Search Results

1. BORA Legal Services Amendment Bill [pdf, 286 KB]

   ...are not New Zealand citizens or permanent residents for the purpose of immigration proceedings, whether the applicant is present in New Zealand or not. 8. We note that there is an issue as to whether the BORA applies extra-territorially to provide protection to persons not present in New Zealand. However, it is unnecessary to reach a conclusion on that issue as we consider that even if this limitation on the availability of legal aid were prima facie discriminatory under s 19 of the BORA...

2. BORA Energy Safety Review Bill [pdf, 145 KB]

   ...and seizure. There are two limits to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a “search or seizure”. Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are “unreasonable” in the circumstances. Entry and Inspection powers 6. Clause 12 of the Bill repeals and amends Parts 9 to 12 of the Electricity Act. The new section 81 of the Ac...

3. Notes from Crown Maori Relations hui Whakatane 27 May 2018 [pdf, 435 KB]

   ...of shared values which need to be agreed. • Trust – A couple of speakers indicated that trust and confidence need to be re-built. One speaker noted that the negative statistics reflect Māori lives and “it seems the government does not care because Māori keep suffering, nothing changes”. • Partnership - A few speakers supported that the relationship is meant to be based on a partnership. One speaker offered the ‘waka hourua model’ which reflected the two taha (Ngāi...

4. Family Court Rewrite Submission - NZ Nurses Association [pdf, 307 KB]

   ...the opportunity for whānau based counselling sessions. 24. What types of therapeutic intervention would be useful in complex cases? As health professionals, we see the benefit of nurses and health workers (mental health nurses, primary health care nurses and community health workers) providing support to families and whānau who are accessing the Family and Whānau Court. We agree with proactive measures that would allow Judges to direct parties for psychological or psychiatric asse...

5. LCRO 162/2019 SD, JK and DZ v RE (5 May 2020) [pdf, 92 KB]

   ...fundamentally the same as the earlier iterations, but on different dates. As counsel appearing before the Court, Mr RE had obligations to the Court and to the administration of justice. As the Court of Appeal put it, the purpose of r 13.5.3 was not to protect the applicants’ interests.3 When the conduct occurred, the applicants were not, and had not been for quite some time, Mr RE’s clients. [14] That is significant. Although any person may make a complaint about the conduct...

6. [2019] NZEmpC 146 Alkazaz v Asparona Ltd [pdf, 220 KB]

   ...4 Quality Consumables Ltd v Hannah (No 2) [2017] NZEmpC 155 at [12]. 5 McLachlan v MEL Network Ltd [2002] 16 PRNZ 747 (CA) at [15]-[16]. is not to be lightly denied. Against that, defendants are entitled to be protected against being drawn into unjustified litigation, particularly where it is over complicated and unnecessarily protracted. In the overall balance which the Court must consider, the issue of the likely merits of the claims also needs t

7. LCRO 42/2022 QA v Kennelly - Publication decision (1 August 2023) [pdf, 172 KB]

   ...decision is the impact that publication would have on Mr Kennelly’s interests and privacy. Mr Kennelly has not made any submission directed to this factor and his abbreviated response to my request for submissions would indicate that he does not care much about the possibility of publication, other than the statement that the decision should not be published. 6 Kennelly response to application for review (27 April 2022) at [24]. 7 A gift of $130,000 to enable Mr and Mrs M to sec...

8. 20240514-Oranga-Tamariki-Repeal-of-Section-7AA-Amendment-Bill [pdf, 181 KB]

   ...Oranga Tamariki interacts.10 18. Oranga Tamariki has made commitments to maintain all current Strategic Partnership Arrangements entered into and intends to continue to enter into new agreements to help tamariki and rangatahi to thrive in the care and protection of their whānau, hapū 6 Oranga Tamariki Act 1989, s 4(g). 7 Oranga Tamariki Act 1989, s 4(h). 8 Oranga Tamariki Act 1989, s 448B. 9 Waitangi Tribunal, The Oranga Tamariki (Section 7AA) Urgent Inquiry Report (Wai 3...

9. [2025] NZLCDT 27 Canterbury-Westland Standards Committee 2 v Fordyce (11 June 2025) [pdf, 157 KB]

   ...we have considered Mr Matsis’ submission without regard to those precedents which had not considered his submission. [9] We are not persuaded to gloss the statutory words in the way contended by Mr Matsis. The provision has the purpose of protecting the reputation of the profession. When members of the public learn that a lawyer has been convicted of an offence punishable by imprisonment, they are entitled to draw inferences about the profession without being put on inquiry ab...

10. [2024] NZEnvC 238 Coast Road Resilience Group Inc v West Coast Regional Council [pdf, 3.9 MB]

    CRRG v WCRC & GDC – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 238 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN COAST ROAD RESILIENCE GROUP INCORPORATED (ENV-2024-CHC-41) Appellant AND WEST COAST REGIONAL COUNCIL First Respondent AND GREY DISTRICT COUNCIL Second Respondent Environment Judge P A Steven – sitting alone under s279