limited, crafted so that it preserved those parts of the determination where it succeeded...

8. LCRO 1/2023 EL v OX (17 December 2024) [pdf, 176 KB]

   ...his fees as modest, and rejects any suggestion that they should be refunded. Nature and scope of review [32] The High Court has described a review by this Office in the following way:8 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 invol...

9. B-Application-for-an-Individual-Licence-form_Updated_PDF_Final.pdf [pdf, 207 KB]

   ...section 65 of the Land Transport Act 1998, or an earlier equivalent provision?  Yes  No Have you ever been ordered by a New Zealand court to be imprisoned following conviction for an offence and that conviction or order has not been quashed on appeal?  Yes  No In the last 7 years, have you ever been convicted by a New Zealand court of an offence under the Private Security Personnel and Private Investigators Act 2010 or Private Investigators and Security Guards Act 1974 for...

10. Norman - Nuhaka 2D2MIA3 (2023) 122 Tairāwhiti MB 149 (122 TRW 149) [pdf, 310 KB]

    ...matters is whether the owners have had sufficient notice of the application and sufficient opportunity to discuss and consider it (s 329 (2)a). 15 MacDonald v MacDonald – Wairau Block XII Section 6C2C [2016] Māori Appellate Court MB 259 (2016 APPEAL 259) at [64]-[66]. 122 Tairāwhiti MB 160 [32] As set out above, the applicant has had three meetings with owners to consider the application. These meeting were advertised in a number of media including email, facebook...