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1. [2016] NZEmpC 36 Western Bay of Plenty DHB v McInnes [pdf, 155 KB]

   ...expenditure of rate payer funds. The Council also submits that if Mr McInnes is reinstated on an interim basis a contractor will almost certainly leave, and need to be replaced, and that there is a risk that Mr Wheeler will resign. [73] I have carefully considered the position in relation to the potential effect on third parties, including the potential impact on Mr McInnes’ family if they are required to move out of the ranger house. That has not been assisted by the paucit...

2. E17 Geraint Bermingham - Navigation - EIC - Applicant [pdf, 781 KB]

   ...USE 6.1 The Proposal is situated in Freemans Bay. This is a relatively exposed area open to the northerly quarter, and to some extent the north-east wind and wake from passing marine traffic, resulting in the need to construct breakwaters to protect the race boat berthing areas. The exposed aspects resulting from this wind and wake also means that the only areas of sheltered water are those created by the proposed and existing breakwaters, and so only a limited number of recreat...

3. [2021] NZEnvC 018 Hadley v Waterfall Park Developments Limited [pdf, 1.5 MB]

   ...and their vulnerability to change, and seeks to give priority to maintaining and enhancing that character and values. That is to be achieved through the related rules as to including activity classifications. The rules are intended to allow for careful scrutiny and control of not only subdivision and development, but also the undertaking of day-to-day land uses and activities. That can include the planting of vegetation, as signalled in Pol 24.2.1.6. [47] For "Farming Activity&...

4. 1 Cab paper Repeal of three strikes law Redacted [pdf, 1.5 MB]

   ...been mitigating circumstances for the offending, such as mental health issues.6 16 Judicial discretion is important to allow for consideration of the individual circumstances of the case. The Courts already have a range of measures available to protect the public from people who commit serious violent offences. These include: 16.1 preventive detention – an indeterminate prison sentence that allows for parole to be granted only when a person ceases to be an undue risk to the communi...

5. BD & ND v Southern Response Earthquakes Services Ltd [2022] CEIT-2020-0015 [pdf, 381 KB]

   ...led to water pooling under the house and soaking into leaves which have accumulated. I note the under-floor photos show moisture having soaked into the timber of the piles. The building code requires that enclosed and subfloor spaces should be protected from the ingress and collection of moisture. This is to prevent increased moisture levels in the subfloor and the damage which collected moisture can cause to building elements. [25] It was agreed by the experts, John Aronis, fo...

6. Court-Remote-Participation-Amendment-Bill_FINAL.pdf [pdf, 1.8 MB]

   ...testimony of other witnesses before giving evidence themselves. 31 For victim witnesses, I consider that the statutory criteria in the Evidence Act for giving their evidence remotely should remain. These criteria achieve an appropriate balance between protecting vulnerable witnesses from further trauma and the fair trial rights of defendants. 32 The ability to remotely observe criminal trials and sentencing will also need to be conditional upon victims agreeing to comply with court requi...

7. Hutt Valley Justice Sector innovation project phase 2 final report: Delivering better public services at the frontline [pdf, 1.9 MB]

   JUSTICE SECTOR Hutt Valley Justice Sector Innovation Project (Phase Two): Final Report Delivering Better Public Services at the frontline Document ID (delete if not required) 2013 © Crown Copyright ISBN xxx-x-xxx-xxxxx-x (print) ISBN xxx-x-xxx-xxxxx-x (online) Published by the Ministry of Justice Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and

8. [2009] NZEmpC AC 2A/09 Lewis v Howick College Board of Trustees [pdf, 60 KB]

   ...to do his best with the evidence that he can call. Potential witnesses contacted by him and subject to undue pressure to give evidence or in respect of whom Mr Lewis simply predicts carelessly what he hopes they will say, deserve a measure of protection from the Court. [39] Whether the Board did or did not receive confirmation of a protected disclosure made by Mr Lewis before determining to dismiss him, based on evidence of whether a letter allegedly posted to the school by the Min...

9. MBL v Shadforth [2016] NZIACDT 26 (18 May 2016) [pdf, 189 KB]

   ...submissions. Order Prohibiting Publication of the Complainant’s Name or Identity [76] The subject of this complaint includes slurs against Mr MBL and the disclosure of confidential information relating to Client B. They are entitled to such protection as the Tribunal can provide to avoid further publication of the information. The protection provided will not be complete, but will limit what could otherwise be significant further publicity. Client A could also be embarrassed thr...

10. Jones v Waitemata District Health Board [2014] NZHRRT 52 [pdf, 84 KB]

    ...virtually contemporaneously with the telephone call from the daughter. In these circumstances we accept her note is an accurate record of what she was told by the daughter on 4 February 2011. [31] In relation to Mr Rayment, he too impressed as a careful and conscientious medical professional who similarly understands the need for clinical notes to full and accurate. He also made his note almost immediately after his brief interaction with Mr Jones. Mr Jones made no contemporaneous no...