Search Results

1. BORA Unsolicited Electronic Messages Bill [pdf, 332 KB]

   ...which it may be executed. Section 25(c): The right to be presumed innocent until proven guilty 10. The Bill contains a number of strict liability offences, which require the respondent to prove something in order to escape liability (clauses 9(1), 10(1), 11(1) and 12(1)). We note that there is some debate as to whether section 25(c) of the Bill of Rights Act applies to civil penalty regimes. Irrespective of this debate, we are of the opinion that these provisions would constitute a �...

2. Carley - Succession to Herbert Adams [2021] Chief Judge's MB 1264 (2021 CJ 1264) [pdf, 343 KB]

   ...shares to Herbert, Maud, Alice and other Whānau listed in land court records provided. These shares have since passed to their children, and their children’s’ children. K 31/103 Maud Saunders also provides information to the land court. 31 K 101 (12/05/1959). Uncle Herbert Adams died in 1987 in Mt Albert. 2021 Chief Judge’s MB 1266 3. The applicant claims he is adversely affected by the order complained of because their Whānau are unable to have their great u...

3. Violent Crime Supplementary Data tables June 2024 [xlsx, 30 KB]

   ...(18-35) 37 (24-50) 27 (17-37) 31 (18-44) # 33 (21-45) 38 (26-49) 44 (30-58) 50 (31-68) Non-family 95 (76-114) 97 (80-113) 98 (78-118) 96 (76-116) 93 (70-115) 116 (91-140) 119 (95-143) 121 (96-147) 113 (86-140) Total 122 (101-143) 124 (105-143) 134 (111-157) 123 (101-144) 120 (96-144) 138 (112-164) 145 (121-169) 152 (124-179) 148 (118-177) Table 2.2: Violent offence prevalence rate, by offender relation and region Prevalence rate % of ad...

4. River Oaks Farm Ltd & Ors as Trustees of Ingodwe Trust v Olsson [2010] NZWHT Wellington 17 [pdf, 108 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2008-101-000052 [2010] NZWHT WELLINGTON 17 BETWEEN RIVER OAKS FARM LIMITED & C & A M THURNELL & L HORNE AS TRUSTEES OF INGODWE TRUST Claimant AND TIMOTHY OLSSON, CHARLOTTE OLSSON & JOHN CRONIN AS TRUSTEES OF THE PICOLLO TRUST First Respondent AND TIMOTHY OLSSON Second Respondent AND DENTON PERRY Third Respondent AND KENT JARMAN Fourth Respondent AND WARWICK SWEETMAN Fifth Respondent AND MAXI...

5. McLeod - Mangatawa 2B 2A Block (Tamapahore Marae) (2020) 201 Waikato Maniapoto MB 145 (201 WMN 145) [pdf, 246 KB]

   ...presented evidence in writing and in person which, when considered on its own, might ordinarily persuade a Judge to appoint them as a trustee. As an example, 6 The Committee of Management of Mangatawa Papamoa Blocks Incorporated v McLeod (2009) 101 Tauranga MB 153 (101 T 153). 201 Waikato Maniapoto MB 149 Whitiora McLeod gave evidence of his work as a trustee and/or representative on the following groups: (a) The Deputy Chair of Rangapu o Mana Whenua o Tauranga Moana, a...

6. Te Ture Whenua Maori Succession Dispute Resolution and Related Matters [pdf, 133 KB]

   ...Rights Act, in accordance with the Oakes test.8 That is:9 5 Human Rights Act 1993, s 21(1)(l)(iv). 6 Section 2. 7 B v Waitemata District Health Board [2017] NZSC 88, [2017] 1 NZLR 823 at [101] n 121. 8 R v Oakes [1986] 1 SCR 103; adopted in New Zealand by R v Hansen [2007] NZSC 7, [2007] 3 NZLR 1. 9 R v Chaulk [1990] 3 SCR 1303 at 1335–1336; cited in Hansen, above n Error! Bookmark not defined., at [64]. 4 5400326_2...

7. Water Services Entities Bill [pdf, 187 KB]

   ...premises, which is less of an intrusion into a person’s expectation of privacy; and 2 As specified in cl 13 of schedule 1 of the Bill. 3 New Zealand Stock Exchange v Commissioner of Inland Revenue [1992] 3 NZLR 1 (PCP). 4 Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [172] per Blanchard J. 5 As specified in cl 169 of the Bill. c. A publicly owned entity which provides regulated services to the public has less of an expectation of privacy than an ordinary citizen. Sectio...

8. Information Sharing Agreement for Sharing Permitted Information with Statistics New Zealand [pdf, 127 KB]

   ...personal information that may be shared under this Agreement 9. The Ministry of Justice may share Permitted information for the purposes set out in clause 6. 10. The Permitted information to be shared includes the following personal information: 10.1. Information about people who have faced criminal charges in the District Court or High Court, including details of the case and its outcomes. 10.2. Information that a person has been subject to a protection order, restraining order, ext...

9. Russia Sanctions Bill [pdf, 180 KB]

   ...set out how assets may be preserved, managed, or disposed of during the time they are prohibited or restricted. Depending on the circumstances, preservation, management or disposal of assets could be considered seizure. In Hamed v R [2011] NZSC 101, Blanchard J noted at [150] that the essence of a seizure was removing something from the possession of someone else. 37. Ordinarily, a provision found to limit a particular right or freedom may be consistent with the Bill of Rights Ac...

10. Zhang v The First Org Ltd (Strike Out) [2024] NZHRRT 11 [pdf, 163 KB]

    ...freeing defendants from the burden of litigation which is groundless or is an abuse of process.3 [10] Well established principles apply to strike out applications advanced on the basis that a proceeding discloses no reasonable cause of action:4 [10.1] Pleaded facts, whether or not they have been admitted, are assumed to be true, although this principle does not extend to allegations which are entirely speculative; [10.2] The Tribunal should be slow to strike out claims in new o...