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1. Mullane v Attorney-General (Request for Documents) [2020] NZHRRT 14 [pdf, 621 KB]

   ...following comments by way of assistance: [10.1] The order made by the Tribunal at [117] of its decision prohibiting search of the Tribunal file and directing that Mr Mullane and the Police be notified of any request to search the file was sufficient to protect the evidence on the Tribunal’s file. [10.2] In any event the Public Records Act 2005 appeared to prohibit the removal or destruction of a judicial record. 4 [10.3] It was unclear whether Mr Mullane intended his application...

2. BORA-Advice-Education-and-Training-Amendment-Bill.pdf [pdf, 259 KB]

   ...movement are demonstrably justified under s 5 of the Bill of Rights Act. As with similar advice given on a previous Bill,3 we note that the purpose of these kinds of provisions is to minimise disruption to the delivery of education for students, and protect the health, safety, and wellbeing of students. The provisions are therefore rationally connected to these objectives and minimally impair freedom of association and movement. 2 Moncrief-Spittle v Regional Facilities Auckland Limite...

3. YA & AZ v BT [2024] NZDT 765 (22 November 2024) [pdf, 118 KB]

   ...an adequate fence. The photographs show it is a healthy and attractive hedge. Based on the photographs I also accept NT’s evidence that the hedge provides adequate privacy because it is obviously healthy and thick, and provides sufficient visual protection. I accept the evidence provided by BT earlier that it is a non-invasive type of hedge and its roots do not endanger services or foundations on either property. Moreover, the photographs show that the hedge does not grow into the applic...

4. LCRO 182/2017 TP v ZN (14 September 2020) [pdf, 414 KB]

   ...document itself prominently refers to the arrangement between [Firm B] and Mrs ZN as being a “Partnership [Programme]”. 3 [15] Several days after he lodged the proceedings, Mr TP provided Mrs ZN with what is generally known as client care information, spread across three different documents. This included information about Mr TP’s fees. I discuss that material in more detail later in my decision. [16] Between 2014 and 2016 there were unsuccessful attempts by Mrs ZN and...

5. [2019] NZEnvC 041 Oceana Gold New Zealand Limited v Otago Regional Council [pdf, 1.3 MB]

   ...AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC41 of the Resource Management Act 1991 of appeals under clause 14 of Schedule 1 to the Act OCEANA GOLD (NEW ZEALAND) LIMITED (ENV-2016-CHC-103) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2016-CHC-102) ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2016-CHC-122) Appellants OTAGO REGIONAL COUNCIL Respondent Court: Environment Judge J R Jackson Environment Commis...

6. Impact summary RIA Extended Control Orders [pdf, 369 KB]

   ...conditions) there are limited options for managing any ongoing terrorism related public safety risk posed by the individual. New Zealand does have post sentence orders for managing some types of offenders (Extended Supervision Orders (ESOs) and Public Protection Orders (PPOs)) but these do not cover terrorism offenders. Under the status quo agencies can interact with individuals, however there is not ability to place requirements upon the person that would help limit the public safe...

7. LCRO 3/2024 RP v TG (21 May 2024) [pdf, 262 KB]

   ...make such payment, neither party will have any right or claim against the other as a result of such cancellation. 4 [16] On 11 January 2021, Ms NJ obtained an extension of the finance condition to 25 January 2021 and emailed the firm’s client care information and terms of engagement to the applicant. The firm quoted a modest fixed sum for acting on the purchase, subject to various exceptions, and hourly rates for work falling outside “the summary above”. [17] At about this t...

8. PC8 Urban Common Bundle - Volume 2 [pdf, 7.6 MB]

   ...relationship with the natural environment, including fresh water, through shared whakapapa. Iwi and hapū recognise the importance of fresh water in supporting a healthy ecosystem, including human health, and have a reciprocal obligation as kaitiaki to protect freshwater quality. New Zealand’s rivers and lakes should be safe for primary contact as often as possible. The Government has set a national target of 90% of specified rivers and lakes to be safe for primary contact by 2040. T...

9. [2020] NZEmpC 225 Davis v Idea Services Ltd [pdf, 368 KB]

   ...operations the hazards in the workplace may include challenging behaviour of service users. [5] It is pleaded for Ms Davis that ISL acted unjustifiably and/or breached these terms by: a) failing to have the service user’s disability treatment and care reassessed prior to November 2016, as requested by Ms Davis; 1 Davis v Idea Services Ltd [2019] NZERA 610 (Member Loftus). 2 The term of the IEA placed before the Court was from 21 October 2014 to 20 October 2016. Both par...

10. [2017] NZEmpC 39 ALA v ITE [pdf, 317 KB]

    ...2000 (the Act), and indemnity costs. 1 ITE v ALA [2016] NZEmpC 42. [3] ITE strongly contests the application, stating in essence that the publications or communications he made are protected by a principle of qualified privilege. Key facts The compliance orders [4] It is first necessary to describe the background facts which gave rise to the making of the compliance order. Judge Inglis found that in summary these we...