Search Results

1. Proactive-release-OIA-review-Aug22.pdf [pdf, 30 MB]

   ...Rules around review of decisions Some submitters were concerned that the Ombudsman does not have enough powers and, that the Ombudsman’s recommendations are not binding on agencies. Several submitters also commented that there is no ability to appeal or judicially review the Ombudsman’s recommendations. RE LE AS ED B Y TH E MIN IS TE R OF JU ST IC E 17 Protection against certain actions Around 5% of submitters expressed concern that the protections afforded to re...

2. OIA-104954.pdf [pdf, 1.1 MB]

   ... Women Public Toilet ‐ Ground Floor ‐ Flood in the toilet $129.79 MSD10090379 15/02/2019 Wellington ‐ District Court Level 4, Court Room 9 ‐ The defendant seat is broken $82.92 MSD10092741 20/02/2019 Wellington ‐ Court of Appeal Ground floor, Public toilet ‐ Water leaking from the bottom of the toilet base $89.44 MSD10092976 21/02/2019 Te Awamutu ‐ District Court Damaged Trellis (Fencing) outside the Court Building $458.43 MSD...

3. 27-Sept-2022-Redacted-SAR-for-publication-suggested-redactions2.pdf [pdf, 5.6 MB]

   ...There are potential disproportionate outcomes due to the potential loss of the main form of transport in situations where a family or work vehicle is impounded. However, under the LTA, an owner whose motor vehicle has been seized and impounded may appeal against such action to the: • Police, under s102, and • the District Court, under s110 (if a person has unsuccessfully appealed under s102). 183. Offences in relation to careless driving causing injury or death (s38 LTA) or fa...

4. August National Panui 2020 [pdf, 494 KB]

   ...34 NATIONAL PÄNUI - Here-Turi-Köka / AUGUST 2020 MÄORI APPELLATE COURT At Hamilton | Mäori Land Court, Level 2, BNZ Centre 354-358 Victoria Street, Hamilton Wednesday 5 August 2020 | Judges C M Wainwright (Presiding), S F Reeves, T M Wara Appeal for Hearing PÄNUI NO: TIME: APPLICATION NO: SECTION: APPLICANT: SUBJECT: AAug1 10:00AM A20200004983 58/93 John Thornton McLeod Appeal 2020/3 - Harataunga West 2B 2A 1 (Te Paea o Hauraki Mäori Reservation) and a decision of the Court...

5. Supplementary Analysis Report Criminal Activity Intervention Legislation Bill [pdf, 5.6 MB]

   ...There are potential disproportionate outcomes due to the potential loss of the main form of transport in situations where a family or work vehicle is impounded. However, under the LTA, an owner whose motor vehicle has been seized and impounded may appeal against such action to the: • Police, under s102, and • the District Court, under s110 (if a person has unsuccessfully appealed under s102). 183. Offences in relation to careless driving causing injury or death (s38 LTA) or fa...

6. [2016] NZEmpC 165 Lawson v NZ Transport Agency [pdf, 463 KB]

   ...Court’s task is to examine objectively the employer’s decision-making process and determine whether what the employer did, and how it was done, were steps which were open to a fair and reasonable employer. 7 [165] Recently, the Court of Appeal emphasised this point in A Ltd v H. 8 It said: 9 It is apparent that the effect of the statute is that there may be a variety of ways of achieving a fair and reasonable result in a particular case. As the Court in Angus observed,...

7. MLC February 2020 National Panui [pdf, 365 KB]

   ...Street, Whangärei Monday 17 February 2020 | Judge Clark, Judge Coxhead, Judge Stone presiding Application for Hearing PÄNUI NO: TIME: APPLICATION NO: SECTION: APPLICANT: SUBJECT: A1 10:00AM A20190007602 58/93 Horomona Herewini, Erehi Herewini Appeal 2019/12 – Te Tii Mangonui A3 and an order of the Mäori Land Court made on 27 Juine 2019 at 192 Taitokerau MB 170-176 – Notice of Appeal At Rotorua | Mäori Land Court, Hauora House, 1143 Haupapa Street, Rotorua Tuesday 18 February...

8. [2015] NZEmpC 57 Q v Commissioner of Police [pdf, 719 KB]

   ...the language of the Code is straightforward; it is easy to understand, and Mr Q appropriately accepted that he was aware of his obligations. [96] Furthermore, in Chief Executive of the Department of Inland Revenue v Buchanan 18 the Court of Appeal made it clear that the proper approach is to consider whether, in all the circumstances of the case, the employee could be expected to know of relevant obligations. It was held that where the employer had made a

9. Wilton TRI-2021-100-002 [2023] NZWHT AUCKLAND 01 [pdf, 629 KB]

   ...negligent instructions, I also find that Deane Fluit Builder had a duty to warn the claimants of the possible issues that could arise if Mr Wilton’s instructions were carried out. In Carter Holt Harvey Ltd v Minister of Education, the Court of Appeal held that Carter Holt Harvey had a duty of care to warn of the characteristic risks of cladding system products.85 This duty to warn arose from the imbalance in the information held by a manufacturer as compared with the consumer a...

10. Waitangi Tribunal - issue 69 of Te Manutukutuku [pdf, 2.5 MB]

    ...dispossessed of their land and fishing rights since 1840. TREATY PRINCIPLES AND BINDING POWERS The Tribunal’s initial work in identifying and articulating the Treaty principles by which it assessed claims received a considerable boost from the Court of Appeal’s Lands judgments of 1987 on challenges to the privatisation of state assets under the State-Owned Enterprises Act 1986. The Act included safeguards for Māori interests: ‘Nothing in this Act’, s 9 stated, ‘shall perm...