Search Results

1. Pope v Human Rights Commission (Strike-Out Application) [2014] NZHRRT 3 [pdf, 88 KB]

   ...he or she may do or report or say in the course of the exercise or intended exercise of his or her functions under the Act (unless it is shown that he or she acted in bad faith). [47.2] In the face of these provisions it would be absurd were the protection conferred by s 25 of the Act to apply to proceedings in any court, but not in a tribunal. [47.3] The more so in the case of the Human Rights Review Tribunal given its characteristics as discussed in O’Neill. [48] It follows t...

2. Derringer Trust v Upton [pdf, 19 KB]

   ...weathertightness could be achieved without installing flashings. [12] Mr Bidwell confirmed the other leaking areas were as set out in the assessor’s report. [13] The assessor found that various areas of the polystyrene cladding along with the protective coating had failed and required complete removal. He also identified a general lack of flashings and the need to replace the spouting correctly. He noted internal damage as a result of the leaks. [14] The assessor at...

3. LA v VY LCRO 217 / 2010 (30 April 2012) [pdf, 73 KB]

   ...Practitioner responded, stating that the Applicant was not compelled to sign the settlement document. The Practitioner added the Applicant had received independent advice from Ms L (a lawyer) and also, he understood, from a barrister. [13] I carefully examined the document, which contained a number of settlement terms. It was in fact drafted by the barrister, and although the Practitioner stated that the Applicant was not compelled to sign it, I note that the document itself o...

4. [2018] NZEnvC 033 Burkhart Fisheries Limited v Marlborough District Council [pdf, 1.1 MB]

   ...proceeding now because the appeal is still at an early stage, the evidence has not been exchanged and there has been no mediation. MEC reply, received 12 March 201 8. 3 Position of the other parties [6] The CounciF and the Royal Forest and Bird Protection Society of New Zealand Incorporated ('RFB') (a s 274 party)' do not oppose the application for waiver. [7] The appellant opposes the application on the grounds: 4 (a) the s 274 notice has been filed over five...

5. BORA Resource Management (Enhancement of Iwi Management Plans) Amendment Bill [pdf, 314 KB]

   ...every stage of the planning process.[2] 12. Nevertheless, the Courts have made it clear that the interests of Māori are not the only interests to consider: While the Maori dimension, whether arising under s 6(e) or otherwise, calls for close and careful consideration, other matters may in the end be found to be more cogent when the Court, as the representative of New Zealand society as a whole, decides whether the subject-matter is offensive or objectionable under s 314. In the end...

6. Hallett v Te Moana - Estate of Sheryl Marie Te Moana (2019) 399 Aotea MB 138 (399 AOT 138) [pdf, 297 KB]

   ...succeed to Ms Te Moana on intestacy would be her siblings, given she did not have children. [15] However, as foreshadowed, the position of Ms Hallett must also be considered in the context of s 116 of the Act and the provisions of the Family Protection Act 1955. Is Ms Hallett entitled to an order per s 116 of the Act? [16] Section 116 of the Act provides: 116 Court may make special provision relating to income (1) Subject to subsection (2), in the exercise of its powers under...

7. BORA Public Finance (State Sector Management) Bill [pdf, 48 KB]

   ...seizure. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. Inspection powers - clause 37 15. Clause 37 of the Bill amends the State Sector Act 1988 by repealing section 8 and substituting a new pr...

8. CAC 304 v Morris [2016] NZREADT 35 [pdf, 124 KB]

   ...Trust.” Submissions for the Prosecution [4] Ms Copeland (as counsel for the prosecution) noted that it is well established that penalty decisions of professional disciplinary tribunals should emphasise the maintenance of high standards and the protection of the public through specific and general deterrence. While this may result in orders having a punitive effect, this is not their purpose Z v CAC [2009] 1 NZLR 1; CAC V Walker [2011] NZREADT 4. [5] In CAC v Spencer [2013] NZREADT...

9. Notes from Crown Maori Relations hui Christchurch 15 April 2018 [pdf, 412 KB]

   ...issue of water, either in terms of water quality, the ownership/allocation of water, and access and control. Legacy issues in relation to water quality was raised by several speakers. There was an emphasis on the point that if water quality is not protected, that this is having (and will have) an impact on people – quality of kai, their health and whānau life. • Water quality – Several speakers were concerned about the pollution of waterways in Canterbury, and that polluters...

10. Canterbury Standards Committee v Sisson [2011] NZLCDT 35 [pdf, 143 KB]

    ...recognises that she needs intense psychological therapy and is unable to cope with 5 practice at the present time. Obtaining such professional assistance could have been viewed as a step towards rehabilitation that was a mitigating or protective step, but once again Ms Sisson failed to approach it in a proper or timely way and her refusal to show us the report meant no reliance could be placed upon it. Ms Sisson sought a period of suspension rather than strike off. She pro...