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1. International Covenant on Civil and Political Rights - summary record 5th report [pdf, 88 KB]

   ...what role the New Zealand Human Rights Commission would play in that process. Lastly, the Government’s position on the judicial creation of new remedies as stated in the report was inconsistent with that of the Attorney-General in the Court of Appeal in the case of Attorney-General of New Zealand v. Chapman. 36. Referring to question 5, she requested information on how prisoners’ claims currently covered by the Prisoners’ and Victims’ Claims Act would be treated after key pro...

2. Rohipa v Campbell - Estate of Te Maungarongo Wiremu or Morgan Kingi (2008) 184 Gisborne 294 (184 GIS 294) [pdf, 475 KB]

   ...accept her as a whangai. Acceptance by siblings and other members of the whanau is, in terms of the expert evidence of Dr Mahuika, a key element in ascertaining whether a person is a whangai. There is no such acceptance in this case. 53 10 Rotorua Appeal Minute Books 43-54 184 Gisborne MB 309 [33] The evidence also demonstrates that she referred to her older aunts and uncles as just that. They remained her uncles and aunties. [34] There is evidence that this whanau have a hist...

3. EV v IG LCRO 111/2013 (8 September 2015) [pdf, 100 KB]

   ...threshold required for further action. A history of driving with excess breath alcohol and/or some other surrounding circumstance would usually be necessary to warrant further disciplinary action. [66] In Bolton v The Law Society the English Court of Appeal made an observation similar to that made by the High Court of Australia in Ziems, and added that the balancing exercise was to be made “… by the Tribunal as an informed and expert body, on all the facts of the case”.26 [...

4. LCRO 168/2016 WT v MD (30 May 2018) [pdf, 269 KB]

   ...the MD Group could be considered to be somewhat unique and it is not surprising that the potential defence was identified by the Group’s own insurer who would be thoroughly familiar with the law surrounding insurance claims. [92] The Court of Appeal has stated that a lawyer is not liable:22 for mistake in a nice and difficult point of law but he must measure up to the degree of professional competence which would be exercised by the reasonably competent and careful solicitor in th...

5. [2021] NZEnvC 162 Public and Population Health Unit of the Northland District Health Board v Northland Regional Council [pdf, 379 KB]

   Public and Population Health Unit of Northland District Health Board v Northland Regional Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2021] NZEnvC 162 IN THE MATTER OF an appeal under Clause 14 of Schedule 1 of the Resource Management Act 1991 (the Act) AND Topic 8 (Agrichemicals) of the Proposed Northland Regional Plan BETWEEN PUBLIC AND POPULATION HEALTH UNIT OF THE NORTHLAND DISTRICT HEALTH BOARD (ENV-20...

6. Canterbury Westland Standards Committee 2 v Mr U [2024] NZLCDT 4 (9 February 2024) [pdf, 173 KB]

   ...incorporated law firm of regulated services, to comply with a 6 Even if the evidence was otherwise inadmissible, the Tribunal may exercise its discretion to admit such evidence under s 239 of the Act in the interests of justice. As noted by the Court of Appeal in Deliu v National Standards Committee of the New Zealand Law Society [2015] NZCA 399 (at n 31) “The centrality of the evidence to the case and the effects of an inability to cross-examine may be material considerations in its...

7. E35 Peter Kensington - Landscape - EIC - Council [pdf, 2 MB]

   ...prior to joining the Auckland Council. From November 2012 to October 2017, I was a Principal Planner in the Hearings and Resolutions team of the Council’s Resource Consents Department. In that role, I was responsible for the case management of appeals, direct referrals, judicial reviews, objections, hearings and independent duty and hearings commissioner processes in relation to applications for resource consent(s) associated with the geographic area generally defined by the then...

8. [2011] NZEmpC 128 McKean v Ports of Auckland Ltd [pdf, 130 KB]

   ...that they were acting in a union capacity at the time. [26] Analogies can usefully be drawn to the cases relating to disciplinary proceedings for conduct outside of working hours. In Smith v Christchurch Press Company Ltd 11 the Court of Appeal declined to categorise conduct outside of work that might lead to disciplinary proceedings (noting that situations are variable) but held that there must be “a clear relationship between the conduct and the employment”. The Court o...

9. Deputy Registrar - Oharotu 4 (2010) 7 Taitokerau MB 234 (7 TTK 234) [pdf, 86 KB]

   ...freehold parcel. The order was registered in the Land Transfer Office and a provisional title, GSPR 6C/122, issued on 9 September 1997. 7 Taitokerau MB 241 [30] The appellant accepted that the Court had laid off the roadway but argued on appeal that it was not comprised in a “separate instrument of title” in terms of s 427(1) and that subsequent purchasers of land to which the roadway gave access therefore did not receive any interests in the roadway and were not entit...

10. Directory of Official Information A-C [pdf, 1.5 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...