Search Results

1. BORA Immigration Amendment Bill (No 2) [pdf, 328 KB]

   ...treatment. 6.The Government is under an obligation not to deport a person where the person faces a real risk of being subjected to torture or the arbitrary taking of life 1. 7.Clauses 35, 39 and 56 affect the circumstances in which a person may appeal against a decision on humanitarian grounds. These amendments do not affect a person’s ability to claim asylum in New Zealand. If a person alleged they would be subject to torture or death if returned to their home country or country...

2. ZA v GL LCRO 258/2012 (31 March 2016) [pdf, 67 KB]

   ...discretion, it is appropriate for the LCRO to exercise particular caution before substituting his own judgment for that of the Standards Committee, without good reason. [21] In Deliu v Hong it was noted that a review is:1 … much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reaching hi...

3. NE v RL LCRO 88/2013 (27 February 2015) [pdf, 82 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. Review Hearing

4. KB v JR LCRO 246/2012 (20 May 2014) [pdf, 175 KB]

   ...estate will be regulated services. [Mr] TF disagrees with that decision for the following reasons: (a) Estate administration stands as a separate and discrete and substantial discipline of its own. (b) The foregoing is reflected in the Court of Appeal decision of Hansen v Young [2004] 1 NZLR 37 at paragraphs [33] to [36]. At paragraph [34], the Court of Appeal referred to the House of Lords decision in Dubai Aluminium Company Limited v Salaam [2003] 1 All ER 97 where Lord Mi...

5. JG v RS LCRO 245 / 2010 (15 March 2012) [pdf, 97 KB]

   ...rendered by us to our client, the plaintiff, were irrelevant to that process and should not have been taken into consideration in the Committee’s overall determination” [44] If Mr JG took issue with Judge Cunningham’s decision, he should have appealed it to the High Court. The complaints process and this review is no substitute for an appeal and both the Standards Committee and myself must proceed on the basis of the Judge’s decision. [45] That decision was that the Co...

6. ASC - 2012 annual report [pdf, 1.2 MB]

   ... closed  the  Supreme  Court  delivered  its   final   judgment   in   the   Right   to   Life   v   Abortion   Supervisory   Committee   case,   dismissing     Right  to  Life’s  appeal.    See  the  section  ‘Supreme  Court  Proceedings’  below  for  more  detailed   information.     In  May  2012  the  Committee  appeared  before  the  Justice  and...

7. Freemans Bay Residents Association Inc 187 [pdf, 527 KB]

   Before the Environment Court ENV-2016-AKL-000187 In the matter of: Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) - Appeal against decision on proposed Auckland combined plan - s 156(1) of the LGATPA - Topics 062, 063 & 081/083 - Rule H6.6.6 Height in relation to boundary - Residential - Terrace Housing and Apartment Building Zone And: Lynne Butler, Paul Gregory, Gunn Family Trust, Lydia Hewitt, Trevor Lund...

8. [2018] NZEmpC 33 Nisha Alim v LSG Sky Chefs New Zealand Ltd [pdf, 289 KB]

   ...application for costs.9 An application for costs is to be treated no differently for costs purposes from an ordinary interlocutory application, so costs may be awarded according to scale or on an increased or indemnity basis as appropriate. [15] On appeal, that approach was approved by the Court of Appeal in Strata Title Administration Ltd v Body Corporate Administration Ltd.10 [16] In this Court, such an approach has been adopted pursuant to the Court’s broad jurisdiction as...

9. Rata – Pakanae 2W1B (2016) 125 Taitokerau MB 17 (125 TTK 17) [pdf, 214 KB]

   ...13 (1987) 25 Ruatoria MB 61 (25 RUA 61). 14 [2000] 3 NZLR 614 (CA). 15 [1997] 1 WLR 687, [1997] 2 All ER 513. 125 Taitokerau MB 22 [13] In Lockwood Buildings Limited v Trustbank Canterbury Limited, 16 the Court of Appeal found that an article fixed to the land, even slightly, is considered to be part of the land unless the circumstances show that it was intended all along to remain as a chattel. [14] In the present case, the house is affixed to timber pi...

10. BORA National Animal Identification and Tracing Bill [pdf, 205 KB]

    ...activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, s 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 8. The Court of Appeal has said that the “touchstone” of s 21 is the protection of reasonable expectations of privacy: "The main aim of s 21 of the Bill of Rights is to protect privacy interests. It is only where a person's reasonable expec...