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1. Justice Matters - issue 17 - December 2019 [pdf, 5 MB]

   ...important mechanism that will enable investigations into miscarriages of justice to be completed in an independent, timely and fair way. “We’ve seen how our justice system can very occasionally get things spectacularly wrong, even with rights of appeals, and there needs to be a chance for the innocent on the right grounds to seek a final review of their case.” The Commission will have important information- gathering powers, including the ability to apply for a court order to acc...

2. [2020] NZEmpC 51 O’Boyle v McCue [pdf, 298 KB]

   ...information not be disclosed whether or not the communication or information is privileged by another provision of this subpart or would, except for a limitation or restriction imposed by this subpart, be privileged. [35] In R v X, the Court of Appeal discussed the scope of s 69 in detail.5 It emphasised that confidential information may be disclosed in court unless the judge gives a direction under s 69(2) having regard to the factors in s 69(3).6 It is also clear from the judg...

3. Auckland Standards Committee 5 v Hong [2020] NZLCDT 5 [pdf, 265 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2020] NZLCDT 5 LCDT 016/19 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE 5 Applicant AND BOON GUNN HONG Respondent CHAIR Judge BJ Kendall (retired) MEMBERS Ms J Gray Mr G McKenzie Prof D Scott Ms S Stuart DATE OF HEARING 12 and 13 December 2019 HELD AT Specialist Courts and Tribunals Centre, Auckland DATE OF DECISION 10 Febr

4. [2018] NZEmpC 13 Lyttelton Port Co Ltd v Rail and Maritime Union of NZ Inc [pdf, 327 KB]

   ...Secretary for Justice v New Zealand Public Service Assoc Inc [1990] 2 NZLR 36 (CA). 13 At 41. 14 At 41. 15 At 41. 16 At 41. [27] In New Zealand Rail Ltd v New Zealand Combined Union of Railway Employees, a full Court of the Court of Appeal emphasised the importance of practicality in the interpretation exercise.17 It provided yet further guidance as to the correct approach. It said:18 Such a notice must be interpreted in the light of the information which it w...

5. Scott v Hori - Estate of Wharepouri Paoro [2018] Chief Judge's MB 871 (2018 CJ 871) [pdf, 375 KB]

   ...order was made or through submissions on the law. Issues [18] The issues to determine in this case are: 2 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 3 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2018 Chief Judge’s MB 887 (a) Should Jerry Herewini Hori have been included in the vesting order made under s 81A?; and if so (b) Was the order complained of erroneous in fact or in law because of any mistake or omiss...

6. Rebecca Liv Stirnemann - Evidence in Chief [pdf, 699 KB]

   BEFORE THE ENVIRONMENT COURT Auckland Registry ENV-2015-AKL-0000134 IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANA TRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Res~ondent STATEMENT OF EVIDENCE OF REBECCA LIV STIRNEMANN ON BEHALF OF THE ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INC Royal Forest and Bird Protection Society of New Zealand...

7. [2021] NZEnvC 171 Public and Population Health Unit of the Northland District Health Board v Northland Regional Council [pdf, 546 KB]

   ...Health Unit of Northland District Health Board v Northland Regional Council (Topic 8 – Agrichemicals) IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2021] NZEnvC 171 IN THE MATTER OF an appeal under Clause 14 of Schedule 1 of the Resource Management Act 1991 (the Act) AND Topic 8 (Agrichemicals) of the Proposed Northland Regional Plan BETWEEN PUBLIC AND POPULATION HEALTH UNIT OF THE NORTHLAND DISTRICT HEALTH BOARD (...

8. COVID-19 (Vaccinations) Legislation Bill [pdf, 247 KB]

   ...occurred without proof of mens rea. The accused is required to prove a defence (on the balance of probabilities), or disprove a presumption, to avoid liability. 74. Although infringement offences do not result in a criminal conviction,21 the Court of Appeal in Henderson v Director, Land Transport New Zealand held that the rights in ss 24 and 25 of the Bill of Rights Act apply to minor offences dealt with under the infringement notice regime.22 75. Strict liability offences may neverth...

9. Turner v Itchyfoot Pty Ltd [2021] NZHRRT 27 [pdf, 198 KB]

   ...which to separate obviously personal information about someone from that which is not. Rather, a fact-based contextual approach to this question is required. See Taylor v Corrections at [80]–[81], [83]–[85], [100] and [106]–[122]. [29] On appeal, the High Court agreed that the definition of personal information was broad and not limited to that which was sensitive, intimate or private. The Court also agreed that the question of whether information is “about” an identifiabl...

10. Hoban v Attorney-General [2022] NZHRRT 16 [pdf, 161 KB]

    ...The good faith obligation under the Vienna Convention on the Law of Treaties, 1969, art 26 required no less. All this has been fully explained by the Tribunal in Wall v Fairfax New Zealand Ltd at [115] to [140] and approved by the High Court on appeal in Wall v Fairfax New Zealand Ltd at [16] and [23]. [53] The point made by the Attorney-General is that New Zealand has no treaty obligations which require the enactment of legislation prohibiting the advocacy or incitement of hatred or d...