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1. 2018 archive

   ...the criminal jurisdiction. Within this review, the Legal Services Commissioner is proposing to combine the family/civil application form with the criminal application forms. These are: Form 1 Crown ProsecutionForm 1a Police ProsecutionForm 12 Court of Appeal or Supreme Court. I would welcome your feedback as it will help ensure the new form is fit for purpose and meets the needs of our customers, providers and Legal Aid Services. The consultation page is located at consultations.justice.govt....

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2. LCRO 36/2021 ED v MR and FR (14 April 2022) [pdf, 242 KB]

   ...and Mrs FR’s responses, largely repeat information provided to the Standards Committee. Scope of review [46] The High Court has described a review by this Office in the following way:22 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 inv...

3. [2014] NZEmpC 49 Patel v OCS Ltd [pdf, 117 KB]

   ...refers to pressure and threats made against her. I was not drawn to Ms Patel’s evidence in relation to the interactions she says she had with Mrs Vaifoou. I preferred Mrs Vaifoou’s evidence as to what transpired. [59] The Court of Appeal in Salt v Fell 2 confirmed that subsequently discovered misconduct may be taken into account when making an assessment of remedies, observing that: 3 Everyone accepts that subsequently discovered misconduct might result in reinst...

4. Deputy Registrar - Moteo Estate Trust (2017) 58 Takitimu MB 137 (58 TKT 137) [pdf, 402 KB]

   ...trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise). [49] It is trite law that the paramount duty of trustees is to obey their terms of trust. In Rameka v Hall the Court of Appeal confirmed that: 19 [28] The general responsibilities of responsible trustees are set out in s 223 of the Act. That section refers to the following: (a) Carrying out the terms of the trust: (b) The proper administration and ma...

5. [2019] NZEmpC 129 A v N Ltd [pdf, 291 KB]

   ...irregularities. A in this case should, therefore, have been entitled to the remedy of reimbursement for wages lost because of the grievance.2 1 A v N Ltd [2018] NZERA Auckland 248. 2 The Court of Appeal in Waitakere City Council v Ioane [2004] 2 ERNZ 194 (CA) at [22]-[26] and Telecom NZ Ltd v Nutter [2004] 1 ERNZ 315 (CA) at [81] suggested a “loss of chance” approach should be used. The implication is that, if the dismissal was...

6. Rebecca Liv Stirnemann - Evidence in Chief [pdf, 699 KB]

   BEFORE THE ENVIRONMENT COURT Auckland Registry ENV-2015-AKL-0000134 IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANA TRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Res~ondent STATEMENT OF EVIDENCE OF REBECCA LIV STIRNEMANN ON BEHALF OF THE ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INC Royal Forest and Bird Protection Society of New Zealand...

7. Directory of Official Information 2019 A-C [pdf, 1.6 MB]

   ...Consent Authorities • Physical Sciences • Medical Testing • Metrology and Calibration • Radiology Services. Chairpersons of each PAC are members of the Accreditation Advisory Committee (AAC). The AAC and/or the Council may adjudicate any appeals arising from IANZ accreditations. Records Records are maintained on client registrations, assessments, reports and correspondences. A directory of IANZ accreditations is maintained and made available for public viewing on www.ian...

8. [2014] NZEmpC 194 Commissioner of Police v Coffey [pdf, 127 KB]

   ...for instance, to really sedation or recession. In this context, the parties' intentions, the width of the changes and the nature of those changes will all be relevant considerations. [45] In the recent case of Teat v Willcocks the Court of Appeal, in considering whether a contract had been varied, said: 10 Although the position is not yet settled, we consider that consideration in the form of the benefit "in practice" is sufficient to support a binding variation....

9. [2010] NZEmpC 103 Coy v Commissioner of Police [pdf, 75 KB]

   ...most proceedings, this Court is cautious about accepting expert opinion evidence on the ultimate issue for the Court’s decision. Such evidence will be allowed where it will assist the Court: X at para [37] adopting the approach of the Court of Appeal in Attorney-General v Equiticorp Industries Group Ltd (in statutory management).3 [15] Ms McKechnie submitted, however, that advocacy masquerading as evidence will not assist the Court and should not be given. Again in X the Court...

10. Davis - Whangaruru Whakaturia 1D6B9A-D (2006) 108 Whangarei MB 219 (108 WH 219) [pdf, 4.2 MB]

    ...Orokawa 3B - Loma Cleave (1995) 4 APWH MB 95; ill re Make/II 2A2 - While (1999) 1 APWAR MB 116; ill re Papamoa 2A1 - Arapeta Hoko (2003) 20 APWM MB 167 and ill re Orokawa 3B - Regelillg (2004) 6 APWH MB 157. I have also had regard to the Court of Appeal decision in Brllce v Edwards (2003) I NZLR SIS and the decision of the full bench of the High Court in Browll v Maori Appellate COllrt (2001)1 NZLR 87. [58) These decisions make it clear that, because of the Preamble and sections 2 a...