Search Results

1. EMPC - Pro bono assistance service application [pdf, 296 KB]

   ...Employment Court at Level 2, 41 Federal Street. Appointments are held weekly on Wednesdays between 1:00 - 2:00 pm. You will be required to pay the filing fee at this appointment. You can pay the fee by cash or cheque made out to the Ministry of Justice. If you are not eligible, the Service will confirm the decision in writing. Time Limits Date the Employment Relations Authority determination was issued: Note: A challenge to an Employment Relations Authority determin...

2. Fisheries Amendment Bill [pdf, 217 KB]

   ...be consistent with the Bill of Rights Act if the limits can be demonstrably justified in a free and democratic society, in accordance with 1 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 2 Ministry of Justice Legal Advice – Consistency with the New Zealand Bill of Rights Act 1990: Fisheries (Foreign Charter Vessels and Other Matters) Amendment Bill (24 September 2012). 3 R v Wholesale Travel Group (1992) 84 DLR (4th) 161, 188 citing R v Oa...

3. Barfoot & Thompson v Real Estate Agents Authority & Ors [2016] NZREADT 74 [pdf, 190 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2016] NZREADT 74 READT 13/16 UNDER THE REAL ESTATE AGENTS ACT 2008 IN THE MATTER OF AN APPEAL UNDER SECTION 111 OF THE ACT BETWEEN BARFOOT & THOMPSON LIMITED and SUZANNE SAYWELL Applicants AND THE REAL ESTATE AGENTS AUTHORITY (CAC) First Respondent AND TREVOR WATT and ROBYN WATT Second Respondents Tribunal: Ms K Davenport QC – Chairperson Ms C Sandelin...

4. Misuse of Drugs Amendment Bill [pdf, 151 KB]

   ...s 5 if it were set at a high enough level to reduce or avoid the possibility of wrongful convictions resulting from operation of the presumption. Tipping J stated:4 “…it becomes crucial at what quantity of the drug the presumption is fixed. It matters whether the trigger amount is set on the basis that possession of such an amount raises a bare probability that the purpose of the possession is supply, a high probability that such is the accused’s purpose, or a near certainty. The hi...

5. BORA Video Camera Surveillance (Temporary Measures) Bill [pdf, 320 KB]

   ...of crime) against any intrusions on individual interests (the reasonable expectation of privacy). [7] • Reasonableness can only be assessed in light of the facts and circumstances of a particular case. It will depend upon both the “subject matter” and the unique combination of “time, place and circumstance” of a particular case. [8] A search is unreasonable if the circumstances giving rise to it make the search itself unreasonable or if a search which would otherwise be...

6. Naidu v Royal Australasian College of Surgeons (Costs) [2018] NZHRRT 33 [pdf, 95 KB]

   ...is in the following terms: 92L Costs (1) In any proceedings under section 92B or section 92E or section 97, the Tribunal may make any award as to costs that it thinks fit, whether or not it grants any other remedy. (2) Without limiting the matters that the Tribunal may consider in determining whether to make an award of costs under this section, the Tribunal may take into account whether, and to what extent, any party to the proceedings— (a) has participated in good faith in th...

7. Tane v Tanetinorau Opataia Whanau Trust - Hauturu East 7 [2013] Chief Judge's MB 119 (2013 CJ 119) [pdf, 673 KB]

   2013 Chief Judge's MB 119 IN THE MAORI LAND COURT OF NEW ZEALAND WAITKATO-MANIAPOTO DISTRICT Hearing: Appearances: Judgment: Solicitors: AlOOS0016575 CJ2009/S UNDER Section 45 ofTe Ture Whenua Maori Act 1993 IN THE MATTER OF Hauturu East 7,12,13,14 and Section 44 Block X Orahiri Survey District BETWEEN NORMAN TANE Applicant AND TANETINORAU OPATAIA WHANAU TRUST and TANETINORAU OPATAIA WHANAU AHU WHENUA TRUST Respondents 17 June 2011, 2011 ChiefJudge's MB 17...

8. BORA Manukau City Council (Regulation of Prostitution in Specified Places) Bill [pdf, 315 KB]

   ...do not cause a nuisance or serious offence to ordinary members of the public using the specified area, or because the activities or behaviour are incompatible with the existing character of the area. 26. Whether the defence turns on a particular matter that is peculiarly within the knowledge of the defendant is also a relevant consideration. [11] In such cases, it may be more appropriate for the defendant to explain why he or she took (or failed to take) a particular course of action in...

9. [2020] NZEnvC 136 Environmental Defence Society Incorporated v New Zealand Aluminium Smelters [pdf, 217 KB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2020] NZEnvC 136 IN THE MATTER of the Resource Management Act 1991 AND of an application for declarations under s 310 of the Act BETWEEN ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2020-CHC-99) Applicant AND NEW ZEALAND ALUMINIUM SMELTERS LIMITED Respondent Court: Environment Judge J E Borthwick Sitting alone under section 279 of the Act Hearing:...

10. [2020] NZEmpC 38 Goleman Wellington Cleaning Ltd v Nicolle [pdf, 323 KB]

    ...GOLEMAN WELLINGTON CLEANING LIMITED v MICHAEL NICOLLE [2020] NZEmpC 38 [6 April 2020] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2020] NZEmpC 38 EMPC 33/2019 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN GOLEMAN WELLINGTON CLEANING LIMITED Plaintiff AND MICHAEL NICOLLE Defendant Hearing: On the papers Appearanc...