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1. Regulatory Impact Statement: Amendments to the Sentencing Act 2002 [pdf, 1 MB]

   ...of trauma and abuse in the backgrounds of young offenders, is a logical mitigation at each and every sentencing. With regard to remorse, judges already take into account prior offending as an aggravating factor at sentencing. Preventing its repeat application may only serve to disincentivise offenders from taking steps to engage with the harm they have caused, including through restorative justice, which can be of great benefit to victims. Regulatory Impact Statement | 3 F...

2. Piontecki v REAA & Davies [2014] NZREADT 61 [pdf, 71 KB]

   ...about the potential roading development in the area. She also spoke with her manager at the Hamilton office, Stephen Shale, about what she could do to ensure that prospective purchaser of properties within or near the area of investigation were informed of the issue. Mr Shale and Ms Davies agreed that she should explain the area under investigation and give prospective purchasers A3 colour copies of the map and information sheet from the NZTA website. [15] Ms Davies kept several spare...

3. [2018] NZEmpC 69 A Labour Inspector v Sampan Restaurant Ltd [pdf, 343 KB]

   ...(the Authority) of two questions of law. The reference is made pursuant to s 177 of the Employment Relations Act 2000 (the Act). In this judgment, the parties are referred to as plaintiff and defendants. In the Authority proceedings, they are applicant and respondents. [2] For the purposes of the reference, a summary of the appropriate material facts is contained in the Authority’s referral and is set out as follows: [2] The Labour Inspector (Ms Wendy Higgins) seeks the im...

4. Annexure 4 - Water Quality [pdf, 244 KB]

   ...19 State and Trends Report at [123]. 20 State and Trends Report at [15.2]. 11 Other Evidence [39] As one the witnesses who gave evidence on water quality, Dr D Olsen for OWRUG was critical of the water quality analysis in the Skelton Report claiming this to be fragmentary and in some cases inaccurate.21 He did not comment, however, in his written evidence on either the State of Lake and River Water Quality in the Otago Region report or the State and Trends Report as they had n...

5. [2021] NZREADT 21 - Kemp & Scoble (5 May 2021) [pdf, 268 KB]

   ...[40]. 5 At [53]. 6 At [42]–[43]. 7 At [26]. 8 At [29]. Committee’s submission that the recommendation to obtain a building report fell well short of what was required under the Rules.9 [17] The Tribunal rejected the defendants’ claim that r 10.7 only obliged them to disclose defects if they had actual knowledge of an actual defect and concluded that their decision that they did not need to disclose the party wall issue was a serious departure from acceptable stand...

6. Enabling-a-four-year-term-of-Parliament_ReleasePack_FINAL.pdf [pdf, 2 MB]

   ...Enabling a four-year term of Parliament Date of issue: 04 March 2025 The following documents have been proactively released in accordance with Cabinet Office Circular CO (23) 4. Some information has been withheld on the basis that it would not, if requested under the Official Information Act 1982 (OIA), be released. Where that is the case, the relevant section of the OIA has been noted and no public interest has been identified that would outweigh the reasons for withholding it....

7. [2013] NZEmpC 89 NZ Dairy Workers Union Inc v Fonterra Brands (NZ) Ltd [pdf, 105 KB]

   ...to all employees within the affected workgroup(s). (b) The proposal must show/detail: i. The workgroups covered by the proposal ii. Hours of work, inclusive of start and finish times iii. Smoko and meal time intervals iv. All payments applicable within this agreement (c) Adequate time will be made for employees and the union to consult on this proposal. (d) The Union will conduct a ballot, as per Union Rules, with the affected workgroup on the basis that a proposal will...

8. Vining Realty Group Limited v The Real Estate Agents Authority (CAC 408) [2017] NZREADT 57 [pdf, 209 KB]

   ...characterised by [Mr Reed], he would have enquired further and required compliance with ss 134 and 135 of the Act. [18] The Committee accepted that the Agency had policies and procedures in place relating to staff purchases, and that it took the application of ss 134 and 135 seriously. It also accepted that specific training on the topic had been given in 2014. However, the Committee considered that:10 … the failure to detect that the Sole Agency listing was purchased by [Mr R...

9. Boyce and Bates v The Real Estate Agents Authority [2017] NZREADT 40 [pdf, 151 KB]

   ...second respondents applied to Land Information New Zealand (“LINZ”) to extinguish the right of way easement, on the grounds that as a result of the creation of Lot 1 the right of way could not be used to access Lot 1 and was redundant. The application was rejected. In a letter setting out its reasons for rejecting the application (“the LINZ letter”), LINZ said: … In order for an easement to be considered redundant under section 70(2) of the Land Transfer Act 1952 it need...

10. Fergusson v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 119 [pdf, 194 KB]

    ...overriding goals, minimising both the overall incidence of injury in the community, and the impact of injury on the community (including economic, social, and personal costs), through— … 6 (d) ensuring that, during their rehabilitation, claimants receive fair compensation for loss from injury, including fair determination of weekly compensation … [23] Section 15 provides: (1) Earnings as a shareholder-employee, in relation to a person who is a shareholder-employee...