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1. [2021] NZEmpC 113 Waitoa v The Chief Executive of the Ministry of Social Development [pdf, 231 KB]

   ...was arrested for trespass and forcibly removed from the premises and into the Police car. MSD conducts employment investigation [27] In the days after the sit-in, Mrs Banaghan, who was then the General Manager, Residential, High Needs and Care Services, learnt of the incident. She was the decision-maker in relation to any decisions to be made regarding Mrs Waitoa arising out of the sit-in. The Manager Operational Support, Residential and High Needs was tasked to undertake...

2. Whats New for lawyers providing Legal Aid

   ...October 2025 The Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 comes into force Friday 17 October 2025.  The Act adds a new ground for dissolution under section 39A, allowing: A person with a final protection order against their spouse or civil union partner to apply for dissolution without the two-year separation requirement.A joint application if both parties hold final protection orders against each other.The criteria for the new ‘p...

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3. [2018] NZEnvC 021 Te Tumu Kaituna 14 Trust v Tauranga City Council [pdf, 8.2 MB]

   ...system providing opportunities and integrated links for both public and private transportation modes; (c) Demand management is considered in planning, design and transport investment decisions; (d) Existing and future transport corridors defined and protected; and (e) Integrated transport packages for funding are developed. The s32 report says in relation to this policy: The plan change does not promote any change in the basic urban layout of the new suburb. The roading layout will...

4. Committee on the Elimination of All Forms of Racial Discrimination – summary record 18th-20th reports (continued) [pdf, 117 KB]

   ...criticisms voiced by the Committee, public opinion in New Zealand and the Special Rapporteur on the rights of indigenous peoples. Under the new Act, Maori could bring before the High Court their customary (marine) title applications and could secure protection or recognition of their customary rights through an agreement with the Crown. Currently, 12 requests had been submitted to the Crown and another 12 were pending before the High Court. 7. The bill amending the Human Rights Act...

5. BORA Consumer Law Reform Bill [pdf, 341 KB]

   ...21 (freedom from unreasonable search and seizure) and s 25(c) (right to be presumed innocent) of that Act. PURPOSE 3. The Bill seeks to revise and update consumer law so that it is principles-based, enables consumers to transact with confidence, protects reputable suppliers and consumers from inappropriate market conduct, is easily accessible to those who are affected by it, and achieves harmonisation with the Australian Consumer Law. 4. To this end, the Bill is an omnibus bill that a...

6. Regulatory Impact Statement: Legal Aid Eligibility [pdf, 82 KB]

   ...Where an applicant has five or more dependents $6,689 is added to the income threshold for each additional child. 4 For example, the applicant may have a disability, illness or injury which makes additional demands on their financial resources, or a protection order applicant may be unable to access resources controlled by their partner. 4 7. Cabinet acknowledged that over time this would reduce the real value of the eligibility thresholds, as they would remain static while wages...

7. Rec-Recap-2023-Q3-FINAL.pdf [pdf, 790 KB]

   ...April 2021. On 20 April 2021 Mr Oh went fishing with his friend, Mr Song at Piha Beach. They arrived at about 4:00am and walked to a rocky area facing the sea known as Camel Rock. They began fishing in a small nook where they believed they were protected by the waves. Initially they remained behind a boulder and were casting their lines over it. However, Mr Song’s line got snagged and snapped so he moved behind the boulder to repair it. At the same time, Mr Oh also moved so he cou...

8. Carter v Tulip Holdings Ltd [pdf, 180 KB]

   ...19 LIABILITY FOR LOSS CAUSED BY THE CLAIMANTS’ DWELLING BEING A LEAKY BUILDING 23 The liability of the First respondent, THL, in contract 23 The liability of the Fifth respondent, Brown Day, in tort 27 • The standard of care 28 • Evidence of the standard 29 • The standard of plans and specifications generally 30 CLAIM NO.00692 – CARTER DETERMINATION.doc 3 • The standard of the plans and specifications of Brown Day 37 �...

9. CAC 20006 v Spencer [2013] NZREADT 55 [pdf, 47 KB]

   ...considered the defendant's unsatisfactory conduct was "rather at the lower end of the scale". Relevant Law [4] It is settled law that decisions of disciplinary tribunals should emphasise the maintenance of high standards and the protection of the public through specific and general deterrence. However, while this may result in orders having a punitive effect, this is not their purpose; refer Z v CAC [2009] 1 NZLR 1; CAC v Walker [2011] NZREADT 4. [5] The unsatisfactor...

10. BORA Psychoactive Substances Bill [pdf, 334 KB]

    ...rather restricted. And the regulation-making powers must be exercised consistently with the free expression right (and will be ultra vires if they unjustifiably limit it). The limits are rationally connected to an important objective, which is the protection of public health in the context of products which may pose some (albeit low) risk of harm. In our view, the proposals reflect a reasonable and proportionate response to a complex social problem.[43] Yours sincerely Crown Law...