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1. Victims Code report PDF [pdf, 424 KB]

   ...the accused. While the actors in an adversarial system are equal and opposing parties, in an inquisitorial system the accused is not a party to proceedings to the same extent.24 Victims have a stronger role in inquisitorial proceedings. They can appeal against decisions to lay charges, act as a subsidiary prosecutor, and participate directly and ask questions of witnesses. These rights differ across the various European jurisdictions.25 For victims, the key elements of each system a...

2. Directory of Official Information J-L [pdf, 765 KB]

   ...Canterbury Earthquake Insurance Tribunal, and a wide range of other committees, tribunals and authorities that are judicial or quasi-judicial. • Senior Courts is responsible for the administration, case management and services that support the Court of Appeal, High Court sole registries in Auckland, Wellington 12 and Christchurch, and combined High and District Court registries in Whangārei, Hamilton, Tauranga, Rotorua, Gisborne, Napier, New Plymouth, Whanganui, Palmerston No...

3. Waitangi Tribunal - Interim report on the MV Rena and Motiti Island claims [pdf, 2.2 MB]

   ...footnotes checked (and corrected where necessary), and maps modified, added, or replaced . Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz ABBREVIATIONS AIP agreement in principle app appendix CA Court of Appeal ch chapter comp compiler doc document ed edition, editor fn footnote fol folio ltd limited MNZ Maritime New Zealand no number NZLR New Zealand Law Reports p, pp page, pages para paragraph pt part RMA Resource Mangament Act 1991 ROI reco...

4. [2020] NZEnvC 104 Lindis Catchment Group Incorporated v Otago Regional Council [pdf, 3.7 MB]

   ...lodge an agreed set of conditions or alternatively, memoranda detailing the differences by 31 January 2020. The time for compliance with those directions was subsequently extended to 17 February 2020. While the (First) Interim Decision has been appealed to the High Court by a section 274 party, the Otago Fish and Game Council Incorporated ("Fish and Game"), it is desirable to settle the operating conditions in the meantime and this second interim decision is a large step i...

5. Directory of Official Information 2019 J-L [pdf, 834 KB]

   ...Canterbury Earthquake Insurance Tribunal, and a wide range of other committees, tribunals and authorities that are judicial or quasi-judicial. • Senior Courts is responsible for the administration, case management and services that support the Court of Appeal, High Court sole registries in Auckland, Wellington and Christchurch, and combined High and District Court registries in Whangārei, Hamilton, Tauranga, Rotorua, Gisborne, Napier, New Plymouth, Whanganui, Palmerston North, Nelson...

6. [2021] NZEmpC 205 WXN v Auckland International Airport Ltd [pdf, 455 KB]

   ...trust and confidence, but also on a legislative requirement for good faith behaviour; and by acknowledging and addressing the inherent inequality of power in employment relationships. [72] In NZ Tax Refunds Ltd v Brooks Homes Ltd, the Court of Appeal confirmed the following interim injunction principles:12 The approach to an application for an interim injunction is well-established. The applicant must first establish that there is a serious question to be tried or, put another w...

7. [2014] NZEmpC 134 Booth v Big Kahuna Holdings Ltd [pdf, 197 KB]

   ...the workplace following Mr Booth’s dismissal, would likely have compromised any continued employment for the six month post termination period claimed on behalf of the plaintiff, applying a counter-factual analysis. However, while the Court of Appeal has said that such an analysis must allow for “all contingencies which might … have resulted in the termination of the employee’s employment”, 12 I do not take this to include the possibility that an employer might have fou...

8. Justice Sector forecast 2011 to 2021 update quarter ending March 2012 [pdf, 1.2 MB]

   ...Crown Law case inflow remains above the forecast level. Data notes Crown Law inflow and caseload measure the number of more serious cases that are handled by Crown Law solicitors. These include, for example, all indictable-only cases and appeals. The different types of case handled by Crown Law take different lengths of time, and an inflow measure alone does not give a full indication of the workload faced. The active caseload measure is obtained by combining projections of...

9. Johnston v Abide Homes Limited [pdf, 140 KB]

   ...valuable benefit by carrying out, or engaging others to carry out, development work, whether in trade or otherwise.” The Tribunal is only bound by decisions of a higher court therefore I am not bound by this decision. [83] The Court of Appeal has described a developer as acquiring land, subdividing it and building homes on the lots for sale to members of the general public.6 Harrison J addressed the definition of a developer in his decision of Body Corporate 188273 v Le...

10. 2021-03-16 Transcript to end of day 5 [pdf, 2 MB]

    ...force following the Council’s decision on proposed change 5 10 OTAGO REGIONAL COUNCIL PLAN CHANGE 7 – ENV-ENV-2020-CHC-127 (08 Mar 2021) to the Hawke’s Bay Regional Resource Management Plan, but prior to the Environment Court hearing the appeal on 3 and 4 December 2014): [16] Since the Supreme Court judgement in EDS v NZ King Salmon Co Ltd [2014] NZRMA 195 there has been an increased awareness of the need to consider the hierarchy of planning documents, and the degree of...