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1. ET v F Ltd & EN [2024] NZDT 562 (9 August 2024) [pdf, 199 KB]

   ...party I need to consider and evaluate the evidence presented to the Tribunal by the parties. Did EN drive negligently and cause the collision while driving F Ltd’s van? 10. A person may not drive a vehicle, or cause a vehicle to be driven, carelessly or without reasonable consideration for other persons: s8 Land Transport Act 1998. A driver also owes a common law duty of care to other drivers to take reasonable care in operating their vehicle and will be responsible for any re...

2. Directory of Official Information 2019 G-I [pdf, 1.1 MB]

   ...Security Act 2017 requires that the Minister responsible for the intelligence and security agencies issue Ministerial Policy Statements in relation to the lawful activities of the agencies. Functions and responsibilities The GGCSB’s mission is to protect and enhance New Zealand’s security and wellbeing. CSB has two primary objectives - to deliver Impenetrable Infrastructure and Indispensable Intelligence. The GCSB has five core functions: • Intelligence collection and analysis;...

3. ENV-2016-CHC-000071 Application for Declarations [pdf, 3.6 MB]

   ...permitted clearance thresholds, resource consent is required under Rule 12 of the District Plan. 5 That Council has an active duty to avoid, remedy, or mitigate adverse effects on the environment under s6(b), s6(c), s17, s31(1)(b)(ii)(a) RMA to: (a) Protect areas of significant indigenous vegetation and significant habits of indigenous fauna, including when areas are not identified in planning maps. (b) Protect outstanding natural landscapes, including the landscapes' ecologica...

4. BORA Evidence Bill [pdf, 406 KB]

   ...The bill's purpose is expressed to be: to help secure the just determination of proceedings by - (a) providing for facts to be established by the application of logical rules; and (b) promoting fairness to parties and witnesses; and (c) protecting rights of confidentiality and other important public interests; and (d) avoiding unjustifiable expense and delay 3. The bill codifies many existing rules of evidence and procedure (common law or statutory), but also modifies some rul...

5. Strengthening the Criminal Justice System for Victims: Survey report [pdf, 1.2 MB]

   ...the system should be more rehabilitative. Victims should be at the centre of the system Many people described the criminal justice system as offender-centric, which is exemplified by the following statement: “The system is totally geared towards protecting and supporting the offender.” 08 Respondents reported that the system is currently set up in a way which only works for the offender by: protecting the offender, offering the offender more support and investment than the victim,...

6. [2022] NZIACDT 19 – TA v Tian (Sanctions) (25 July 2022) [pdf, 185 KB]

   ...counsel. In her submissions (19 May 2022), counsel notes that the Tribunal found a pattern of conduct with Ms Tian failing to advise the complainant of applications. Those failures were found to be deliberate and not the result of any lack of due care. [13] It is submitted that Ms Tian’s conduct is at the high end of gravity of misconduct. There are no mitigating factors. Counsel identifies certain aggravating features: (1) Dishonest and deceptive conduct over a prolonged pe...

7. AMLCFT Statutory Review Summary Document [pdf, 301 KB]

   ...The Ministry must report back to the Minister of Justice by 30 June 2022 with recommendations about whether anything in the Act needs to change. There are a number of reasons why we might recommend changes, but any recommendation will involve a careful balance between addressing the harms of money laundering and terrorism financing and ensuring that businesses can operate efficiently and innovatively. Some of the reasons why changes may be recommended include: • addressing new area...

8. [2021] NZACC 102 – Broad v ACC (16 November 2021) [pdf, 632 KB]

   ...out release of baby, my husband says she travelled 600 millimetres approximately when delivered. This was followed by a feeling of exposed cooling of flesh, like I was hanging out. My baby was delivered violently, without control, supervision, protection, attendance or restraint by anyone. My husband said he moved to rescue our baby as she stopped short of the bed end on right side. He was horrified as she was still, silent, lifeless and a grey/blue colour. He thought s...

9. [2015] NZEnvC 105 Opoutere Ratepayers and Residents' Association v Waikato Regional Council [pdf, 2.2 MB]

   ...of Opoutere ................................................................. 14 The arguments and the issues .................................................................................. 18 Does the NZCPS require the site to be identified to protect its ecological values, and if so, does this require mapping or something else? ......................................... 19 The proposed RPS provisions ............................................................................. 24 D...

10. Lowe and Ors as Trustees of the Vivienne Hicks Family Trust v Morrison [2011] NZWHT Auckland 27 [pdf, 263 KB]

    ...Inspections ......................................................................................... 16 Conclusion on Council liability ................................................................... 20 DID MR SAVILL OWE THE CLAIMANTS A DUTY OF CARE AS THE DEVELOPER OR PROJECT MANAGER OF THE DEVELOPMENT? ........ 20 DID MR JANSEN BREACH ANY DUTY OF CARE IN BUILDING AND SUPERVISING THE CONSTRUCTION? .................................................... 26 DID MR VESEY BREACH ANY D...