Search Results

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. 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...

3. 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,...

4. [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...

5. 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...

6. [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...

7. [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...

8. 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...

9. Smith v Waitakere City Council [pdf, 220 KB]

   ...costs 34 Lost wages and printing 35 Stress (General damages) 36 LIABILITY FOR DAMAGE TO THE CLAIMANT’S DWELLING 37 The liability of the First respondent, the Council 37 Did the Council exercise the requisite standard of care In this case 41 The Code Compliance certificate as evidence of Absolute compliance with the Building Code 41 The inspection regime 42 Reliance on drainlayer’s qualifications/expertise 45 3 The issue by the...

10. OIA-99969.pdf [pdf, 23 MB]

    ...for the necessary consultations to take place. The documents found that are in scope of your request are listed in the appendix. Copies of the documents themselves are attached. Some information has been withheld under section 9(2)(a) of the Act to protect privacy of natural persons. In accordance with section 9(1) of the Act, I have considered the public interest in making available the information being withheld and determined that it does not outweigh the need to withhold the informa...