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1. Chief Registrar - Matauri X Incorporation [2005] Chief Judge's MB 276 (2005 CJ 276) [pdf, 962 KB]

   ...and s98 the power to appoint counsel and grant Special Aid is vested in the Court. The question arising is whether '1:he Court" includes the Chief Judge acting pursuant to his special powers. Counsel assisting, Mr Wilson QC, provided careful submissions on this point. Mr Wilson concluded that the Court does include the Chief Judge though he accepted that the position was not without doubt. On the basis of that conclusion, he submitted that the Chief Judge does have the pow...

2. [2016] NZEmpC 137 Bennett and Others v Michaels and Others [pdf, 179 KB]

   ...SAMSURI ZAINOL Third Plaintiff AND SEAN MICHAELS First Defendant AND CORPORATE GROUP INTERNATIONAL LIMITED Second Defendant AND CORPORATE CLEANING SERVICES LIMITED Third Defendant AND CORPORATE PROTECTION AND SECURITY INTERNATIONAL LIMITED Fourth Defendant Hearing: 23 June and 1 July 2016 (Heard at Auckland) Appearances: G Bennett, advocate and A Moghadam, counsel for plaintiffs S Michaels, (in person) and on...

3. Shrewsbury v Rothesay LCRO 99 / 2009 (13 November 2009) [pdf, 80 KB]

   ...administration of the estate and had taken advice “with a view to possible action”. Complaint and response [15] The complaint by Mr Shrewsbury at the hearing was fundamentally that Mr Rothesay had failed to administer the estate with due care and that by his negligence the assets of the estate had been diminished. This complaint was particularly directed to the management of the investments of the estate. It was argued by Mr Shrewsbury that Mr Rothesay should have either distr...

4. GR-to-the-LC-report-Third-Review-of-the-Evidence-Act-2006_Final.pdf [pdf, 487 KB]

   ...mātauranga by introducing a new exception to the hearsay rule (recommendation 1) and clarifying the way that prior acquittal evidence is assessed (recommendation 14). 22 The report also recommends that the Ministry of Justice should further examine protections for counselling notes, and other personal records of complainants in sexual and family violence cases, and of parties and children in civil cases. 23 Appendix 1 sets out the full list of recommendations. 24 Many of the recomm...

5. OWRUG - EiC - K L Scott - Planning (5 Feb 2021) [pdf, 1.9 MB]

   ...of the taking and use of water resource can have on waterways are recognised and managed within defined limits. (h) Integration 12 BI-1035600-2-265-V3 There is a strong emphasis on the integration of water and land management including protection of water related and dryland indigenous biodiversity, trout and game bird productivity and enhancement of water quality. (i) Infrastructure The need for sustainable and efficient use of water in existing and new infrastructure i...

6. [2008] NZEmpC WC 17/08 Witcombe v Clerk of the House of Representatives [pdf, 219 KB]

   ...and indeed are very likely to, include particular provisions reflecting the nature of the work of staff of the Clerk. [14] It follows, in my judgment, that Parliament must be taken to have legislated expressly for employment obligations such as protecting the defendant’s employees from unjustified action in, or dismissal from, employment. But it must also be taken to have intended that the statutory mechanisms for challenging such events in employment, including in the courts, wo...

7. Recommendations recap - issue 11 [pdf, 1.2 MB]

   ...per section 71 of the Coroners Act 2006. Similarly, the contents of summaries and recommendations may be edited to comply with any orders made under section 74 of the Act. 3 Contents Adverse Effects or Reactions to Medical/Surgical Care ............................................................................. 4 Aviation Accident ...................................................................................................................................... 4 Ch...

8. Tapiki and Eru v New Zealand Parole Board [2019] NZHRRT 5 [pdf, 403 KB]

   ...with his mother the Special Conditions stipulated that Jesse was to live at her home and not move without the prior written approval of a probation officer. [12] Ms Tapiki explained to the Tribunal that in the lead up to the progress hearing much careful thought and preparation by her and Ms Eru had occurred because given Jesse’s three prior releases and two recalls, they wanted to ensure that this time, with strong family support, he would have a real chance for reintegration into the...

9. Lee v Napier City Council [2010] NZWHT Auckland 8 [pdf, 295 KB]

   ...ensure defects did not occur during construction. In processing the building consent application, the claimants allege the Council should have been mindful of the issues that these inadequacies raised. The Council therefore breached its duty of care to the claimants in approving the building consent application. [47] In Body Corporate 188529 & Ors v North Shore City Council & Ors (No 3)(Sunset Terraces),1 Heath J concluded it was reasonable for the Council to assu...

10. [2015] NZSSAA 84 (13 November 2015) [pdf, 151 KB]

    ...are both aged 16 years or older. (2) Despite subsection (1), a relationship involving a person aged 16 or 17 years is not a de facto relationship unless that person has obtained consent for the relationship in accordance with section 46A of the Care of Children Act 2004. (3) In determining whether 2 people live together as a couple in a relationship in the nature of marriage or civil union, the court or person required to determine the question must have regard to— (a) the context...