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1. Wawatai - Estate of Akutini Wawatai (2001) 150 Gisborne MB 38 (150 GIS 38) [pdf, 1.3 MB]

   ...NZFLR 769; and Oorfv 00rf(1982) 1 NZLR 494 or (1982) 1 NZFLR 331 (CA) . While exploring different indicia the Family Court has also stressed that each case must be considered on its own facts and with "a realistic application of common sense and human experience." (See Wright v Wright (1997) 15 FRNZ 474) In Ruka v OSW (1996) 14 FRNZ 633 or (1996) NZFLR 921, Sir Ivor Richardson P and Blanchard J identified as "key positive features" of a legal marriage "cohabitati...

2. Proactive release - Interest on Money Claims Regulations 2019 [pdf, 1.1 MB]

   ...effect on 12 April 2019 in compliance with the 28- day rule. Compliance 9. The Regulations comply with the: 9.1. the principles of the Treaty of Waitangi; 9.2. the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 9.3. the principles and guidelines set out in the Privacy Act 1993; 9.4. relevant international standards and obligations; 9.5. Legislation Advisory Committee Guidelines 10. There are no statutory prerequisites re...

3. How to Simplify Guide - Behavioural Science Aotearoa [pdf, 328 KB]

   ...(2009). Salience and taxation: Theory and evidence. American economic review, 99(4), 1145-77. 4 Shrestha, S., Lenz, K., Chaparro, B., & Owens, J. (2007, October). “F” Pattern Scanning of Text and Images in Web Pages. In Proceedings of the Human Factors and Ergonomics Society Annual Meeting (Vol. 51, No. 18, pp. 1200-1204). Sage CA: Los Angeles, CA: SAGE Publications. 5 Thalmann, M., Souza, A. S., & Oberauer, K. (2019). How does chunking help working memory?. Journal of Experi...

4. [2020] NZREADT 57 - Buchanan v The Real Estate Agents Authority (8 December 2020) [pdf, 229 KB]

   ...being relevant. Any obligation that they might have would have to be one that was reasonable to impose on the licensees in the circumstances. We do not consider that disclosure of the presence of methamphetamine levels which were not harmful to humans would constitute a relevant matter that the licensees were obliged to disclose. [29] Nor is the fact that the property had been tested but found not to have harmful methamphetamine levels. Even assuming that this fact was widely know...

5. Proactive release - Amendments to the District Court Rules 2014 and High Courts Rules 2016 [pdf, 597 KB]

   ...waiver of the 28-day rule. Compliance 14. The regulatory changes comply with each of the following: 14.1. the principles of the Treaty of Waitangi; 14.2. the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 14.3. the principles and guidelines set out in the Privacy Act 1993; 14.4. relevant international standards and obligations; and 14.5. the Legislation Guidelines (2018 edition), which are maintained by the Legislation...

6. [2018] NZEnvC 171 Genera Limited v Bay of Plenty Regional Council [pdf, 3.1 MB]

   ...educated and had participation rights into the use of methyl bromide in the region. It seeks to ensure that fumigant users adhere to the limits in the Montreal Protocol due to the significant adverse effects of methyl bromide on the environment and on human health. I understand this to be a reference to The Montreal Protocol on Substances that Deplete the Ozone Layer, being a protocol to the Vienna Convention for the Protection of the Ozone Layer, to both of which New Zealand is a par...

7. Criminal Cases Review Commission Bill: Approval for Introduction [pdf, 223 KB]

   ...[SWC-18-MIN-0087 and CAB-18-MIN-0370]. Compliance 27 The Bill complies with the following: 27.1 the principles of the Treaty of Waitangi; 27.2 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act) and the Human Rights Act 1993. There are implications for the Bill of Rights Act in the Bill. The information-gathering powers engage section 14 (freedom of expression) and section 21 (unreasonable search and seizure). However, the policy obj...

8. [2018] NZSSAA 59 (19 November 2018) [pdf, 213 KB]

   ...in a car in these circumstances was plainly very distressing, it also exposed the appellant to the risk of further complications or death. In our view, leaving the appellant to live in his car in these circumstances was incompatible with his human dignity. This is not a case where the appellant chose to live in his car, he regularly pled for assistance from the Ministry. 6 c) Second, we consider the situation from the point of view of New Zealand society. To deprive an...

9. ME & NN v QU Ltd [2021] NZDT 1494 (5 May 2021) [pdf, 200 KB]

   ...or high water levels, flood, tropical storms or hurricanes. The clause doesn’t limit an ‘Act of God’ or force majeure condition to these events. However, I find that the geological and weather events listed are too different from a contagious human illness such as the COVID19 pandemic, and therefore it is not reasonable to include a pandemic. In any event, I find that this clause is not clear enough to prevent the contract from being frustrated if the disruption is significant enough...

10. [2023] NZEnvC 032 Crafar v Taupo District Council [pdf, 282 KB]

    ...means of recovering his costs if he wins by ordering or security. 7 An important point about access to justice in the context of security for costs was made by Kós J in Highgate on Broadway Ltd v Devine:5 Access to justice is an essential human right. The cost of exercising that right is the payment of costs in the event of failure. The right of a successful defendant to costs in that event is arguably subordinate to the plaintiff's right to be heard. Strong social polic...