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1. Iwi panels technical appendix [pdf, 1.1 MB]

   ...before it started. Training Kaiwhakahaere. All kaiwhakahaere completed a 5-day restorative justice facilitator training course in October 2014. The training was delivered by the consultancy PACT and the restorative justice team at Community Law Wellington and Hutt Valley who initially helped with iwi panel facilitation. Background Hutt Va ey’s mo e focuses on the strength of the rūnanga to engage Māori and walk with them to address the issues they may have with their b...

2. [2008] NZEmpC AC 49/08 Clear v Waikato DHB [pdf, 109 KB]

   ...ERNZ 720 [6] The defendant has cross challenged against the Authority’s finding of unjustified disadvantage and against the remedies awarded by the ERA. The Authority found the DHB’s investigation was inept and unfair. The law [7] The claim for outstanding leave pay is purely factual. The issue is whether Ms Clear was contractually entitled to the payments she seeks. [8] In the case of the allegations of disadvantage and unfair dismissal the central questi...

3. [2020] NZEnvC 189 Weston Lea Limited v Hamilton City Council [pdf, 10 MB]

   ...take ownership of the conditions and bring pressure to bear on other parties for compliance. 28 [109] Whilst we acknowledge the difficulties in enforcement, these would exist whether or not there was a cat ban in this case or there was a By-Law banning such cats. Overall, we conclude that these types of considerations are neutral to whether a Cat ban should be required. Reason for Cat Ban [11 OJ We have concluded after some discussion that the logic supporting a cat ban in t...

4. [2022] NZEnvC 095 Lomai Properties Limited v Auckland Council [pdf, 1.8 MB]

   ...time as stated within the drafting of the provisions. This approach is consistent with the use of interim provisions which are used elsewhere in the Auckland Unitary Plan, for example Rule I214.4(4) (Wynyard Precinct). [80] There is little case law on the ability to include interim provisions in a district plan. A “sunset” provision was considered in Muir v Western Bay of Plenty District Council [2000] NZRMA 353 (HC). In that case the Council was trying to change the activity...

5. [2024] NZEmpC 183 Auckland Trotting Club Inc v Payne [pdf, 343 KB]

   ...pay him as it had been paying him before. Did Mr Payne represent that he would not rely on his contractual rights by not raising a dispute in 2015? [40] It is correct that Mr Payne did not formally raise a dispute until July 2021 when his lawyers wrote to the plaintiff. However, to suggest that, as a matter of fact, failing to raise a dispute on its own amounts to a “representation” cannot be right. [41] There is no general obligation on an employee to raise a dispute. In p...

6. People with finalised charges and convicted of homicide offences jun2024 [xlsx, 116 KB]

   ...prosecuting agency (eg Police). This is usually due to the charge being filed by summons (rather than arrest). Some offence types (such as traffic offences) are more likely to be charged by summons. Charges prosecuted by agencies other than Police, Crown Law or Corrections (eg Inland Revenue, Ministry of Social Development, and Ministry of Primary Industries) are filed by summons. However, if a person has other charges where ethnicity is recorded all their ethnicity information is applied to al...

7. [2021] NZREADT 40 – Beath (29 July 2021) [pdf, 389 KB]

   ...Shorter Oxford Dictionary gives the following meanings of the words “collude” and “collusion”:16 collude have a secret agreement collusion 1 secret agreement or understanding for nefarious purposes; conspiracy; fraud, trickery. … 2 Law An agreement between two or more people, esp. ostensible opponents in a suit, to act to the prejudice of a third party or for an improper purpose. [57] The allegations of collusion between the Agency and the licensees, and that the Agenc...

8. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 19 [pdf, 335 KB]

   ...nominee. That agreement was dated 17 July 2006. By a second undated agreement Admiralty‟s Whitianga property was to be sold to RIL Limited or Nominee, a company controlled by Mr Cook. [8] The first agreement was in the standard Auckland Law Society format and contained extra clauses listing chattels, a tenancy to the CC Page 6 Trust, an agreement to pay to Admiralty liquidated damages until settlement if it was delayed beyond nine weeks and a requirement for contempora...

9. Appendix-M4-Economic-Impact-Report-on-the-New-Zealand-Sport-Horse-Industry-2012-.pdf [pdf, 695 KB]

   ...direct spending habits are that the quantitative data gained from the responses allows mathematical and statistical analysis of the information to be undertaken with an aura of scientific respectability. The results appear to be based on objective laws rather than the values of the researcher. Statistical tests of significance give researchers additional credibility in terms of the interpretations they make and the confidence they have in their findings. The analysis of quantitati...

10. [2023] NZEnvC 211 Masterton District Council [pdf, 782 KB]

    ...rules in a plan ordinarily have legal effect when the decision on submissions relating to a rule is made and publicly notified.1 [13] In that regard, in re Thames-Coromandel District Council the Court noted the following factors from previous case law that may be relevant when assessing a s 86D application:2 1 Subject to the exceptions stated in s 86D. Re Palmerston North City Council [2015] NZEnvC 27 at [22]. 2 Re Thames-Coromandel District Council [2013] NZEnvC 292, [2015...