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1. Taxation (Budget 2021 and Remedial Measures) Amendment Bill [pdf, 918 KB]

   ...articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.' Exclusion of remedy of compensation 9. Clause 26(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 10. This clause might be seen to raise the issue of consistency with s 27(3) of the Bill of Rights Act, namely the right to bring c...

2. BORA Ngati Hinerangi Claims Settlement Bill [pdf, 87 KB]

   ...consistent with articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.3 Whether cl 27(3) at issue 9. Clause 24(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 10. This clause might be seen to raise an issue of compliance with s 27(3) of the Bill of Rights Act, namely the right to bring c...

3. Dotcom v Crown Law Office [2018] NZHRRT 7 [pdf, 944 KB]

   ...Defendant 3 INDEX INTRODUCTION [1] Short summary of facts [1] The evidence [6] The defendants [11] The Crown [13] The burden of proof [14] “No proper basis for that decision” [18] BACKGROUND TO THE INFORMATION PRIVACY REQUESTS [24] THE TERMS OF THE INFORMATION PRIVACY REQUESTS AND THE TERMS OF THE REFUSAL BY THE ATTORNEY-GENERAL TO DISCLOSE THE REQUESTED INFORMATION [38] The July 2015 requests [38] The 5 August 2015 refusal of the requests [40] Transf...

4. Wati v Corrections [2018] NZHRRT 38 [pdf, 330 KB]

   ...[1] On 12 June 2014, Allan Wati was transferred to Christchurch Men’s Prison where he was held on remand while facing criminal charges. On the same day, Detective Constable Lindsay Tilbury sent an email to the Intelligence Unit at the Prison, requesting that he be provided with copies of letters sent from prison by Mr Wati. One letter was provided to him, but Detective Constable Tilbury was told that a production order would be required before Corrections could provide the Police wit

5. BORA Waitaha Claims Settlement Bill [pdf, 286 KB]

   ...the International Covenant on Civil and Political Rights and with art 27, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.3 Limitation on civil proceedings - section 27(3) 9. Clause 21(3) of the Bill excludes damages or any form of monetary compensation as a remedy for any failure of the Crown to comply with a protocol under the Bill. 10. I have considered the potential application of s 27(3) of the Bill of Rights Act, namely the right to bring civil proceedi...

6. Smith – Nikora Whānau Trust (2013) 2013 Chief Judge’s MB 302 (2013 CJ 302) [pdf, 109 KB]

   ...applicant becoming a beneficiary of the trust and not the applicant herself. Knowing that this would reduce their entitlement, the applicant contends that they would be unlikely to consent. Moreover the trustees have already rejected the applicant’s request to gift the applicant the 1/6 of land interests derived from Tawhiritoroa. [14] The applicant also submitted that there was no consideration by the Court to the effects of making such orders and statements, and as such the s...

7. Hutchison v Solomon [pdf, 137 KB]

   ...because it would not have been obvious without removal of the path, fill etc. In the context that he was not converting the basement area from a non-habitable space to a habitable space but was rather just replacing linings to that area, I had formed the view that it was not incumbent on him to check out the waterproof nature of the lining to the exterior of that wall and there was not a duty of care owed to subsequent purchasers for him to do so. 6.26 Other factors that are r...

8. Alchin and Scott TRI 2020-100-001 [2022] NZWHT AUCKLAND 01 [pdf, 374 KB]

   ...2000? 27 Body Corporate 207624 v North Shore City Council [2012] NZSC 83, [2013] 2 NZLR 297 at [193] & [194]. 14 Weathertightness defects Leaking windows and door perimeters [55] Mr Gilling undertook numerous site visits which formed the basis of his findings. The visits involved visual investigations and non-invasive moisture meter readings, and invasive testing was undertaken in areas of concern. His findings are well explained in the follow-up full report of...

9. Dablo v Tan [2013] NZIACDT 28 (20 May 2013) [pdf, 234 KB]

   ...under delegation). [27] Ms Tan did not lodge an application for residence at this time. Appeal to Removal Review Authority without authority [28] Ms Dablo was told an appeal had been lodged with the Removal Review Authority, and shown an appeal form that had been completed and signed as though she had signed it. In fact, Ms Dablo had never signed the form or given instructions for it to be completed. The appeal form was dated 24 November 2009. 4 [29] Ms Dablo regar...

10. Naera v Fenwick - Whakapoungakau 24 Block (2011) 34 Waiariki MB 151 (34 WAR 151) [pdf, 193 KB]

    ...Respondents appear to be relying solely on the self interested advice of Mr Carswell and Bob Weston along with GEL, and their lawyers. Messrs Rabindran and Weston provided an evaluation report to TGL in March of this year on a tender process that requested proposals from suitable companies, which resulted in a shortlist of two, Ormat and Mighty River Power. [27] Ms Aikman submitted that given the close relationships between Messrs Rabindran, Carswell and Weston and their associated...