Search Results

1. Proactive-release-Re-written-Evidence-Regulations-6-July.pdf [pdf, 1023 KB]

   ...20. The second issue is the obligation to destroy video evidence 10 years after the court proceeding is finally determined or discontinued (or 7 years after it was made, if not used in court). Those obligations do not reflect modern practice around appeals, which can be initiated significantly after the 10-year period, or the recording’s potential value as propensity evidence4 in later cases. 21. I propose to remove the obligations so that, after the period the video evidence must be r...

2. Toia v Corrections (Jurisdiction) [2018] NZHRRT 46 [pdf, 299 KB]

   ...drafted with the assistance of Mr Taylor who was also then at Auckland Prison. The 5 judgment of Brewer J in the High Court is to be found in Toia v Prison Manager, Auckland Prison [2014] NZHC 867 (30 April 2014). Mr Toia’s unsuccessful appeal to the Court of Appeal is recorded in Toia v Auckland Prison [2015] NZCA 624 (18 December 2015). [18] The claim was heard by Brewer J over 10 days in the period mid-2013 to late 2013. Mr Taylor gave evidence for Mr Toia by AVL. [19] M...

3. OIA-109347.pdf [pdf, 3.5 MB]

   ...Service Delivery Group is responsible for the Ministry's operational services, including the courts, tribunals, Legal Aid, centralised national services and provider and community services. The services we deliver support access to the Court of Appeal, High Court, 58 District Courts, Coroner’s Court, Environment Court, Employment Court and Māori Land Court. We want the judiciary to receive quality, effective support, wherever they are. Rele as e u nd er the O ffic ial...

4. [2019] NZEmpC 144 CBA v ONM [pdf, 577 KB]

   ...relevant when considering disability under the HR Act, that is, where two people with a disability may be treated differently by reason of the nature, degree or cause of their disability. [133] In B v Waitemata District Health Board, the Court of Appeal discussed this topic.15 It commented that although the term “intra-ground discrimination” is not used in the New Zealand Bill of Rights Act 1990 or the HR Act, it is sometimes used to describe a situation where, say, blind pers...

5. [2017] NZEnvC 180 Ngai te hapu Incorporated v Bay of Plenty Regional Council [pdf, 1.4 MB]

   BEFORE THE ENVIRONMENT COURT TE KOOTI TAIAO 0 AOTEAROA Decision No. [2017] NZEnvC \ 30 IN THE MATTER of the Resource Management Act 1991 AND appeals under s 120 of the Act BETWEEN NGAI TE HAPQ INCORPORATED (ENV-20 16-AKL -000042) NGA POTIKI A TAMAPAHORE TRUST (ENV-2016-AKL-000045) Appellants AND BAY OF PLENTY REGIONAL COUNCIL Respondent AND ASTROLABE COMMUNITY TRUST Applicant Court: Environment Judge JA Smith Date of Decision: 31 October 2017 Date of Issue: 31 Oc...

6. Māori Trustee v Forde – Section 186 Block V Longwood Survey District (2013) 17 Te Waipounamu MB 152 (17 TWP 152) [pdf, 206 KB]

   ...[2007] 2 NZLR 279 at [61] and Asmussen v Hajnal. 21 Murray v BC Group (2003) Ltd at [19] citing B A Trustees Ltd v Druskovich [2007] NZCA 131, [2007] 2 NZLR 279 at [61] and Asmussen v Hajnal. 22 Asmussen v Hajnal at [58] endorsed by the Court of Appeal in B A Trustees Ltd v Druskovich at [61] and referred to in Murray v BC Group (2003) Ltd at [18]. 23 Murray v BC Group (2003) Ltd at [14]. 17 Te Waipounamu MB 165 Case law under the Act [48] The most frequently cited dec...

7. Canterbury / Westland Standards Committee 3 v Johnson [2018] NZLCDT 5 [pdf, 464 KB]

   ...by proffering unsought advice on the wisdom of the transaction. To hold otherwise could impose intolerable burdens on solicitors.” [97] Mr Waalkens submits that two further cases have added a gloss to this. In the Haira38 case. The Court of Appeal commented on the Clark Boyce dictum as follows: “We do not read the judgment as holding that a solicitor will never be under a duty, whether before or after accepting instructions, to offer advice on the wisdom of the transaction. Whe...

8. [2018] NZEnvC 129 Royal Forest and Bird Protection Society v Canterbury Regional Council [pdf, 7 MB]

   ...invalidity of the Advice Note: 1B 19 20 21 22 (a) it notes the potential for the practice of issuing such advice notes to undermine the RMA's plan-making processes (including in terms of public participation and associated rights of appeal to the Environment Court). 19 It makes the obvious point that the Zone Committee, a creature of the Canterbury Water Management Strategy ('CWMS'), is not a va lid substitute for those processes;20 (b) it points to the poten...

9. Stewart v Manu Ariki Marae Reservation Trust - Manu Ariki Maori Reservation (2021) 436 Aotea MB 209 (436 AOT 209) [pdf, 501 KB]

   ...maintained. (See In Re Waipahihi Maori Reservation (1978) 59 Taupo MB 184; In Re Mount Tauhara Maori Reservation (1977) 58 Taupo MB 168; and In Re Sections 722, 790, 792, 793 and 794 Town of Orakei Blocks IX Rangitoto Survey District (Orakei Marae) (1990) Appeal 1989/8) It is important that the underlying beneficial ownership be maintained and that successions be completed. While the legal estate vests in the reservation trustees, the beneficial estate remains in the original owners or...

10. [2019] NZEmpC 99 Fernandez v Rappongi Excursions Ltd t/a Denny’s Restaurants [pdf, 440 KB]

    ...Court held that continuing to work does amount to consideration. The Employment Court cited an 7 Owen v McAlpine Industries Ltd [1999] 2 ERNZ 819 (EmpC). 8 At 837. earlier Court of Appeal decision, United Food & Chemical Workers Union of NZ v Talley where the Court held:9 We are disposed to think that the continued performance of the contract following a variation such as a voluntary pay increase, or the practical...