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

   ...in the available time. Accordingly, you (and not the Service or its lawyers) are responsible for taking any steps necessary before a limitation period expires. Exclusion of liability 8. For the removal of any doubt, to the extent that the law permits, you agree to exclude any liability of any nature whatsoever which the Service or its volunteer lawyers or ADLSI, or any of ADLSI’s or the Service’s other servants or agents, might otherwise have to you in respect of any matter arisin...

2. Smiler v Peters - Estate of Hani Ihimaera or Hani Smiler (2008) 185 Gisborne MB 20 (185 GIS 20) [pdf, 1.4 MB]

   ...be given due weight and effect. 6 [8] Her Honour Judge Milroy then adjourned the application back to Gisborne7 Further Correspondence [9] Sheryl Peters then wrote to this Cou11 on 6 May 2008. In that letter she proposed that the Court should permit the following : 1. The Wi Pere Trust Estate shares be transferred to Tony Brown of the Wi Pere blood-line; 2. The remaining land interests should devolve as per the Will of the deceased with Jordan receiving his Maori land inheritance...

3. [2018] NZEmpC 115 Culturesafe NZ Ltd v Turuki Healthcare Services Charitable Trust [pdf, 235 KB]

   ...opportunity to make further comment on the good faith report before the Court decides whether or not to limit the nature of the challenge or the extent of the 3 Above n 1. evidence to be permitted pursuant to the provisions of s 182 of the Act. Counsel for both parties have filed submissions on the good faith report. [8] The parties have agreed that matters now outstanding for decision, including the application for stay...

4. [2014] NZEmpC 218 Puna Chambers Inc v Christensen interlocutory [pdf, 101 KB]

   ...Employment Court to either take the form of a challenge to part of the determination pursuant to s 179(3)(a), or to seek: “a full hearing of the entire matter (… a hearing de novo)” pursuant to s 179(3)(b). [25] The statutory regime thus permits a party to have a full hearing of the matter to which the Authority determination relates, and provides ample opportunity within the 28 days statutory time frame for doing so. [26] In circumstances in which the Applicant chose not to...

5. WHT Annual Report 2020 [pdf, 272 KB]

   ...claims, being those under $20,000, in order to ensure they are quickly and efficiently heard and determined. Such claims are rare and there are none currently before the Tribunal. The Tribunal operates in an inquisitorial or investigative manner, as permitted by the Act.4 It may grant any remedy that can be claimed in a court of law, though has only limited power to award costs.5 The Chair can issue practice directions.6 There are comprehensive Directions and Guidelines in plac...

6. BORA Vulnerable Children Bill [pdf, 307 KB]

   ...9.2.1 These provisions do not contain any aspects of criminal procedure, as in part relied upon in Belcher; and 9.2.2 Unlike the provision for Extended Supervision Orders, which imposes a broad range of probation measures as standard conditions and permits highly restrictive measures as special conditions:6 (a) Child Harm Prevention Orders are limited to restrictions on living, working or associating with children and certain reporting to police or “similar term[s]” (cl 58);7 and...

7. [2015] NZSSAA 008, 13 February [pdf, 43 KB]

   ...1 Chief Executive of the Ministry of Social Development v Greenfield [2014] NZCA 611 (12 December 2014). 4 (e) Residence in New Zealand rather than anywhere else. The Act is not one which permits residence in two countries simultaneously. [33] We also consider that ‘ordinarily’ means something more than ‘residence’, indicating the place where a person regularly or customarily lives, as distinct from temporary residenc

8. Waitangi Tribunal COVID-19 Level 2 Protocol (3 September 2020) [pdf, 149 KB]

   ...suites). c. Face masks should be worn in all public spaces, in accordance with paragraphs 10-12 above. Gloves may also be worn. d. Hand sanitiser will be readily available within the hearing venue. e. The Tribunal will not normally permit documents to be handed up to the panel. Documents that parties wish to produce should be scanned and shared by email at the appropriate time. 27. Any concerns about health and safety practices should be raised with the Tribunal Registra...

9. [2023] NZEnvC 247 Kuku Holdings Limited v Marlborough District Council [pdf, 226 KB]

   ...costs. B: Under s286 Resource Management Act 1991, this order may be filed with 2 the District Court in Wellington for enforcement purposes (if necessary). REASONS [1] The appellant appealed a decision declining an application for a coastal permit to authorise a marine farm (for mussels and certain other species) and resource consent for associated activities in Tawhitinui Bay (U200493) on 1 October 2021. [2] Friends of Nelson Haven and Tasman Bay Inc and the Director-Genera...

10. [2023] NZREADT 34 - IX v REAA (CAC2102) (8 December 2023) [pdf, 98 KB]

    ...aware that the building involved pre-1991 building work and that neither the council nor the vendor had paperwork to confirm the stables were legally consented as a dwelling. She failed to advise the purchasers of the lack of recorded building permits, nor did she confirm the legality of the construction. Furthermore, the licensee failed to obtain expert evidence to support the vendor’s claim that the stables could be rented. [5] In the Committee’s decision on 9 September 2022,...