Search Results

1. TK v UU and ors [2024] NZDT 286 (16 February 2024) [pdf, 213 KB]

   ...find it was solely UU’s negligent actions that caused the loss of the deer. 17. In any event, there is no evidence to persuade me that TK breached the duty of a reasonable deer farmer by allowing his deer to escape. All parties agree deer are resourceful animals, with an ability to jump very high and get through small spaces. Fences can become damaged by falling trees or by stock crashing into them. There is no evidence to suggest that TK’s deer were getting out on a regular basis....

2. [2024] NZEmpC 256 VGM v JXC [pdf, 185 KB]

   ...factors, including:12 8 Employment Relations Act 2000, s 180. 9 Duncan v Osborne Building Ltd (1992) 6 PRNZ 85 (CA) at 87. 10 Employment Court Regulations 2000, reg 64. 11 Grove v Archibald [1998] 2 ERNZ 125 (EmpC) at 128–129; and Bathurst Resources Ltd v L&M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]. 12 Assured Financial Peace Ltd v Pais [2010] NZEmpC 50 at [5]; and Dymocks Franchise Systems (NSW) Pty Ltd v Bilgola Enterprises Ltd (1999) 13 PRNZ 48...

3. Iseri v Pocock - Allotment 246D1 Waimana Parish (2024) 328 Waiariki MB 64 (328 WAR 64) [pdf, 223 KB]

   ...utilised more effectively as General land. [14] His desire is to develop the land for a holiday park/health hub with a large organic garden to provide respite for people and their families who are undergoing chemotherapy treatment. Ozgur obtained resource consent from the local council on 23 December 2023 to build five units on the park, however, he has faced financial difficulties and says he cannot secure further lending to finance the project without changing the status of the land...

4. Regulatory-Systems-Courts-Improvement-Amendment-Bill_FINAL.pdf [pdf, 514 KB]

   ...13 To enable FCAs to take on more work, and free up more Family Court judge time, I recommend an amendment to CoCA to allow FCAs to make any order by consent without having to convene a settlement conference. Better utilisation of judicial resources under the Criminal Procedure Act 2011 14 The Criminal Procedure Act requires applications for leave to appeal to the Court of Appeal in a criminal proceeding to be heard by two or more Court of Appeal judges, at least one of whom mu...

5. Deloitte report: Assessment of business compliance costs of the indicative anti-money laundering regulatory requirements [pdf, 2 MB]

   ...new information technology and reporting systems. Compliance costs do not include actual payments, such as taxes or levies paid; costs from activities that would have been carried out anyway; and opportunity costs such as changes in prices and resource allocation, international trade effects and impacts on competition. Incremental costs Compliance costs of a policy proposal are only those incremental costs that arise from that proposal. Only those costs that are incurred because o...

6. OIA-Debt to Government Framework [pdf, 205 KB]

   ...type. This is because payments are not made directly to the applicant and are instead made to the legal aid lawyer providing the service to the applicant. If an applicant has intentionally or negligently made untrue statements about their financial resources or failed to disclose facts relevant to their eligibility for aid, then the grant of aid can be Legal Services Commissioner Justice Centre I 19 Aitken Street I DX SX10125 I Wellington T 04 918 8800 I F 04 918 8820 lsc@justice...

7. Cabinet and Ministerial advice on Firearms Registry Review - Terms of Reference [pdf, 3.5 MB]

   ...opportunity to seek feedback on any particular matters that have arisen during the Review. 22. We considered alternative methods to gather evidence from stakeholders, such as in-depth interviews and consultation documents. However, interviews are resource intensive and may not provide the variety and range of feedback required for a balanced review. A consultation document is typically employed to engage on formed policy proposals. This would not be an appropriate approach for this revi...

8. 20241211 Local Government Water Services Bill [pdf, 205 KB]

   ...involve imprisonment. The offences are public welfare regulatory offences, are logically connected to the maintenance of the integrity of New Zealand’s water infrastructure, and arise within a highly regulated environment. This is an important resource management system with a wide range of potential impacts that may arise through misuse, including significant public health and service delivery risks. For these reasons, we consider that the limitation on the presumption of innocence...

9. DD v B Ltd [2024] NZDT 644 (5 November 2024) [pdf, 210 KB]

   ...boarding passes were not sufficiently clear. 23. I find that it falls upon B Ltd to display accurate and clear information to passengers, so they have clarity around expectations. On this occasion, the information supplied through various B Ltd resources was ambiguous due to being open to interpretation and not fit for purpose for passengers like DD. What, if any, compensation is DD entitled to? 24. As the T&Cs were not clear, I find that there is a breach of contract by B...

10. Accident Compensation Corporation v Samuela (Leave to appeal to the High Court) [2024] NZACC 208 (17 December 2024) [pdf, 214 KB]

    ...question of law: Commissioner of Inland Revenue v Walker [1963] NZLR 339, 353-354(CA). Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law: e.g. Jackson and Kenyon above. Submissions [23] The Corporation submitted the deci...