Search Results

1. Vainu - Succession to Phyliss Harmon (2025) 124 Tākitimu MB 16 (124 TKT 16) [pdf, 264 KB]

   ...is only relevant to a will if the will itself makes reference to tikanga, this Court can apply tikanga when a will is silent on the issue and when there is a lack of expert or fact evidence relating to tikanga. However, the Court must tread carefully in this area because judges do not make or create tikanga. (d) Notions of moral duties, providing support to children, the relationship between parent and child, and the obligations to look after future generations, which underpin fa...

2. [2015] NZEmpC 92 Hally Labels Ltd v Powell [pdf, 426 KB]

   HALLY LABELS LIMITED v KEVIN POWELL NZEmpC AUCKLAND [2015] NZEmpC 92 [16 June 2015] IN THE EMPLOYMENT COURT AUCKLAND [2015] NZEmpC 92 ARC 35/11 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN HALLY LABELS LIMITED Plaintiff AND KEVIN POWELL Defendant Hearing: 31 March-4 April 2014 2-12 February 2015 23-24 February 2015 Appearances: C T Patterson and A Halloran, counsel for plainti

3. Family violence & the pro-arrest policy: a literature review [pdf, 214 KB]

   Family violence and the pro-arrest policy: a literature review Prepared for the Ministry of Justice by Dr Sue Carswell 2 DISCLAIMER This research was commissioned by the Ministry of Justice. The report has been prepared by the author and the views expressed in it are those of the author and do not necessarily represent the views of the Ministry of Justice. First published in October 2006 by the Ministry of Justice PO Box 180 Wellington New Zealand © Crown Copyright ISBN 0-478-29

4. ENV-2016-CHC-000071 Application for Declarations [pdf, 3.6 MB]

   BEFORE THE ENVIRONMENT COURT ENV-2016- IN THE MATTER AND IN THE MATTER BETWEEN AND of the Resource Management Act 1991 of an application for declarations under Part 12 of the Act ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED Applicant MACKENZIE DISTRICT COUNCIL Respondent APPLICATION FOR DECLARATIONS BY ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED 17 November 2016 Counsel Acting: R B Enright / MCWright PO Box 91736 Victoria Street West Auckland 1142 E: madeleine@ed

5. Grindle v CAC 20004 & Bracey [2014] NZREADT 85 [pdf, 48 KB]

   ...to cross-examine the licensee appellant as he did not dispute the evidence. General Principles [23] In determining an appropriate penalty, decisions of industry disciplinary tribunals should emphasise the maintenance of high standards and the protection of the public (through both specific and general deterrence). While this may mean that orders made in disciplinary proceedings have a punitive effect, this is not their purpose Z v CAC [2009] 1 NZLR 1 at [97]. As McGrath J said for t...

6. BORA Search and Surveillance Bill [pdf, 334 KB]

   ...is present. For example, a search of the private areas of a house will necessitate greater justification than a search of its grounds.[7] 9. It is also noted that s 21 is to be applied without reference to the provision for justified limitation of protected rights in s 5 of the Bill of Rights Act: the Supreme Court has held that an unreasonable search or seizure is not open to justification.[8] 10. Third, the general requirement of a judicially issued warrant provides prior and indepe...

7. BORA Marine and Coastal Area (Takutai Moana) Bill [pdf, 408 KB]

   ...Those grounds include race and ethnic origin. [6] 18. The Bill treats those holding customary rights differently from the holders of other categories of title: 18.1 The Bill accords holders of customary title a range of statutory rights and protections, including greater and/or potentially greater rights in respect of resource management and other decision-making. Customary title holders will not, however, have a general right of exclusive occupation – and so will not be able to...

8. [2018] NZEnvC 028 McIntyre v Canterbury Regional Council [pdf, 2.9 MB]

   ...the Resource Management Act 1991 , the Environment Court orders that D R Mcintyre and Waitaki Trustees Golden Acres Ltd are to pay Uointly and severally): (a) $32,500 to Mackenzie Guardians Incorporated; and (b) $37,000 to Royal Forest and Bird Protection Society of New Zealand Incorporated. B: Under section 286 of the Resource Management Act 1991 , the District Court at Timaru is named as the Court this order may be filed in for enforcement purposes (if necessary). MciNTYRE &...

9. Afemui v Tangilanu [2014] NZIACDT 94 (01 October 2014) [pdf, 199 KB]

   ...(this complaint is one of them), where I have prevented Ms Tangilanu reapplying for a licence for two years, I explain why I do not consider rehabilitation is realistic. The sanctions relating to Ms Tangilanu’s ability to hold a licence address the protection of the public and the desirability of rehabilitation. In relation to the other sanctions, the orders excluding Ms Tangilanu from practising are taken into account as part of the matrix of penalties. [13] Each of the 12 complaints...

10. AG v ZT LCRO 159 / 2010 (18 February 2011) [pdf, 107 KB]

    ...conduct met a standard of professionalism that was required and expected in the circumstances, in this case specifically relating to the scope of enquiry concerning the nature of ownership of the house. [21] The Practitioner denied any failure to protect her clients’ interests, implied that H did not hold positive feelings for the Applicant, and asserted that H had intended to leave nothing to the Applicant. I have discerned no evidence to support these submissions, noting that H...