Ministry of Justice

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1. [2022] NZEnvC 152 Ngai Taiwhakaea v Whakatane District Council [pdf, 301 KB]

   ...possibility of settlement where compromise could have been reasonably expected; and 10 DFC NZ Ltd v Bielby [1991] 1 NZLR 587. [11] 6 (e) where a party takes a technical or unmeritorious point. The High Court in Environmental Protection Authority v BW Offshore Singapore Pte Ltd11 signalled a potential departure from the Bielby factors in favour of the High Court costs principles. However, this Court has identified concerns with the approach in BW Offshore and has a...

2. [2022] NZEmpC 122 Reunited Employees Assoc Inc v Nelmac Ltd [pdf, 223 KB]

   ...bargaining.7 [7] During facilitation an agreement was reached on the outstanding bargaining claims. That agreement was contained in an Authority minute and was about wages, allowances, annual leave, obnoxious work outside of normal duties, tools, protective clothing and training.8 A table of a new printed rates schedule was included in the minute. 3 At [73]. 4 At [72]. 5 At [19]. 6 At [47]; see Employment Relations Act 2000, s 50B. 7 Sections 50C(1)(a). 8 Dated 23...

3. BORA Search and Surveillance Powers Bill [pdf, 314 KB]

   ...18 Search of person or vehicle and attendant entry to place or vehicle of armed person where that person in breach of the Arms Act, incapable of controlling the arms, at risk of killing or causing bodily injury or is or could be subject to a protection order Safety / regulated activity 19 Search of place or vehicle for certain controlled drugs and precursor substances where offending suspected and risk of loss of evidence Regulated activity / likelihood of loss of evidence...

4. McLachlan v CAC 10048 & Hegan [2012] NZREADT 39 [pdf, 51 KB]

   ...he was then free to sell the property to whomever he pleased. The appellant further alleges that the licensee breached several REINZ rules, the Real Estate Agents Act 2008 (the Act), and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 (the Rules). The Committee’s Decision [7] The Committee found that the appellant had sufficient time to “thoroughly” read the listing agreement of 1 October 2009 with MacPherson. It did not consider that there was...

5. [2011] NZEmpC 13 Carter Holt Harvey Ltd v EBIIWU [pdf, 118 KB]

   ...affect the work carried out by the saw doctors. Bargaining was then put on hold and a consultation process began regarding the possibility of fully outsourcing the saw doctor functions. [6] An important side issue arose as to whether the employment protection provisions in the expired collective agreement, which governed the terms and conditions of employment of the second defendants, complied with the relevant provisions of the Employment Relations Act 2000 (the Act) and, if not,...

6. JK v Molloy LCRO 155/2013 (14 April 2016) [pdf, 151 KB]

   ...45 Molloy, Review Hearing. 46 Molloy, Review Hearing. 6 3 Purposes (1) The purposes of this Act are— (a) to maintain public confidence in the provision of legal services and conveyancing services: (b) to protect the consumers of legal services and conveyancing services: (c) to recognise the status of the legal profession and to establish the new profession of conveyancing practitioner. [149] Mr Molloy’s evidence is that his comments are a...

7. ENVC Hearing 6Oct14 DM legal submissions [pdf, 211 KB]

   ...over 30 years the community have actively engaged in restoring the natural character of the Bay through extensive planting, and the gifting of foreshore reserves. 1.3 Matiatia is also highly valued by mana whenua and other Maori who have taken care of it for generations. It is a rich cultural landscape, evident from its extensive pre and post contact archaeological sites and the enduring oral histories of its past still known to mana whenua to this day. The presence in the Bay o...

8. Ngā Mātāpono – The Principles: The Interim Report of the Tomokia Ngā Tatau o Matangireia – The Constitutional Kaupapa Inquiry Panel on the Crown’s Treaty Principles Bill and Treaty Clause Review Policies [pdf, 6.4 MB]

   ...good government . . . . . . . . . . . . . . . . . . . . 73 3.4.3 Te mātāpono o te houruatanga The principle of partnership and reciprocity . . . . . . . . . . . . . . . . . 74 3.4.4 Te mātāpono o te matapopore moroki The principle of active protection . . . . . . . . . . . . . . . . . . . . . . . 77 3.4.5 Te mātāpono o te mana taurite The principle of equity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 3.4.6 Te mātāpono o te whakatika...

9. Proactive release – Remuneration Authority Legislation Bill [pdf, 1.7 MB]

   ...Chairperson and Deputy Chairpersons of the Human Rights Review Tribunal; and 2 I N C O N F I D E N C E 75gtrikf9o 2021-10-04 12:17:40 Proa cti ve ly Rele as ed I N C O N F I D E N C E 10.4 Deputy Chairpersons and Members of the Immigration and Protection Tribunal.2 [APH-19-MIN-0294; CAB 19-MIN-0657 refers] Analysis 11 I consider the same principle of requiring greater independence from Government now applies to Disputes Tribunal Referees and Tenancy Tribunal Adjudicators....

10. Waitangi Tribunal - Matua Rautia Report on the Kōhanga Reo claim [pdf, 4.2 MB]

    .... . . . . . . . . . . . . 91 (3) Rangatiratanga and kaitiakitanga . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 3 .2 .5 extent of the Crown’s obligation to protect te reo in ECE . . . . . . . . . . . . . . . . . . . . . . . .94 3 .2 .6 The principles of equity and options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....