Search Results

1. 2025-06-19-WR-Justice-Assoc-Justice-Courts.pdf [pdf, 1.3 MB]

   ...Attorney-General. However, victims of torture can now seek redress under the New Zealand Bill of Rights Act 1990. Removing the reservation would improve our compliance with the Convention and align with recommendations from the Royal Commission on Abuse in Care. Initial advice was to be provided to the Minister of Justice by mid-2025 and this commitment is recorded on the Human Rights Monitor website. We intend to update the Human Rights Monitor to say that advice is...

2. [2023] NZEnvC 124 PowerCo Ltd v Manawatu District Council [pdf, 2.9 MB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision [2023] NZEnvC 124 IN THE MA TIER of appeals under cl 14 of Schedule 1 of the Resource :tvfanagement Act 1991 BETWEEN AND PO\'{IERCO LIMITED (ENV-2017 -\'v'LG-000060) TRANSPOWER NE\V ZEALAND LIMITED (ENV-2017-WLG-000064) (ENV-2021-\'v'LG-000025) Appellants MANA\VATO DISTRICT COUNCIL Respondent Court: Judge L J Semple sitting alone under s 279

3. [2015] NZEmpC 54 Goel v Director-General for Primary Industries [pdf, 266 KB]

   ...Authority’s or the Court’s decision about the absence of justification may give him grounds to seek to stay in New Zealand, albeit with other employment. That will ultimately be a matter for the Minister of Immigration and/or the Immigration and Protection Tribunal. [50] Next, although Mr Goel may be opposed adamantly, and on principle, to providing expert evidence of his state of psychiatric health, he should not be deprived of the opportunity to argue, as he wishes, that his...

4. LCRO 131/2022 GN, YL and EK v FQ (30 June 2023) [pdf, 212 KB]

   ...Alternatively, she suggested that matter may be suitable for an applicant only hearing. [46] After considering the submissions, I concluded that the review was suitable for determination on the papers and the parties were advised accordingly. [47] Having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that...

5. Kauikia-Stevens v Trustees of the Rangitatau 1D5A1 Block (2014) 318 Aotea MB 217 (318 AOT 217) [pdf, 267 KB]

   ...to such a degree as is evident from the material before the Court. [59] The hostility and rancour between the principal parties continues to distract the trustees from their obligations to the beneficiaries. In one sense, when the evidence is carefully considered, the present situation could unflatteringly be characterised as an extreme case of bad neighbours. The ongoing conflict between the applicant and his first cousin Scott Wirihana Tawake over quite mundane matters – acc...

6. Issues with access to justice in the Environment Court of New Zealand [pdf, 477 KB]

   ...having entered a state of considerable flux. In this paper, we do not comment on government policy and the formulating of substantive laws, as it is not our place as judges to do so. It can, however, fall within our responsibilities as judges to make careful public observa- tions about matters of court process and access to justice. This is what we set out to do in this paper, in the context of historic, current, and possible future legislative scenarios. Challenges facing environment courts...

7. PR v HG 69/2016 LCRO [pdf, 269 KB]

   ...reference to the deceit cause of action and the evidence to support it. [100] Reference is also made to the private investigator and his enquiries aimed at verifying the financial position of Mr HG and related entities. Counsel contends that the protections provided by rule 8.8 do not apply in the circumstances of Mr HG’s complaint. [101] Counsel also addressed the “numerous additional assertions and allegations”50 made by Mr HG in the course of his dealings with Ms PR, and...

8. The Trustees of the Tauwhao Te Ngare Trust v Shaw - Tauwhao Te Ngare Block and a preliminary decision of the Chief Judge at 2013 CJ 567 [2014] Māori Appellate Court MB 394 (2014 APPEAL 394) [pdf, 377 KB]

   ...it may show a disjoined vinculum over titles on either side of the roadway. Conversely, if it is shown as running over existing titles as per a right of way or has a joined vinculum running through it, then it is not a separate freehold title. Care should be taken in relying on sketch plans as they do not always follow the Court’s minute and are not necessarily approved by a Judge. Care should also be taken in relying on survey plans that have not been approved by the Court....

9. Electoral-Matters-Bill_Communications-Tranche-23.pdf [pdf, 26 MB]

   ...donations - our advice to date is 'monetary' covers paying for things that the donnee would otherwise have to pay for. Would it cover things like a discount (below reasonable value) as well as a gift that has a monetary value? Would need to be carefully drafted if the offence is not intended to cover people going into a prize draw if they enrol. Broader prohibition on any incentive Wou ld affect the Electoral Commission's ability to give out branded merch at events where...

10. Strickland v Gaensicke [2011] NZWHT Auckland 46 [pdf, 273 KB]

    .............................................................................................. 26 WAS SHINGLE AND SHAKE ROOFING LIMITED (SSRL) NEGLIGENT? . 29 WAS MR BURROWS NEGLIGENT WHEN INSPECTING THE PROPERTY AND ISSUING THE PRODUCER STATEMENT? ....................................... 30 DID ROGER FRANKS OWE THE CLAIMANTS A DUTY OF CARE? IF SO HAS HE BREACHED THAT DUTY OF CARE? ........................................... 34 DOES MR KARL GAENSICKE (KARL) OWE THE CLAIMANTS A DUTY OF C...