Ministry of Justice

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1. Waitangi Tribunal Bibliography Part 1 [pdf, 177 KB]

   ...Tribunal research series (1993), no. 10 1993, 39pp Woodley, Suzanne, Manaia 1C, Coromandel, Waitangi Tribunal research series (1993), no. 11 1993, 61pp Woodley, Suzanne, Matakana Island, Waitangi Tribunal research series (1995), no. 5 1993, 101pp Woodley, Suzanne, Tuhua (Mayor Island), Waitangi Tribunal research series (1993), no. 8 1993, 57pp Waitangi Tribunal occasional publication series (1993) 1. Nikora, Tarah; Bennion, Tom, Maori Land Legislation, 1862–1908 2. Mor...

2. [2019] NZEmpC 192 Johnson v Chief of the New Zealand Defence Force [pdf, 394 KB]

   ...responsible for the email, and that Mr Johnson might have been framed. His name was presented in an unusual way in the header; the email was said to have been sent on Mr Johnson’s behalf only; and there was no sign off by Mr Johnson. [101] The assumption made in the first NZDF letter was not one which a fair and reasonable employer could be expected to make, because of the importance of starting the inquiry with an open mind. [102] Once Mr Johnson gave his denial, NZDF...

3. Abraham v Auckland City Council [pdf, 111 KB]

   ...result of a tort … any tortfeasor liable in respect of that damage may recover contribution from any other tortfeasor who is … liable for the same damage, whether as joint tortfeasor or otherwise …” Claim No. 3368 - Determination 31 [101] The First Respondent is a “concurrent tortfeasors” with the Second Respondent on one hand, and the Fourth Respondent on the other, and the Second Respondent and Fourth Respondents are each “joint tortfeasors”. [102] The appro...

4. Director of Proceedings v Smith (Application for Final Non-Publication Orders) [2019] NZHRRT 32 [pdf, 695 KB]

   ...justice require that the general rule of open justice be departed from and the order is a reasonable limit in terms of the New Zealand Bill of Rights Act. Such departure is permissible only to the extent necessary to serve the ends of justice. [101] Given this stringent approach the standard, as recognised in Erceg at [13], is a high one. The party seeking the order must show specific adverse consequences that are sufficient to justify an exception to the fundamental rule of open justi...

5. 2014 to 2018 Ministry of Justice statement of intent [pdf, 2.4 MB]

   ...offences 5, including homicides, attempted murder, manslaughter, acts intended to cause injury (such as serious assaults, kidnapping, abduction, robbery) Better Public Services target3 of 20% reduction by 2017 2012/13: 98, down 10.4%4 2011/12: 101, down 7.6% Youth crime decreases The level of youth offenders (aged 14–16) appearing in court, relative to the youth population6 Better Public Services target3 of 25% reduction by 2017 2012/13: 239, down 26.7%4 2011/12: 277, down 14.8%...

6. Hamilton v Trustees of Erepeti Marae - Tuahu 3X (2009) 128 Wairoa MB 77 (128 WR 77) [pdf, 931 KB]

   ...Paki v Maori Land Court [1999]3 NZLR 700 & Proprietors of Mangakino Township v The Maori Land Court & Anor (CA 65/99, 16 June 1999, Wellington) 23 Ellis v Faulkner - Pori pori Farm A Block (1996) 57 Tauranga ME 7 (57 T 7) 128 Wairoa MB 101 application for the removal of trustees and thus the trustees perfonuance is only relevant to the extent that it impacts on issues raised by the applicant in his pursuit of anmqwry. Discussion by the Court [72] It is clear to this Cour...

7. Bacic v Tulip Holdings Limited (in liq) [pdf, 110 KB]

   ...qualifications to do this work and there was no evidence that he was asked or required to do it. Accordingly he cannot be held responsible for the defects in relation to the deck and the more minor defects as set out in paragraph [35]. [101] This situation is however somewhat different for the windows that were installed in the west wall. Mr Lake accepts that he came back with the builders in January 2001 to help install these windows. He knew where the windows were to be f...

8. [2022] NZEnvC 220 Chen v New Zealand Transport Agency - Waka Kotahi [pdf, 662 KB]

   ...on Urban Development Capacity 2016. This project is located within Auckland, a Tier 1 urban environment, and the site (being a state highway) is considered to be nationally significant infrastructure under Section 1.4 of the NPS-UD. [100] [101] [102] [103] [104] 33 Ms Cambridge identified the following objectives and policy of the NPS-UD as being relevant to the project: (a) Objective 1: New Zealand has well-functioning urban environments that enable all people and...

9. [2018] NZEmpC 106 X v The Chief Executive of the Department of Corrections [pdf, 683 KB]

   ...not explain Mr X’s behaviour. The notes of her interview were said to contain an inconsistency between a statement that his daily decision-making would not be affected and another statement describing what he might do during a low mood. [101] The investigation was criticised because it appeared the psychiatrist may have been saying that, while a criminal defence of insanity would be unavailable, Mr X’s condition meant his decisions were out-of-character and not those he would...

10. Aldridge & Ors as Trustees of the SL & KM Aldridge Family Trust v Boe [2010] NZWHT Auckland 31 [pdf, 304 KB]

    ...Instead the volenti defence is primarily based on whether a respondent can establish that the claimant fully appreciated the danger. Accordingly as the test is a subjective one, the volenti defence is known to be especially hard to establish. [101] The evidence to be considered by the Tribunal in relation to this defence include the following: (a) Mr Aldridge knew that the home did not have a CCC prior to purchase; (b) Mr Aldridge had seen the Council’s letter of 17 Mar...