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1. NZ BORA Advice: Civil Aviation Bill [pdf, 368 KB]

   ...necessary to protect the health and safety of those in the immediate area and property from damage, and to prevent prohibited items from being taken onto aircrafts.12 Reasonable expectations of privacy are lower in public places 53. The Court of Appeal has observed that “reasonable expectations of privacy are lower in public places than on private property.”13 In the specific context of air travel, it is suggested that individuals have a lowered expectation of privacy at an internat...

2. Directory of Official Information G-I [pdf, 807 KB]

   ...established in March 2004 under the Gambling Act 2003. Functions and responsibilities The Commission is an independent statutory decision-making body established under the Gambling Act 2003. The Commission hears casino licensing applications and appeals on licensing and enforcement decisions made in relation to gaming machines and other non- casino gambling activities. The Gambling Commission has the powers of a Commission of Inquiry. Its functions are wide-ranging, and include the f...

3. [2015] NZEmpC 214 Goel v Director-General for Primary Industries [pdf, 135 KB]

   ...the private sector dealing with a number of large organisations. However, he became "disillusioned" working in the private sector and his goal was to become a public servant because, as he explained it to the Court, public sector jobs appealed to him on an ethical level. [8] In 2010 Mr Goel graduated from Massey University in Wellington in Business Studies with grades for which he was listed in the Dean's list of top performing students. He worked as a part-time...

4. Potangaroa - Golden Sarel Potangaroa [2015] Chief Judge's MB 562 (2015 CJ 562) [pdf, 293 KB]

   ...to any vesting order made under Part 6 of this Act in respect of Maori customary land. 2015 Chief Judge’s MB 575 (5) The Chief Judge may decline to exercise jurisdiction under this section in respect of any application, and no appeal shall lie to the Maori Appellate Court from the dismissal by the Chief Judge of an application under this section. 45 Applications for exercise of special powers: (1) The jurisdiction conferred on the Chief Judge by section 44 of...

5. Smith - Waiomu 3B2B2B3B2(2015) 105 Waikato Maniapoto MB 12 (105 WMN 5) [pdf, 185 KB]

   ...access to 1B, B2 and European land to the east of B2 was declined. 10 Another application was brought by Taimoana Turoa, one of the then trustees of B2, in 1986. This was the decision that was declined by the Māori Land Court in 1989. 11 An appeal to the Māori Appellate Court was also dismissed in December 1989. [28] The Māori Land Court’s reasons for dismissing the application were referred to earlier in this judgment. As set out in Mr Smith’s evidence, the circumsta...

6. LCRO 130/2022 FN v EO (31 October 2023) [pdf, 261 KB]

   ...Mr FN and counsel, Mr JL. Ms EO did not exercise the opportunity to attend. Nature and scope of review [53] The High Court has described a review by this Office in the following way:22 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It invol...

7. [2007] NZEmpC AC 19/07 Cuttriss v Carter Holt Harvey Ltd [pdf, 106 KB]

   ...submitted as an alternative, if KSP433 was not an express term of the agreement, that it was an implied term requiring the defendant to pay out the benefits under that policy and could not be deleted unilaterally. [47] Mr Kiely addressed the Court of Appeal’s tests for implication of terms in Attorney-General v NZ Post Primary Teachers’ Assn [1992] 1 ERNZ 1163 which found such terms could be: implied by rules of law; implied from the express terms of the contract; implied b...

8. BORA End of Life Choices Bill section 7 report [pdf, 263 KB]

   ...enacted, therefore provides a ground, established by law, by which a person may be deprived of their life. 27 At [64]. For example, in Shortland v Northland Health Ltd [1998] 1 NZLR 433 the Court of Appeal held that the Northland Health Board could not be compelled to continue renal dialysis treatment, without which Mr Shortland would die, because the decision to discontinue dialysis was consistent with prevailing medical practices....

9. [2017] NZEmpC 96 Nisha v LSG Sky Chefs NZ Ltd Interlocutory judgment (No 23) [pdf, 246 KB]

   ...1 Nisha v LSG Sky Chefs New Zealand Ltd [2015] NZEmpC 171, (2015) 13 NZELR 185. 2 Nisha v LSG Sky Chefs New Zealand Ltd [2016] NZEmpC 77. 3 Nisha v LSG Sky Chefs New Zealand Ltd [2016] NZEmpC 166. [9] On 2 May 2017, the Court of Appeal declined leave to appeal the findings made in Interlocutory Judgment (No 22). 4 [10] Soon after, a telephone directions conference was convened on 11 May 2017, so that the cost issues could be timetabled for resolution. As a result...

10. Gill v Singh [2016] NZIACDT 36 (30 June 2016) [pdf, 155 KB]

    ...or her account of the matters charged, there can be no complaint if the Tribunal draws the unfavourable evidentiary inference which absence from the witness box commonly attracts. [36] In Ithaca (Custodians) Ltd v Perry Corporation 6 the Court of Appeal considered what inferences may be drawn from the absence of witnesses. The Court observed: [153] …The absence of evidence, including the failure of a party to call a witness, in some circumstances may allow an inference that the miss...