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1. Guidance for property sales and settlements during COVID-19

   ...investigations due to an Alert Level restriction (for example, builder’s report conditions).  At COVID-19 Alert Level 3: people can move house in an Alert Level 3 area moving companies can operate in an Alert Level 3 area real estate agency work is permitted, subject to specific requirements private viewings of properties are possible in limited situations and under certain conditions pre-settlement inspections can take place under certain conditions property professionals (such as...

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   4. COVID-19 news archive

2. Health & Disability Commissioner Act 1994

   ...meaning of – Health and Disability Commissioner Act 1994, s 2(1) Director of Proceedings v Nelson [2013] NZHRRT 38 Back to top I In-Court media coverage – camera in court – still photographs – taking of still photographs of witnesses – whether permitted – In-Court Media Coverage Guidelines 2012 – Health and Disability Commissioner Act 1994, s 58 – Human Rights Act 1993, ss 105(2)(b) and 107 Director of Proceedings v Nelson (Application for In-Court Media Coverage) [2013] NZHR...

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3. Appearing in court - what you need to know

   ...cannot speak for you in court, and has no right to address the judge, or the jury. If you decide to bring a support person with you on the day of your appearance, you should contact the court as soon as possible. Whether or not your support person is permitted to sit with you in court is up to the judge. Amicus Curiae An amicus curiae, or “friend of the court”, is another type of support person. An amicus is not a party to an action, but a person appointed by the court to assist the court....

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   4. Representing yourself in a criminal case in the High Court

4. Thomas v Ministry of Social Development (Strike-Out Application) [2019] NZHRRT 39 [pdf, 234 KB]

   ...[18] to [42] and no point is served by repeating what is said there. It is sufficient to note that the scheme of the Act is that in the first instance complaints must be dealt with by the Privacy Commissioner. Proceedings before the Tribunal are permitted by ss 82 and 83 only where an investigation has been conducted by the Commissioner under Part 8 or where conciliation (under s 74) has not resulted in settlement. Before either ss 82 and 83 are engaged the following statutorily prescri...

5. HY v RB & YR [2019] NZDT 1217 (7 October 2019) [pdf, 167 KB]

   ...the loss is of a subjective nature and the extent of intangible harm is difficult to prove and to price. If measured, any award is open to criticism on the basis that the outcome is unpredictable, or contains a punitive element not permitted in calculating loss for breach of contract. Leaving aside these practical issues, there is a more fundamental policy concern against such awards. Contracts often give rise to stress, particularly where personal, social or family i...

6. [2022] NZEmpC 101 UXK v Talent Propeller Ltd [pdf, 357 KB]

   ...her evidence would suffice. Her primary position was that the Authority should simply have allowed this evidence to be admitted. The issuing of formal witness summonses so the medical practitioners could be cross-examined, was not, she said, permitted under the Act. [51] Section 160 describes the powers of the Authority when investigating any matter. It states: (1) The Authority may, in investigating any matter – (a) call for evidence and information from the parties o...

7. [2009] NZEmpC CC 18/09 Grey v Director-General of Conservation [pdf, 34 KB]

   ...circumstances at the time (the “what”) and did not act towards her as a fair and reasonable employer would have done again in all the circumstances at the relevant time (“the how”)1. [3] While employed by the defendant, Ms Grey was also permitted to continue and complete unfinished proceedings from her former legal practice. One of these proceedings, in which she was the solicitor on the record for the plaintiff, was between a company known as Saxmere Co Ltd whic...

8. [2016] NZSSAA 043 (16 May 2016) [pdf, 55 KB]

   ...in good faith; (d) the beneficiary changed his position believing he was entitled to receive the money and would not have to repay it; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. 5 [15] Pursuant to s 86(9B) of the Act, the term “error” includes: (a) the provision of incorrect information by an officer of the Ministry; (b) an erroneous act or omission occurring during an investigation o...

9. [2018] NZEmpC 135 Solid Roofing Ltd v Newman [pdf, 232 KB]

   ...in the interlocutory judgment of this Court issued on 15 October 2018. This dealt with a good faith report which had been received from the Authority.2 Despite the shortcomings of the plaintiff in the Authority proceedings, the challenge was permitted to proceed on a de novo basis. 1 Newman v Solid Roofing Ltd [2018] NZERA Auckland 214. 2 Solid Roofing Ltd v Newman [2018] NZEmpC 121. [2] As mentioned in the previous...

10. [2022] NZEnvC 011 Clutha District Council v Vreugdenhil Family Trust Partnership [pdf, 249 KB]

    ...relevant LGA matters. [36] In all the circumstances, an elevated award of costs is just. However, while I consider that a more than nominal amount split between the Council and the Trust is warranted, I do not think that the factors present permit an award of 60%. Ultimately, the matter was a one-day hearing with an absence of expert witnesses. This warrants a reduction, albeit minor, in the quantum the Kellys seek. [37] I therefore conclude that an award of 50% of the Kellys�...