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1. Justice Sector forecast 2012 to 2022 [pdf, 1.1 MB]

   ...framework and operational delivery settings could have a significant impact on current and future forecasts. Justice Sector Forecast 2012-2022 Page 13 4. Forecast results 4.1. Prosecutions requiring a Crown Solicitor Crown prosecutions and appeals are mainly undertaken by Crown Solicitors (under the oversight of the Solicitor-General) or lawyers from Crown Law and are funded by Vote Attorney-General. Crown prosecutions tend to be the more serious cases and, though small i...

2. International Covenant on Civil and Political Rights - government reply to issues 5th report [pdf, 458 KB]

   ...inconsistent with the Bill of Rights Act. Such declarations are possible under the Human Rights Act in the context of discrimination law. One declaration has been made to date in respect of age discrimination. That decision is currently under appeal. However, once the appeals process has been exhausted, and if the declaration of inconsistency is upheld by the appellate courts, the Government is obliged to make a formal response in Parliament within four months. Question 3. R...

3. Le Lievre v Muriwhenua Incorporation - Muriwhenua Incorporation (2016) 123 Taitokerau MB 240 (123 TTK 240) [pdf, 303 KB]

   ...right of exclusive possession has been given. The only intention of the parties that matters is their intention as to substantive rights, not their intention as to legal classification. In Fatac Ltd v Commissioner of Inland Revenue the Court of Appeal quoted with approval the following statement made by Windeyer J in Radaich v Smith: Whether the transaction creates a lease or a licence depends upon intention, only in the sense that it depends upon the nature of the right which...

4. [2013] NZEmpC 139 NZ Post Primary Teachers’ Assn v Secretary for Education [pdf, 251 KB]

   ...of problem was filed which included as parties Mr Robert Gray and the Board of Trustees of Cambridge High School. However, in the recent decision of Secretary for Education v New Zealand Educational Institute Te Riu Roa Inc, 1 the Court of Appeal confirmed that the Secretary is both a party to and bound by a collective agreement applicable to employees of the education service. It had not been necessary, therefore, to have the Board of Trustees of Cambridge High School joined i...

5. CAC 10007 v Wallace [2012] NZREADT 34 [pdf, 222 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2012] NZREADT 34 READT 050/10 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN REAL ESTATE AGENTS AUTHORITY (CAC 10007) Complainant/Prosecutor AND JANINE WALLACE Defendant MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Ms J Robson - Member Mr G Denley - Member HEARD at AUCKLAND on 27 and 28 March 2012 DATE OF DECISION: 18 June 2012 COUNSEL Mr S Wi...

6. Cao v Tony Tay and Associates Ltd (in liq) [2010] NZWHT Auckland 26 [pdf, 270 KB]

   ...have also applied for general damages of $50,000 or $25,000 each. Whilst there has been some debate as to whether damages should be awarded on a per dwelling or per owner basis Ellis J concluded in Findlay Family Trust9 that the Byron Avenue10 appeal confirmed the availability of generally damages in leaky building cases in general was $25,000 per dwelling for owner occupiers. Ms Tao and Mr Cao have both suffered considerable stress and difficulty as a result of having a leaky...

7. LCRO 164/2014 WN and JM v SG [pdf, 352 KB]

   ...scope of review [46] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

8. LCRO 85/2016 BA v FE [pdf, 280 KB]

   ...scope of review [46] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:8 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

9. Appendix One to Cabinet Paper Reforming the Privacy Act 1993 [pdf, 378 KB]

   Appendix One: Less substantive recommendations Part A: Recommendations to be implemented Law Commission recommendations # Recommendation Discussion and impacts 3 The Privacy Act should have a purpose section, with specific clauses as drafted by the Law Commission Agree the new Act should have a new purpose section. Final wording (agreed during drafting) will build upon the Law Commission’s suggestions and focus on balancing privacy interests with important social and busi

10. [2018] NZEmpC 79 Hines v Eastland Port Ltd [pdf, 513 KB]

    ...acting upon an honest but mistaken belief is not misconduct (let alone serious misconduct). That submission overstates the position. As noted by this Court in Minhinnick v New Zealand Steel Ltd, the correct approach is that stated in the Court of Appeal in Chief Executive of the Department of Inland Revenue v Buchanan.12 That approach means that even one-off acts of inadvertence, oversight or negligence can, depending on the overall circumstances, amount to serious misconduct just...