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1. Kartikeya v Fernyhough [2014] NZIACDT 79 (09 September 2014) [pdf, 187 KB]

   ...issue is that loss resulting from Mr Fernyhough’s failure to meet his obligations to his clients was relatively substantial, though not beyond what he ought to have reasonably contemplated. It is also substantial in relation to Mr Fernyhough’s own resources. [15] Mr Fernyhough’s financial situation is not strong, and meeting his obligations will be a burden. [16] Mr Fernyhough resisted responsibility when responding to the complaint, but has accepted the Tribunal’s decision. His...

2. 2018 NZSSAA 003 (17 January 2018) [pdf, 171 KB]

   ...The Ministry also called evidence from the chartered accountant who prepared the financial statements for the company. He gave evidence regarding discrepancies in the company’s financial statements, and the appellant’s personal use of company resources. [33] In its decision, the Authority noted that the appellant failed to answer the evidence relating to his activities, observing at [52]: XXXX [the appellant] has had the opportunity of responding after receiving notice of the i...

3. COVID-19 Justice Sector Survey - Report 6 for the period 19 to 25 May 2020 [pdf, 923 KB]

   ...rules / greater consequences for law breakers. However, proportion of respondents supporting these measures reduced to 28%, down 32 percentage points since late April (Level 4 response). A growing proportion of respondents (24%) vote for more resources, better practices and improved systems and services within the criminal justice system, 10 percentage points more than a week ago. This indicates a shift in respondents’ views from punitive actions during Level 4 response to suppo...

4. 2017 NZSSAA 069 (5 December 2017) [pdf, 178 KB]

   ...employee pension under the Public Pension Scheme abated. In addition, there is a programme of public assistance. It is essentially a welfare system which provides for a minimum standard of living; however, relief is only available when other resources have been exhausted. If a person does not qualify for a basic pension, or a basic pension of a sufficient amount, they may be entitled to support under that regime. Summary [22] The two elements of the appellant’s pension are der...

5. Yates v Te Kohanga Lots 1 and 3-27 Trust (2010) 13 Taitokerau MB 36 (13 TTK 36) [pdf, 105 KB]

   ...the Local Government Act 1974 applied to partitions. Like s 181C and s 432A(7), s 432(7) provided for inter alia any road reserves shown on an approved plan to be vested in the territorial authority. These provisions were later replaced by the Resource Management Act 1991. Thus, s 181C was the forerunner of the requirement that land be set aside for the purpose of public reserves at the time of partition. [14] The order of 20 January 1966 under s 181C set aside Lot 1 as a “publ...

6. [2009] NZEmpC WC 11/09 Snowdon v Radio New Zealand Ltd [pdf, 39 KB]

   ...recusal application was a misconceived and unreasonable attempt to remove a Judge from a case because the plaintiff disagreed with the Judge’s decisions. I am also satisfied that the defendant was obliged to commit significant legal and other resources to defending it. Decision [42] There are no circumstances in this case to displace the presumption that costs must be paid on the discontinuance of a proceeding. [43] I do not accept the plaintiff’s submission that an award o...

7. [2021] NZEnvC 011 Northport Limited v Whangarei District Council [pdf, 1.6 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision [2021] NZEnvC O l \ IN THE MA TIER OF an appeal pursuant to clause 14 of the First Schedule of the Resource Management Act 1991 AND BETWEEN AND of an application under s 293 of the Act in relation to Noise Contours NORTHPORT LIMITED (ENV-2020-AKL-109) Appellant WHANGAREI DISTRICT COUNCIL Respondent Court: Judge J A Smith Commissioner RM Bartlett Commissioner SK Prime He...

8. [2015] NZEmpC 29 Hall v Dionex Pty Ltd [pdf, 330 KB]

   ...was also a director of DPL. There was some uncertainty as to his manager’s reporting lines, and the extent to which they changed post acquisition. There was no written confirmation that his reporting line had changed, and Ms Pedersen (Human Resources Generalist for TFNZL) confirmed in evidence that the usual practice would be to do so. It appears that his position title was changed to CMB Business Development Manager - Thermo Fisher Scientific at some stage after the acquisitio...

9. Notes of Crown Maori Relations focus group with Constitutional and Legal experts 20 March 2018 [pdf, 540 KB]

   ...could provide the beginning of an agenda. This could usefully identify what really needs to be addressed, which may not be obvious, the practice for so long now has been to respond to crises. • Fundamental reforms of the 1980s involving the Resource Management Act, the Local Government Act and the State Sector Act were noted as being effective in establishing a constructive environment for the Crown-Māori relationship. That approach could be revisited. Some changes might nee...

10. CAB An Anti-Corruption Work Programme for New Zealand [pdf, 188 KB]

    ...“Speaking Up” which addresses raising issues of wrongdoing, and the new State Services Commissioner Standard on Conflicts of Interest; 30.2 support for agencies to implement the guidance and standards, for example practitioner groups, case studies, resources; 30.3 a review of the Protected Disclosure Act 2000; and 30.4 exercising, as required, independent powers of investigation and inquiry, including in relation to concerns about corruption in the State services. 31 Police is...