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1. Interim Impact Summary: Public discussion document - Proposed changes to the incitement provisions in the Human Rights Act 1993 [pdf, 3.8 MB]

   ...explicitly or implicitly calls for violence. The Government accepted this recommendation in principle. Reframing this provision with a focus on hatred (as opposed to hostility, contempt, ill-will and ridicule) is likely to be useful, making the application of section 131 more straightforward, and achieving better certainty about its scope. This certainty would be particularly important as the increased penalty proposed would lead to a possibility of a prosecution being considered by...

2. Evidence Brief: Prevention of Repeat Burglary [pdf, 411 KB]

   ...removing excuses. xxii The validity of rational choice theory in relationship to burglary is supported by qualitative research from overseas that provides insights into the decision-making process of burglars.xxiii In this research, burglars claimed to be particularly sensitive to the presence of alarms, dogs, CCTV, and especially signs that the house is occupied – in other words, features that increase the likelihood of them being observed and thus caught in the act.xx...

3. Regulatory Impact Statement Parliamentary privilege bill [pdf, 302 KB]

   ...Privileges  Committee’s  recommendations.    The  Privileges  Committee’s  recommendations cover four main areas:  1. The introduction of the Parliamentary Privilege Bill  2. Defining the scope of parliamentary privilege  3. The application of immunities  4. Consolidating and modernising aspects of  the  law of privilege:  in particular,  the power of  the  House to fine for contempt.  8. This Regulatory Impact Statement describes and...

4. VAN DER PASCH Willem Lambertus (CSU 2011 HAM 000424) [pdf, 215 KB]

   ...to negotiate. [55] On the day the weather conditions were dry and there was nothing in the environment that would have contributed to Mr Van Der Pasch’s death. [56] On one side of the race there is a fence line. Mr Neal in his evidence claimed there were two loose and out of positioned poles. He was suggesting that it is most likely the quad bike has veered off to the left which is confirmed by the tracks surveyed by the Serious Crash Unit. The bike has most likely hit two...

5. LCRO 109/2015 RKX v SDC [pdf, 386 KB]

   LCRO 109/2015 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee BETWEEN RKX Applicant AND SDC Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr SDC made a complaint concerning the conduct of Mr RKX in respect of which the [Area] Standards Com...

6. [2010] NZEmpC 2 National Distribution Union Inc v Capital and Coast District Health Board [pdf, 37 KB]

   ...it will be unnecessary to alter the wording of a new collective agreement settled subsequently. [6] This 2007 settlement agreement was expressed in the following words: 3) Annual Leave: Clause 10.2.2 It is agreed that to resolve the employer claim to remove the existing section 10.2.2. (“additional week” of annual leave – to avoid any possibility from the employer point of view that it might be seen to provide a total of 5 rather than 4 weeks leave) the section will remain in t...

7. CAC20003 v Cooper [2013] NZREADT 11 [pdf, 59 KB]

   ...[11] In CAC v Ross [2012] NZREADT 4 a client mistakenly paid deposit funds of $6,164 into the defendant salesperson’s personal bank account. The defendant retained part of these funds, transferring only $3,780.67 to the trust account of his former employing agent. The defendant retained the funds on the grounds that he was owed commission in respect of the relevant transaction. We held (at [24]: “The penalty imposed by us must have a deterrent element in order to emphasise, both

8. [2018] NZSSAA 49 (4 October 2018) [pdf, 234 KB]

   ...the appellant has not challenged the Ministry’s ability to recover this overpayment if his appeal fails. Relevant legislation [4] Section 70 of Social Security Act 1964 (the Act) provides that where an overseas pension is a payment which forms part of a programme providing pensions for any one of the contingencies for which pensions may be paid under NZS, and is administered by or on behalf of the Government of the overseas country from which the benefit is received, the overs...

9. Community Law Centre client survey – report on findings [pdf, 926 KB]

   ...‹#› Expectations of service Most clients want a CLC to provide information or basic support ▪ Most clients said they were looking for ‘information only’ (46% of clients) or ‘information and basic support – such as help filling in forms or suggestions about contacting other people involved’ (23% of clients). Clients with welfare benefit, ACC grant, or student loan problems seek greater intervention from the CLC ▪ Other clients are looking for more intervention...

10. [2007] NZEmpC WC 13/07 NZ Fire Service Commission v NZ Professional Firefighters Union [pdf, 85 KB]

    ...Appearances: G C Davenport, Counsel for the Plaintiff Peter Cranney, Counsel and Camilla Belich, Advocate for the Defendant Judgment: 31 May 2007 JUDGMENT OF THE FULL COURT [1] The parties have made what is effectively a joint application for declarations about the way the New Zealand Fire Service (the Fire Service) pays most of its employees for working on public holidays. [2] The employees directly affected by these proceedings are those covered by the collectiv...