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1. Recommendations recap - issue 2 [pdf, 1.7 MB]

   ...and that steps have (or will) be taken with a view to ensuring that they do not occur again. The Coroner therefore did not consider that the making public of particulars of the deceased’s death is likely to be detrimental to public safety and permitted the publication of the findings in their entirety. 14 See as a recent example the case of CSU-2008-AUK-000047 in which the Coroner recommended that the Department of Corrections take action as a matter of priority to install altern...

2. Ngati Pahauwera Affidavit on behalf of Trustees Exhibits A to H [pdf, 2.3 MB]

   ...Within the existing regulations, however, there are steps that can be taken to improve the effective management of customary fishing, such as the development of hapQ rohe moana or wai maori plans, setting out matters including policies for the issue of permits under the regulations. Some hapu and Tangata Tiaki/Kaitiaki, supported by Te Kupenga, have already developed such plans or are in the process of doing so. Others are at an earlier stage in development and will require more support, s...

3. Waitangi Tribunal - Part 5 Te Urewera [pdf, 2.1 MB]

   ...the establishment of the Tuwharetoa Trust Board to administer the funds paid by the Crown in respect of Tuwharetoa’s rights to the bed of the lake : that is, a £3000 annu- ity, and half of all revenue above this value derived from camping fees, licence fees, and fines levied for breaches of the fishing regulations . Work began on the Tuai phase of the Waikaremoana power scheme, using the fall between Lake Kaitawa and the Whakamarino Flat (which was flooded to create an artificial lake...

4. E31 Second Planning JWS [pdf, 3 MB]

   ...for the Project or (as the case requires) commencement of any construction works for a part or stage of the Project. For the avoidance of doubt, it excludes site investigations, fencing, and any activities that do not need resource consent / are permitted activities. h)i) “consent holder” means Panuku Development Auckland; i)j) “Council” means the Auckland Council; j)k) “Harbourmaster” means the Harbourmaster’s office within Auckland Transport; k)l) "Project&qu...

5. [2019] NZCAA 2 (26 February 2019) [pdf, 275 KB]

   ...[25.3] On any permutation of the possible chain of causation leading to the customs broker lodging false declarations with Customs and underpaying GST and duty, there is no nexus with the appellants. They did not directly or indirectly instruct, permit or authorise the customs broker to file the false declarations; they had no reason to suspect there were false invoices, or import entries and declarations with false values. 9 Liability for GST and duty [26] Liabilit...

6. [2020] NZSSAA 5 (28 April 2020) [pdf, 204 KB]

   ...decided it was easier to return to New Zealand every 26 weeks rather than pursue the application process. He phoned the Ministry on the day he was due to leave and gave notice he would return in August that year, apparently within the 26 weeks permitted under s 22 of the NZSRI without making an application under s 26. It appears he did return within the 26 weeks. However, the Ministry continued to suspend the payments on the basis XXXX was not ordinarily resident in New Zealand. T...

7. LCRO 58/2021 EW v YL (29 October 2021) [pdf, 187 KB]

   ...authority material had been provided to the Registrar-General of Land. [53] Mr YL provided copies of an authority executed by Mrs EW. The authority recorded that Mr YL had witnessed the authority, which included a photocopy of Mrs EW’s driver’s licence. [54] That evidence would support Mr YL’s recollection that he had attended on Mrs EW to finalise the documentation. [55] The next matter to consider is the consequences that could be said to have flowed from Mr YL’s fail...

8. [2016] NZEmpC 151 Carr, Labour Inspector v Sharma [pdf, 204 KB]

   ...Regulations, reference to the Court means the Employment Court. They are all strong indicators that in dealing with an offence, the Court is exercising jurisdiction in a criminal case. Accordingly, I am satisfied that in dealing with Mr Sharma I am permitted and indeed required to apply the Sentencing Act, and in particular have jurisdiction to consider whether he should be discharged without conviction. [17] The next step in the process is to consider those purposes and prin...

9. Henderson v Brooking - Wharekahika A47 [2023] Māori Appellate Court MB 17 (2023 APPEAL 17) [pdf, 335 KB]

   ...trustee and that he participated and voted in the trustee discussions to authorise those payments. He further accepts that the trust order for the trust does not expressly authorise those payments. However, he says that the payments are impliedly permitted by the trust order and were properly authorised by the trustees. Even if wrong on these points, he says that the circumstances surrounding the payments do not constitute sufficient grounds to remove him as a trustee of the trust....

10. [2007] NZEmpC AC 19/07 Cuttriss v Carter Holt Harvey Ltd [pdf, 106 KB]

    ...applied by the parties in practice, citing Elston v State Services Commission (No 3) [1979] 1 NZLR 218. He found the “job and finish” arrangement was a long-standing contractual arrangement with individual employees and, although the collective permitted the defendant to vary the hours of work, it could not increase them. [32] As Mr Hammond accepted there were no cases directly on point on the facts of the present case, or in support of his proposition that the fundamental natu...