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...disbursements of $224.89. 4 Mr Oliver challenged this costs determination within the 28 days provided for under s 179 of the Act. 3 Oliver v Star Moving Ltd (No 2) [2016] NZERA Christchurch 101. 4 Oliver v Scott Haulage 2010 Ltd [2016] NZERA Christchurch 141. Applicable principles [14] There is an absolute right to challenge a determination of the Authority in s 179(1) of the Act provided that step is taken within 2...
...of probabilities) a defence to avoid liability; whereas, in other criminal proceedings an accused must merely raise a defence in an effort to create reasonable 4 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. doubt. This means where the accused is unable to prove the defence, he or she could be convicted even though reasonable doubt exists as to his or her guilt. 19. Schedule 2 of the Bill con...
...Act. 13 Cabinet Manual 2017, p. 2. 14 See R v Williams [2007] NZCA 52 at [48]; Andrew Butler and Petra Butler The New Zealand Bill of Rights Act: A Commentary (2nd ed, LexisNexis, Wellington, 2015) [18.7.1]. 15 Plant Variety Rights Bill, cl 101(4). 16 Clause 19. Conclusion 37. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. Edrick Child Deputy Chief Legal Counsel Office of Legal Counsel...
...Mäori Pacific Other Number Rate Number Rate Number Rate Number Rate 2007/2008 21 5.93 87 15.39 24 9.05 408 13.26 2008/2009 10 2.82 95 16.81 26 9.81 400 13.00 2009/2010 22 6.21 105 18.58 31 11.69 383 12.45 2010/2011 19 5.36 101 17.87 22 8.30 416 13.52 2011/2012 19 5.36 132 23.34 31 11.69 365 11.24 Note: The per 100,000 population rate shown has been calculated following Statistics New Zealand annual population for the 2006 census year. Table 4 shows pr...
...Searches must be carried out at reasonable times. Information gathered as part of searches under the Public Audit Act has explicit protections against self-incrimination, provided for in s 31 of the Act. 3 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 4 Above, n1 at [162]. 5 At [172]. 20. On this basis we consider that any searches authorised by the Bill are reasonable for the purposes of s 21 of the Bill of Rights Act. Section 25(c)...
...of s 5 of the Bill of Rights Act.6 Whether a search will be reasonable turns on a 3 Proposed s 185 of the Land Transport Act 1998 (cl 7 of the Bill). 4 Proposed s 187 of the Land Transport Act 1998 (cl 7 of the Bill). 5 Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 6 Ibid at [162], per Blanchard J. number of factors, including the nature of the place or object being searched, the degree of intrusion into personal privacy, and the rationale for the sear...
...New Zealand business hours, at the same time the service is being offered to voters in New Zealand.2 Miscellaneous amendments 10 The Regulations make a number of miscellaneous amendments to ensure the Regulations are fit for purpose, including: 10.1 special votes – the Regulations will extend the deadline to receive special votes for general elections from 10 to 13 days to accommodate public holidays potentially falling within the current 10-day timeframe; 1 Part 4 provides rem...
...recommendations and in accordance with the RMA statutory framework as it applies to a regional plan change. 14 The relevant legal tests when considering PC8 are set out in section 149U(1) of the RMA. The Environment Court:10 (a) must apply clause 10(1) to (3) of Schedule 1 as if it were a local authority; and (b) may exercise the powers under section 293; and (c) must apply sections 66 to 70, 77A, and 77D as if it were a regional council. 15 In addition, the Court must:11 (...
...power to enter land and buildings and carry out the search functions detailed in cl 269(2) are rationally connected to to achieving its purpose to select, assess 1 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 2 Hamed v R, above n 1, at [162]. and implement SDPs. We understand the objectives of enabling Kāinga Ora to have accurate and reliable information to exercise its functions to be suff...
...Mäori Pacific Other Number Rate Number Rate Number Rate Number Rate 2007/2008 21 5.93 87 15.39 24 9.05 408 13.26 2008/2009 10 2.82 95 16.81 26 9.81 400 13.00 2009/2010 22 6.21 105 18.58 31 11.69 383 12.45 2010/2011 19 5.36 101 17.87 22 8.30 416 13.52 2011/2012 19 5.36 132 23.34 31 11.69 365 11.24 2012/2013 28 7.90 105 18.58 24 9.05 384 12.48 Note: The per 100,000 population rate shown has been calculated following Statistics New Zealand annual po...