Search Results

1. Proactive-release-Legal-Services-Amendment-Bill_FINAL.pdf [pdf, 1.8 MB]

   ...this Bill create, amend, or remove: (a) offences or penalties (including infringement offences or NO penalties and civil pecuniary penalty regimes)? (b) the jurisdiction of a court or tribunal (including rights to NO judicial review or rights of appeal)? The Bill does not directly amend offences or penalties. It removes legal aid funding for s27 reports which, as noted above, provide information that informs judicial decisions about the type and length of a sentence. 3.4.1. Was the...

2. INZ v Soni [2018] NZIACDT 6 (9 March 2018) [pdf, 315 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. [64] In Ithaca (Custodians) Ltd v Perry Corporation the Court of Appeal considered what inferences may be drawn from the absence of witnesses.9 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 mi...

3. [2006] NZEmpC WC 10/06 Timmins v Asure New Zealand Ltd [pdf, 121 KB]

   ...different. Mr Timmins’s promised work ended on 4 January 2002. He did not work after that date, or even seek work with ASURE even when he went to Imlay on 7 January 2002 to collect the employment agreements. [90] As was confirmed by the Court of Appeal in Warwick Henderson Gallery Ltd v Weston2 an oral agreement of employment is enforceable even though the ERA requires employment agreements to be in writing. In this case, however, it is inarguable that any oral offers of emp...

4. Ministry-of-Justice-National-Panui-June-2022-web.pdf [pdf, 463 KB]

   ...on 26 August 2014 - Application to the Chief Judge A20220005916 45/93 Dennis Wattie McDonell Section 4 Block 1 Pipiriki Township - and an order made at 141 Whanganui MB 17 - application to the Chief Judge A20220006084 58/93 Hareruia Aperahama Appeal 2022/5 - Sections 57, 58, 70, 72 and 100 of the Ratana Pa Block - and a decision made on 11 April 2022 at 447 Aotea MB 93 -107 - Notice of Appeal 50 NATIONAL PÄNUI - Pipiri / JUNE 2022 - P 2021 31 9 2022) 1. The COVID-19 Prot...

5. Pomare - Estate of Peter Here Pomare (2015) 103 Taitokerau MB 95 (103 TTK 95) [pdf, 264 KB]

   ...tikanga for a whangai who is not of the bloodline or of the whakapapa to the land to succeed to those land interests outright. I understand that such tikanga applies generally throughout the Taitokerau and reflects the tikanga discussed in the Re An Appeal by Waimania Hohua decision concerning Tuhoe where the expert witness, Professor Milroy, offered the view that it is “unlikely that the Tuhoe tikanga would be considerably different from other tribal areas prior to the Māori La...

6. Supplementary Regulatory Impact Statement: Extending the duration limit of Police safety orders [pdf, 667 KB]

   ...which affects the fairness and equity of the outcomes. There is a risk of poor judgement by police officers in making a decision to issue a PSO, and for what duration. This risk has significant consequences because there is no judicial oversight/appeal right. This contrasts with Australia and United Kingdom where there are links to court processes. The proposal also provides a greater risk to the wellbeing of the victim and associated people. The removal of the bound person from the a...

7. Proactive release - Privacy Bill: Approval for Supplementary Order Paper and draw down of Budget 2014 tagged contingency [pdf, 925 KB]

   ...investigated by the OPC and how these types of proceedings will be dealt with in the Tribunal. Clause 103 – aggrieved individual may commence proceedings in Tribunal The Bill is clear that the Tribunal can award damages as part of an appeal against an access direction. It does not provide that an individual can bring a claim for damages when they have obtained an access direction and are not seeking to challenge the terms of that direction (or have obtained...

8. Waitangi Tribunal - District 11 Hawkes Bay [pdf, 4.8 MB]

   RANGAHAUA WHANUI DISTRICT lIB HAWKE'S BAY DEAN COWIE SEPTEMBER 1996 WORKING PAPER: FIRST RELEASE WAITANGI TRIBUNAL RANGAHAUA WHANUI SERIES Other reports in the Rangahaua Whanui Series available: District 1: Auckland, R Daamen, P Ramer, and B Rigby District 7: The Volcanic Plateau, B J Bargh District 9: The Whanganui District, S Cross and B Bargh District l1A: Wairarapa, P Goldsmith District 12: The Wellington District, Dr R Anderson and K Pickens District 13: The Nor

9. West & Anor as Trustees of the Christine West Family Trust v Perry [pdf, 769 KB]

   CLAIM NO: 02368 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN CHRISTINE MURIEL WEST and WILLIAM HENRY HAWKEN as Trustees of the CHRISTINE WEST FAMILY TRUST Claimants AND GLENN ANDREW PERRY and LYNDA MAREE PERRY First Respondents AND JESSOP ARCHITECTS LIMITED Second Respondent AND BERNIE W LEE trading as Island 2000 Third Respondent AND No fourth respondents, Michael Craig Norgate an

10. Peacocke - Part Puketiti 2B 2B 1 Block and Lot 1-Deposited Plan South Auckland 33533 (2020) 205 Waikato Maniapoto MB 202 (205 WMN 202) [pdf, 348 KB]

    ...[30]. 17 Above n 13 at [36]. 18 Above n 13 at [37]. 19 Moore v Oakura F2A (2019) 2004 Taitokerau MB 64 (204 TTK 164). 20 Māori Affairs Act 1953, s 233(1). 21 Above n 19 at [19]. 205 Waikato Maniapoto MB 214 [52] That decision was appealed. In Moore – Part Oakura F2A the Māori Appellate Court agreed with the approach taken by Judge Wara, which was that the status of a block of land could not change merely by definition and a transfer to a non-Māori.22 They held t...