Search Results

1. Evidence Brief: Restorative Justice [pdf, 340 KB]

   ...for restorative practices to be applied without a victim present, particularly in the case of Family Group Conferences for young offenders, we did not discover any evidence as to the effectiveness of RJ in these circumstances. Procedural protections and consistency One major downside with RJ, as with community justice more generally, is the potential for insufficient protection of offenders’ rights by sidestepping the legal processes that provide many protections against...

2. Scope of inquiry Minute October 2021 plus appendices [pdf, 720 KB]

   ...necessary to preserve such confidentiality, the inquiry must be held, in whole or in part, in private. In addition, the RCOI was required to restrict access to inquiry information where it considered it necessary to do so for reasons including protecting New Zealand’s security or defence interests, protecting the identity of witnesses or other persons, avoiding prejudice to the maintenance of the law, and ensuring protection of fair trial rights. The RCOI was expressly prohibited...

3. KC & TC v B Ltd [2024] NZDT 278 (16th April 2024) [pdf, 181 KB]

   ...all travel documentation as does B Ltd’s conditions of travel. 4. TC and KC consider the terms of the Consumer Guarantees Act 1993, the CGA, apply to the booking service supplied by B Ltd and that the service was not supplied with reasonable care and skill. B Ltd responds that the CGA does not apply to air travel services by virtue of the Montreal Convention which is adopted into New Zealand law through the Civil Aviation Act. 5. The issues to be decided then are whether the CGA...

4. Te Ture Whenua Maori Succession Dispute Resolution and Related Matters [pdf, 133 KB]

   ...the relevant framework that the Māori Land Court should employ in determining whether an appropriate kinship relationship exists for the purposes of succession. Proportionality 18. Whāngai (meaning to feed) is an arrangement whereby a child is cared for by those who are not the child’s birth parents, often a whanau member. It reflects the principle that the care of children is a community, rather than individual, responsibility. It reflects the central importance of whakapapa and...

5. Family Court rewrite submission: New Zealand Law Society [pdf, 1 MB]

   ...jurisdictions. The Family Court has a dual role embodied in most of the statutes under its jurisdiction: it is a court of law that has a judicial role to determine disputes based on the evidence before it; and when exercising that role, it also has a protective jurisdiction (in terms of the Care of Children Act 2004 (COCA) and other legislation) to ensure that children’s welfare and best interests are paramount. Unlike the other courts, the Family Court also has to make predictive a...

6. OIA-101880.pdf [pdf, 9.7 MB]

   ...the basis of who they are, for example based on their religion, ethnicity, nationality, race, colour, sex or gender identity. Hate speech is harmful to members of population groups that are targeted and is harmful to society as a whole. Statutory protections against hate speech 4. In accordance with international treaties, New Zealand has legislated against the incitement of racial disharmony in the HRA. Civil protections are included in section 61 and prohibit the incitement of hostil...

7. LCRO 60/2017 NV v GW (31 July 2017) [pdf, 191 KB]

   ...that Ms GW was well prepared for the mediation. [47] It presents as unlikely that this degree of preparedness would be compromised by a lack of attentiveness or care on Ms GW’s part, when the matters got to their critical point. [48] I have carefully considered all of the criticisms made by Ms NV. In large part, her complaint is driven by concern that the conference failed, in her view, to deliver her a fair settlement. To the extent that she identifies Ms GW as being responsi...

8. Graves v CAC 20003 & Langdon [2012] NZREADT 66 [pdf, 62 KB]

   ...access by other agencies to the property during the general agency period of 30 days, in effect limited the client to a “sole agent” during that extended period also. The Committee held that this restriction was not “reasonably necessary to protect the interests of the agent” and therefore breached reg.9.12. [f] Clause 3 of the agreement was misleading “to the extent that ‘easy cancel at any time for any reason’ is highlighted in a box in large print, but the terms un...

9. National Standards Committee 2 v Mr Y [2022] NZLCDT 8 (24 February 2022) [pdf, 202 KB]

   ...[10] Further penalty principles such as deterrence, denunciation, rehabilitation, compensation, and the “least restrictive outcome”,3 are also weighed. These are considered against the framework of the purposes of the legislation, namely the protection of the public as consumers of legal services, and the upholding of professional standards in order to maintain public confidence in their provision. [11] The Tribunal will also take account of the overall context of the conduct, an...

10. Kaupapa Maori Resolution Pathways [pdf, 792 KB]

    ...tāne men tangata tiriti people of the Treaty (non-Māori) tangata whenua Indigenous people(s) tangi cry, release, mourn taonga goods, prized possessions taonga tuku iho principle of cultural aspiration tapu essence of sanctity, cultural protection, sacredness, set apartness Tauiwi New Zealand European, European taute tend to, ponder, consider Tawhirimatea God of the wind te ao Māori the Māori worldview te ao mārama the light, world of light te reo (Māori) Māo...