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1. Social Wellbeing Commitee Paper COVID-19 options to amend Sale And Supply of Alcohol FINAL [pdf, 1.5 MB]

   ...officials have reviewed the proposal and consider that key elements of the alcohol licensing regime would be undermined if introduced as written. These include the public objection process, reporting and potential opposition by regulatory officers, appeal rights, and the DLC’s discretion to consider a wide range of matters – rather than constrained to a narrow range of specific conditions and being required to grant a variation if these are met. Further, DLCs can refer matters to the...

2. [2021] NZEmpC 177 Allison v Ceres New Zealand LLC [pdf, 267 KB]

   ...therefore, necessary to interpret the section adaptively. The Court is also empowered to consider any other factors it thinks appropriate and that may have a bearing on applying s 103A(3).6 [15] In Grace Team Accounting v Brake the Court of Appeal held that if an employer can show the redundancy is genuine (where genuine means the decision is based on business requirements and is not a pretext for dismissing a disliked employee), and that the notice and consultation requirements...

3. LCRO 36/2021 ED v MR and FR (14 April 2022) [pdf, 242 KB]

   ...and Mrs FR’s responses, largely repeat information provided to the Standards Committee. Scope of review [46] 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 inv...

4. [2022] NZEmpC 218 New Zealand Nurses Organisation v Te Whatu Ora Health New Zealand [pdf, 326 KB]

   ...disclosure of potentially relevant documents and their admissibility in evidence, he also said that, when it comes to assessing relevance, it is necessary to consider the context of “overbreadth and oppressive effect”. [95] The Court of Appeal in Airways Corporation of New Zealand Ltd v Postles noted that the concept of relevance should not be looked at narrowly, albeit the concept can never be divorced from the issues raised by the pleadings.19 A possibly more restric...

5. LCRO 100/2021 QT v Righteous Law Ltd (21 June 2022) [pdf, 252 KB]

   ...correct. They provide an expert’s opinion from Mr BF in support of the respondent. Nature and scope of review [36] The High Court has described a review by this Office in the following way:17 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. I...

6. Engelbrecht TRI-2020-100-007 Procedural Order 5 [pdf, 200 KB]

   ...[1984] 2 NZLR 548 (HC) at 593–595; Hermann v Martin [2020] NZHC 688 at [39]. 11 Morton, above n 10. 12 Trevor Ivory Ltd v Anderson [1992] 2 NZLR 517 (CA) at 527. 13 Hsu v Mahoney [2021] NZHC 1611 at [186]–[194], relying on the Court of Appeal in Body Corporate 202254 v Taylor [2008] NZCA 317, [2009] 2 NZLR 17. 14 At [203] (footnote omitted). 6 designed by Paul Maurice Foley (Mr Foley), the fourth respondent, possibly on behalf of Paul Foley Design Ltd (PFDL). The...

7. Appendix-7_Julia-Williams_s87F-Report_Natural-Character_28-April-2023.pdf [pdf, 295 KB]

   ...the Ō2NL Project. Secondly, its approach to restore and rehabilitate the natural character of these areas where appropriate and practicable, seems wider than the GWRC’s objective to preserve and protect from inappropriate development. 2 Appeals Version 2022. Section 87F Report – Ōtaki to north of Levin Highway Project (Ō2NL Project) Prepared by Julia Williams – Natural Character 11 26. By definition, a large section of new roading infrastructure runn...

8. JSLB-BIM_Redacted-_FINAL.pdf [pdf, 1.2 MB]

   ...administered across the following areas: • courts and tribunals • civil law • criminal justice and victims • constitutional • criminal law • occupational regulation • family Responsible for prosecuting the most serious crime, criminal appeals, and the oversight of public prosecutions. No legislation administered. Minister of Police: Responsible for the Police and the Serious Fraud Office. This includes oversight of the general conduct, functions, and duties of the...

9. [2023] NZEmpC 45 Wiles v The Vice-Chancellor of the University of Auckland [pdf, 281 KB]

   ...opinion may be relied on by the fact-finder only if that fact is or will be proved or judicially noticed in the proceeding. (4) … (5) … 16 BNZ Investments Ltd v Commissioner of Inland Revenue (2008) 19 PRNZ 71 (HC) at [15], upheld on appeal Commissioner of Inland Revenue v BNZ Investments Ltd [2009] NZCA 47, (2009) 19 PRNZ 553 at [45]. 17 Bain v R [2009] NZSC 16, [2010] 1 NZLR 1 at [62]. 18 Evidence Act, s 4. [35] Thus, to the extent the expert evidence is...

10. OIA-98262.pdf [pdf, 1.8 MB]

    ...Tribunal also noted the disqualification of sentenced prisoners is, in practice, acting as a permanent rather than a temporary ban on voting. Court findings 5. The Tribunal’s report follows the High Court’s declaration (upheld in the Court of Appeal and the Supreme Court) that the disqualification is inconsistent with the New Zealand Bill of Rights Act 1990 (NZBORA). Timing 6. The paper proposes that if Cabinet decides to change the law, that this be progressed before the 2020 electio...