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1. CAC403 v Mansell [2019] NZREADT 38 (22 August 2019) [pdf, 266 KB]

   ...summary of facts at an early stage in the proceeding. While she advised that she would plead guilty to the charge under s 73(a) some three months later, the Tribunal was informed at the time of her health issues, and her surgery and post-operative care requirements. Ms Mansell may be given the benefit of her guilty plea. 8 Prasad, at [46]. [2019] NZREADT 38 - Mansell - [34] We also take into account Ms Mansell’s long and unble...

2. 2 RIA Repeal of three strikes law [pdf, 3.3 MB]

   ...that mandates outcomes that are inconsistent with BORA in realistic scenarios is itself inconsistent with BORA. The fact that the provision will produce unobjectionable results in other scenarios does not save it.”9 The current law limits the protections of this section significantly because it has the potential to require disproportionately severe punishment to be handed to an offender. This is because the judge cannot take into account the characteristics of the offender and the...

3. Proactive release - Political Donations package of changes for consultation [pdf, 1.8 MB]

   ...No. Document Comments 1 Package of potential changes to political donation settings prior to 2023 General Election Briefing paper Ministry of Justice 5 August 2021 Some information has been withheld in accordance with section 9(2)(a) to protect the privacy of natural persons. Proactive release relating to changes to political donation settings prior to 2023 This note provides context to the proactive release of the briefing Package of potential changes to political dona...

4. ORC & Ngai Tahu Ki Murihiku - EIC - Dean Whaanga - 17 September 2021 [pdf, 146 KB]

   ...with the fundamental concept of Te Mana o Te Wai since 2014 when the National Policy Statement for Freshwater Management first described it as a matter of national importance. Our whānau recognised this concept as akin to the priority given to protecting and restoring mauri that has been the policy recorded in our iwi management plans since 1999. We have supported and defended this concept in the proposed Southland Water and Land Plan, in the PORPS 2021 and through other RMA deci...

5. Proactive release - Prohibiting conversion practices [pdf, 3.9 MB]

   ...could Proa cti ve ly Rele as ed 5 protect both some forms of conversion practices (such as talk therapy) and the freedom to express one’s identity in the form of sexuality or gender in order to fully participate in society. 22. We have carefully designed our options to account for the rights involved and to be proportionate. We have considered the behaviours to be captured by a prohibition, the kind and scale of penalties to apply for particular behaviours or persons, and the...

6. [2020] NZIACDT 17 - XA v Hill (10 March 2020) [pdf, 304 KB]

   ...director stating that communication was pointless and they did not want a private settlement. Residence decline appealed [67] The complainant appealed the decline of her residence application by Immigration New Zealand to the Immigration and Protection Tribunal (IPT) on 12 February 2018. She was represented by another licensed immigration adviser, Ms Janelle Han. [68] The letter to the IPT (12 February 2018) stated that the complainant agreed the decision of Immigration New Zea...

7. [2018] NZEmpC 106 X v The Chief Executive of the Department of Corrections [pdf, 683 KB]

   ...overdosing. He was located by the police and taken to hospital. The next day he left the hospital. He was located and arrested for breaching the police safety order by naming Ms Y in the Facebook post. Later that day a Judge declined to grant a protection order but increased the police safety order for a further three days. [25] On 3 December 2014, he was given a letter from the police stating that Ms Z had made a complaint of harassment about him. The complaint arose from eve...

8. NZ Private Prosecution Service Ltd v Key (Strike-Out Application) [2015] NZHRRT 48 [pdf, 157 KB]

   ...the period from August 2014 to April 2015 by “repeatedly pulling [her] hair”. It is alleged the harassment continued despite a complaint by Ms Bailey to the defendant, to her employer, to the defendant’s wife and to members of the Diplomatic Protection Squad who accompanied the Prime Minister. [47] It is plain from the allegations made in the statement of claim that the alleged acts occurred when the defendant was a customer of or visitor to Ms Bailey’s place of work. Both befo...

9. [2015] NZEmpC 123 D’Arcy-Smith v Natural Habitats Ltd [pdf, 174 KB]

   ...the offer of casual labour-only contract work, at $18 per hour and on the same nominal hours as other contract workers on the site. The requirement to provide an invoice was reiterated and Mr D’Arcy-Smith was advised that he would need to take care of his own tax arrangements. Mr Stevenson says that Mr D’Arcy-Smith agreed to this proposal. Mr Stevenson says that there was a further discussion about invoices after Mr D’Arcy-Smith had started work, during which he asked what...

10. [2015] NZEmpC 194 Tuala v Linfox Logistics (N.Z.) Ltd [pdf, 122 KB]

    ...subject to such conditions, including conditions as to the giving of security, as the Court thinks fit to impose. [20] In Duncan v Osborne Buildings Ltd, the Court of Appeal stated in relation to an application for stay: 2 … [I]t is necessary carefully to weigh all of the factors in the balance between the right of a successful litigant to have the fruits of a judgment and the need to preserve the position in case the appeal is successful. Often it is possible to secure an int...