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1. Proactive release – Remuneration Authority Legislation Bill [pdf, 1.7 MB]

   ...have the personal qualities, experience, and skills needed to deal with lower level criminal matters. 18 The Environment Court largely deals with appeals about the contents of regional and district plans and appeals arising out of applications for resource consents. Commissioners are appointed for their knowledge and experience in matters coming before the court. They hear matters and make decisions either as a panel, with an Environment Court Judge, or alone. Human Rights Review T...

2. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 124 KB]

   ...the terms of the agreement between the parties were statutorily determined. (Quoting Norweb Plc v Dixon [1995] 1 WLR 636 and W1-6 v Essex County Council [1999] Fam 90 (CA). [164] He rejected submissions that the statutory regime governing [resource management] applications constitutes a contract between the relevant authorities and the public and that the plaintiffs, as members of the public, are entitled to the benefit of that contract. He said that the concept is unworkable a...

3. Big Hill Station Ltd v Hemana - Awarua o Hinemanu Trust (2015) 43 Takitimu MB 218 (43 TKT 218 ) [pdf, 328 KB]

   ...of the application was essentially an administrative action, it was due largely to the internal problems amongst the former trustees, the lack of available funds as a result of the actions of some of those trustees and, consequently, the limited resources of the current trustees to be able to pursue the proceedings. [44] BHS argues that it is highly unlikely that the access sought by the trust would have been granted and even if it had, then significant conditions as to compensation...

4. [2015] NZEmpC 58 Hoff v The Wood Lifecare (2007) Limited Industries [pdf, 177 KB]

   ...done in all the circumstances at the time the dismissal or action occurred. [29] In applying the test the Court must consider the non-exhaustive list of factors set out in s 103A(3) of the Act: (3) … (a) whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and (b) whether the employer raised the concerns that the emplo...

5. Maruera v Te Runanga o Ngati Maru Taranaki Trust [2020] Chief Judge's MB 965 (2020 CJ 965) [pdf, 500 KB]

   ...breaching their respective constitutional documents and governing legislation, combine administrative operations, including electoral and meeting procedures, to avoid unnecessary duplication of procedures and to promote efficient use of the iwi’s resources F. By way of a postal vote and hui-a-iwi, the members of Ngati Maru (Taranaki) have expressed their support for the establishment of a whenua topu trust for Ngati Maru (Taranaki) and a private trust for Maori Fisheries Act 2004...

6. Hutcheson v Houkamau - Porangahau 2B No 10 (2021) 88 Takitimu MB 118 (88 TKT 118) [pdf, 581 KB]

   ...failure to include newspaper advertising was unfortunate. That the eventual appointee is a spouse of a trustee simply highlights the need to ensure that process of appointment, including advertising, cannot be reasonably called into question. Resources were not relevant in this instance because this was to be a paid position. My conclusion is that the former trustees did not adopt best practice by failing to take reasonable steps that all segments of the beneficiary community were...

7. [2007] NZEmpC AC 8B/07 Blaker v B & D Doors (NZ) Ltd [pdf, 142 KB]

   ...different from that of the employer may be a proper outcome. [5] The procedures adopted and actions taken by the employer are also to be objectively judged although, as the common law authorities make it clear, the circumstances and resources of the employer’s business may influence the nature and extent of the investigations undertaken (para [138] Hudson). [6] In the Chief Executive of Unitec Institute of Technology v Henderson (2007) 4 NZELR 418, Chief Judge Colg...

8. Regulatory Impact Assessment relating to a cannabis regulatory model [pdf, 7.6 MB]

   ...63 Morrison, B, Bevan, M and Bowman, J. 2018. Employment needs post-prison: a gendered analysis of expectations, outcomes and service effectiveness. Practice: the New Zealand Corrections Journal 6. corrections.govt.nz/resources/research_and_statistics/journal/volume_6_issue_1_july_2018/employment_needs_post- prison_a_gendered_analysis_of_expectations,_outcomes_and_service_effectiveness.html (Accessed 19 February 2019.) 64 Organised and Financial Crime Agency Ne

9. Abortion Legislation Bill (Cabinet Papers) [pdf, 1.9 MB]

   ...1 Law Commission briefing paper, pages 208-209 RE LE AS ED B Y TH E MIN IS TE R OF JU ST IC E 14 circumstances that have led individual women to seek this service. That information will allow the government to better plan for resourcing that might directly impact on the reduction of need for this specific service over time. 115. The Department of the Prime Minister and Cabinet has been informed. Financial Implications 116. I anticipate that overall funding implic...

10. [2019] NZEmpC 187 Byrne v The New Zealand Transport Agency [pdf, 411 KB]

    ...Mr B considered that Mr Byrne became abusive and hung up. [13] It was at that point that Mrs Byrne told Mr A she intended to make a complaint that she was being bullied. Advice was then sought from and given by Mervyn Johnston, Lead Human Resources (HR) Advisor. [14] This led to Mr Johnston asking Mrs Byrne to provide details of the behaviour which had caused her to become concerned or distressed. She provided a detailed complaint on 1 September 2015, which raised concerns abo...