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1. Issue 25 1 October 31 December 2020 [pdf, 737 KB]

   ...Christchurch from an unwitnessed collapse and immersion in a bath, complicated by epilepsy and cerebral palsy. Sarah had cerebral palsy and epilepsy as well as other medical issues, and required high level, 24-hour care. She was cared for by her parents, as well as by Renee Gardiner. Mrs Gardiner was employed by Sarah’s parents to care for her a few days each week. On 2 July 2017, Sarah was staying at Mrs Gardiner’s house. At around 7:45pm, Mrs Gardiner ran a bath for Sarah. The...

2. Peita - Panguru C27A2 (2015) 104 Taitokerau MB 5 (104 TTK 5) [pdf, 212 KB]

   ...attempted to discuss the proposed occupation orders but the siblings did not attend. There was however a good attendance at the two hearings I convened. [3] The fundamental issue raised by these applications is whether the applicants, who went through various processes in the early 1990s in order to be able to build their homes on the land, should now be granted occupation orders in the face of opposition from the majority of owners of the land. Background The land and the hous...

3. [2024] NZEnvC 201 Li v Auckland Council [pdf, 584 KB]

   ...consent conditions with all the changes directed under (1) included are reprinted, so that any reader not familiar with the proceeding can read the resource consent and understand it as a whole, without having to read, interpolate and consider separately changes made by this consent order. This is set out in Annexure B of this order; (3) the appeal is otherwise dismissed. B: Under section 285 of the Resource Management Act 1991, there is no order as to costs. REASONS Backgro...

4. Quality and Value Audit Terms of Reference 2018 [pdf, 560 KB]

   ...legislative, contractual, and professional obligations, as well as Practice Standards, policies and procedures • ensure providers are compliant with any conditions imposed on their approval/s • enhance the performance of providers of legal aid services through guidance and clarification, and outlining expectations • ensure that remedial action can be taken when a provider has breached their obligations. The scope of a full audit is to assess the: • legal advice and represent...

5. LA Terms of Reference - quality and value audits [pdf, 531 KB]

   ...legislative, contractual, and professional obligations, as well as Practice Standards, policies and procedures • ensure providers are compliant with any conditions imposed on their approval/s • enhance the performance of providers of legal aid services through guidance and clarification, and outlining expectations • ensure that remedial action can be taken when a provider has breached their obligations. The scope of a full audit is to assess the: • legal advice and represent...

6. FIANZ-Submission.pdf [pdf, 13 MB]

   ...possible that the employee’s memory may be awry”.17 The RCOI having given detailed information on the memory of the employee which was validated with the actual posting on the web , then states the employees memory may be ‘awry’. This apparent anomaly needs to be investigated since it relates to a serious oversight by the NZSIS. The RCOI did not investigate this anomaly, since this was not in their Terms of Reference. THE RCOI did not question the Five Eyes partners or Faceb...

7. NOP TUV v MBIE [2014] NZHRRT 16 [pdf, 156 KB]

   ...to regularise their New Zealand immigration status if, by reason of their personal circumstances, they could be considered to be well-settled in New Zealand. One of the “well settled” criteria was being (as at 18 September 2000) the biological parent of one or more dependent children born in New Zealand and continuing to be the parent of that child or children. [36] The Immigration (Special Regularisation) Regulations 2000 (SR2000/187) set out the procedure for such persons to app...

8. Tamati v Wainohu - Tamati Whanau Trust (2010) 5 Tairawhiti MB 87 (5 TRW 87) [pdf, 83 KB]

   ...Ginny, Hamahona, John, Sandy, Mohi and Beverly. The applicant has two 1/10 shares recorded under his name. One 1/10 share used to be owned by Turipo. [17] At a whanau hui held on 22 September 1996 the Tamati children agreed to vest all their parents’ land interests into a whanau trust. [18] In October and November 1996 all ten children signed consent forms that stated the following: “I consent to all my interests in land, shares and any other assets inherited from my Pare...

9. [2009] NZEmpC CC 3/09 A Farmer v A Worker [pdf, 55 KB]

   ...In the course of the hearing, I expressed the view that such issues could only be properly determined by a criminal law process, something very different to the process of the Employment Court in resolving employment relationship problems. Through counsel, both parties accepted that view. Background and sequence of events [6] The farmer and his wife own and operate a farm. They have two children, a boy and a girl. At the time of the events in issue, the boy was between 4 and...

10. Tuwhangai v Boon - Kawhia U 2B (2018) 173 Waikato Maniapoto MB 99 (173 WMN 99) [pdf, 442 KB]

    ...Maniapoto MB 102 careful that any determination did not seek to annul, quash, declare or hold that the 1992 order was invalid. [10] Mrs Boon subsequently instructed counsel. In addition to opposing Mr Tuwhangai’s application, Mrs Boon filed separate proceedings on 20 July 2018 seeking orders that the joint tenancy was severed and the imposition of resulting and/or constructive trusts. [11] The substantive hearing was held on 26 November 2018. Thereafter, counsel for Mr Tuwh...