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1. Miscarriage of justice - Scott Watson - Ministry's briefing to Minister June 2013 [pdf, 1.1 MB]

   ...Mr Wallace’s water taxi. Mr Watson argued that the Crown first introduced this theory in its closing address, and this meant trial counsel were unable to properly cross-examine witnesses on this theory, unduly prejudicing the defence case. 101. Ms McDonald advised that this argument was not the source of fresh evidence. It was considered by the Court of Appeal, and the Court of Appeal considered that the fact that Mr Watson had or might have gone to his yacht twice on the relevant...

2. Review of the Sale and Supply of Alcohol (Fees) Regulations 2013 Report [pdf, 2.3 MB]

   ...effort. • Evidence to assess the relative risk weightings within and between factors is less clear, but there is nothing to indicate that the current weightings are not appropriate. 22 Review Findings Assessment of regulatory effort 101. The review assessed the regulatory effort of councils, licensing inspectors, Medical Officers of Health, ARLA and New Zealand Police by reference to the three risk factors set out in the Regulations. 102. Responses from councils, li...

3. LCRO 106/2018, 107/2018, 170/2018 and 181/2018 SY, [SAL] and DT v [Area] Standards Committee [X] (22 August 2019) [pdf, 462 KB]

   ...and final. 20 (b) Ms SY’S involvement was limited to providing the options and advice. (c) The Committee did not consider whether (I)’s legal fees were reasonably incurred. Mr DT’s submissions: As to the liability determination [101] Counsel for Mr DT attached very brief submissions to his application for review which in large measure merely expressed disagreement with the Committee’s liability determination. As to the compensation determination [102] Mr DT’s c...

4. Constitutional Advisory Panel Full Report 2013 [pdf, 4.4 MB]

   ...no longer be required.32 A common observation was that the number of people who identify as Māori in the current Parliament is roughly equivalent to the percentage of Māori in the population. 32 Royal Commission on the Electoral System (1986) p. 101. 39 NEW ZEALAND’S CONSTITUTION: A Report on a Conversation | He Kōtuinga Kōrero mō Te Kaupapa Ture o Aotearoa Options and reflections The conversations demonstrated that like the Treaty, Māori representation through the Māori se...

5. Children and young people with charges finalised in any court December 2019 [xlsx, 301 KB]

   ...2019 than in 2018. The number of children and young people (aged 10-16 years) with charges finalised in any court has more than halved since 2010, decreasing from 3,954 children and young people to 1,353 in 2019 (a 63% decrease). In 2019, in total, 1,101 children and young people (75%) had their most serious charge proved. As a result, they were either discharged under section 282 (771; 53% of children and young people charged), received a Youth Court order under section 283 (20% of children a...

6. [2021] NZEnvC 103 Wyuna Preserve Residents Association Incorporated v Queenstown Lakes District Council [pdf, 19 MB]

   ...more stringent curfew restrictions. Potentially, for example, the NMP could impose longer curfew hours for types of operations and/ or times of the year, subject to consideration of both greater noise sensitivities and commercial imperatives. [101] We find no present evidential basis for setting movement caps within D 239. However, we find it appropriate to enable capacity to set such caps via the NMP. Should D 239 enable buildings? [102] Wyuna seek that D 239 include a conditio...

7. Deputy Registrar v Moeahu – Lot 1 DP 17494 Part Section 2345 New Plymouth (Old Railway Station) (2021) 437 Aotea MB 3 (437 AOT 3) [pdf, 550 KB]

   ...investment which they know to be unauthorised the trustees may deliberately commit a breach of trust but if they do so in good faith and in the honest belief they are acting in the interests of the beneficiaries their conduct is not fraudulent... [101] Following his investigation, Mr Webster noted several areas of concern relating to the trustees’ actions and conduct in terms of the administration and finances of the trust. As he outlined in his report, the trustees acted with a...

8. [2007] National Distribution Union Inc v General Distributors Ltd AK AC 7/07 [pdf, 269 KB]

   ...union employee received the same or substantially the same wage increase as a member of the union in an identical position.. Mr Langton submitted that it would be difficult for the Court to find for a claim under s59B(2) without such evidence. [101] GDL says that such evidence as was adduced, albeit in general terms only, tended to show that while the wage rates in the collective agreement were derived by a flat rate increase of 60 cents per hour, individual non-union employees were...

9. Holmes v Housing New Zealand Corporation [2014] NZHRRT 54 [pdf, 214 KB]

   ...from Garry Williams. [100] It is now necessary to examine the external perspective, that is what HNZC told its tenants about the IRR application process. The external dimension – what HNZC told its clients about the IRR application process [101] The IRR application forms in use prior to and subsequent to the January 2005 implementation date have minor differences but none of these differences are material to the present point. [102] To the intending IRR applicant in receipt of in...

10. Auckland City Council as Assignee v Irwin [pdf, 196 KB]

    ...which the claimant (now the Auckland City Council as assignee) sought: "… a determination of [the third and fourth respondents'] apportioned contribution to [the following items of] damage" and these were set out as: 3.10.1 Cost of repairs 811,925.00 3.10.2 Costs (consultants) 4,134.00 3.10.3 General damages 25,000.00 Total $841,059.00 3.11 The nature of the claim had therefore changed significantly from that which had been anticipated by the WHRS...