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1. [2019] NZEmpC 40 Berry v The Chief Executive of the Ministry of Business, Innovation and Employment [pdf, 328 KB]

   ...Ms Lakeman, in her brief, states that the fact that the complaint was not made about a MBIE staff member but about a third party over whom MBIE did not have any employment jurisdiction made the situation more unusual than a normal internal human resources complaint. She indicated correctly that MBIE could not just launch an investigation as it might do in relation to an issue between two of its own staff. She therefore considered that any decision as to how to proceed had to be made...

2. [2019] NZEnvC 206 Lake McKay Station Limited v Queenstown Lakes District Council [pdf, 15 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Appearances: IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 206 of the Resource Management Act 1991 of appeals pursuant to clause 14 of the First Schedule of the Act LAKE MCKAY STATION LIMITED (ENV-2018-CHC-160) HAWTHENDEN FARM LIMITED (ENV-2018-CHC-55) UPPER CLUTHA ENVIRONMENTAL SOCIETY INCORPORATED (ENV-2018-CHC-56) and all other appellants concerning Topic 2 of Stag...

3. Proactive-release-Legal-Services-Amendment-Bill_FINAL.pdf [pdf, 1.8 MB]

   ...equitable access in Article 3 of the Treaty of Waitangi. The counter view is that Māori, who are I N C O N F I D E N C E I N C O N F I D E N C E 4 disproportionately affected by crime, have a strong interest in seeing limited legal aid resources used effectively. New Zealand Bill of Rights Act 1990 26 , careful consideration of equity and access to justice rights will inform further work on section 27, which is scheduled as part of Government’s wider sentencing commit...

4. LCRO 95/2013 GI v JM (28 June 2017) [pdf, 255 KB]

   ...hearing and some idea of timeline to get a hearing in the Family Court under some urgency.” • “I am legally entitled to a fresh start and I am asking for resolution as soon as possible ... so it is crucial we use both time and financial resources wisely.” (f) 10 May 2011: “Thank you for your hard work Monday.” (g) 13 June 2011: “As part of agreeing to attend the [JSC] I expect both parties to be properly prepared.” (h) 30 June 2011: “I agree that we should acce...

5. Director of Proceedings v Platz [2021] NZHRRT 51 [pdf, 500 KB]

   ...instead of concluding that gaining a histological sample in a laparoscopic/open operation would be the appropriate way. He acknowledges that he missed an important opportunity to fully appreciate Mr A’s age and clinical symptoms, the limited resources at Thames Hospital, and Mr A’s desire for the least intervention possible. He takes full responsibility for his actions. Dr Platz has accepted there were steps that he should have taken that he did not and he sincerely regrets t...

6. [2018] NZEmpC 69 A Labour Inspector v Sampan Restaurant Ltd [pdf, 343 KB]

   ...shareholder did not constitute double punishment. In Moir Farms, however, the company’s fine was found to be excessive, and was reduced from $23,500 to $10,000 to provide better consistency and parity with the director’s fine. [36] Under Resource Management Act 1991 prosecutions, it seems the courts will take care to avoid double punishment, such that, in some cases, a collective approach to deciding on the quantum of a fine is appropriate.27 In Hardegger v Southland Regiona...

7. LCRO 140/2020 AB v RP (27 November 2020) [pdf, 267 KB]

   ...that are to be deducted (Regulation 10, RCCC 9.3). [110] The Guidelines do not address the issue that was before the Court in Heslop v Cousins – namely, deduction of fees from funds lodged with a specific direction. [111] On its website, amongst resources it makes available for lawyers, the New Zealand Law Society has provided suggested terms of engagement which include the following as an example of an authority to deduct fees:20 You authorise us to deduct our fees and other expe...

8. LCRO 109/2015 RKX v SDC [pdf, 386 KB]

   ...(in total for both trusts) while they hold office”. If “… a Trustee will not accept appointment for that remuneration then [the appointor] shall be obliged to either subsidise the fee down to the level of $15,000 (plus GST) from their own resources …”.5 (d) To pay the legal fees of the lawyers who acted for the parties in the dispute, the trustees were to “pay [KB & Co] $150,000 plus GST in respect of legal fees” incurred by Mr SDC, and his children, Mr PGC and...

9. Complaints Assessment Committee 413 v Marr [2019] NZREADT 008 [pdf, 334 KB]

   ...centre, and had them print information on it in order to create the 2 August agreement. Her evidence was that she handwrote information on a blank Agency agreement in order to create the 9 August agreement. In each case, she used Agency resources to undertake a private sale. We accept the evidence given by Ms Dovey (Regional General Manager of the Agency) that any of their agents would have known that this was against Agency protocols. [d] Ms Marr inserted a “contemporan...

10. BORA Criminal Justice Reform Bill [pdf, 398 KB]

    ...Mist [2005] NZSC 77. 9. In Morgan the majority (Elias CJ dissenting) held that s 6 of the Sentencing Act and s25(g) of the BORA related only to the maximum penalty[3] that could be imposed http://ndhadeliver.natlib.govt.nz/ArcAggregator/arcView/resource/IE26146201/http:/www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/bill-of-rights/criminal-justice-reform-bill#2 for the generic offence, and did not extend to the individual sentence that might have been impose...