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1. Pullar - Aperahama Sullivan whānau Trust (2017) 61 Takitimu MB 45 (61 TKT 45) [pdf, 439 KB]

   ...profit; he is not allowed to put himself in a position where his interest and duty conflict. It does not appear to me that this rule is, as has been said, founded upon principles of morality. I regard it rather as based on the consideration that human nature being what it is, there is danger, in such circumstances, of the person holding a fiduciary position being swayed by interest rather than duty, and thus prejudicing those whom he was bound to protect. It has, therefore, been dee...

2. Issues with access to justice in the Environment Court of New Zealand [pdf, 477 KB]

   Introduction New Zealand has until recent times been widely regarded as a world leader in terms of access to environmental justice. That reputation, however, has come under pressure with environmental legislation in this country having entered a state of considerable flux. In this paper, we do not comment on government policy and the formulating of substantive laws, as it is not our place as judges to do so. It can, however, fall within our responsibilities as judges to make careful public

3. Mullane v Attorney-General [2017] NZHRRT 40 [pdf, 417 KB]

   1 (1) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE TRIBUNAL OR OF THE CHAIRPERSON IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2017] NZHRRT 40 Reference No. HRRT 011/2016 UNDER THE PRIVACY ACT 1993 BETWEEN BRIAN GREGORY MULLANE PLAINTIFF AND ATTORNEY-GENERAL DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Ms DL Hart, Member Ms ST Scott, Member REPRESENTATION: Mr BG Mullane in person...

4. [2017] NZEnvC 135 Save Wanaka Lakefront Reserve v Queenstown Lakes District Council [pdf, 7.6 MB]

   ...managed with proper regard to the sensitivities of the receiving environment. Accidental Discovery Protocol 16. The consent holder must comply with the following Accidental Discovery Protocol: (a) if the consent holder discovers koiwi tangata (human skeletal remains), waahi taoka (resources of importance), waahi tapu (places or features of special significance) or other Maori artefact material, the consent holder shall without delay: (i) notify Council, Tangata whenua and Heri...

5. [2019] NZSAAA 1 (4 February 2019) [pdf, 417 KB]

   Decision No. [2019] NZSAAA 1 Reference No. SAA 2/18 IN THE MATTER of the Education Act 1989 and the Student Allowances Regulations 1998 AND IN THE MATTER of an appeal against a decision of the Chief Executive, Ministry of Social Development BEFORE THE STUDENT ALLOWANCE APPEAL AUTHORITY Neil Cameron HEARING on the papers DECISION The appeal is upheld REASONS Overview [1] This is an appeal against the decision of the Secreta

6. LCRO 33/2016 GW v AX (27 June 2018) [pdf, 292 KB]

   ...15 Xu at [18]. 16 Xu at [57]. 17 GE Dal Pont Lawyers’ Professional Responsibility (6th ed, Thomson Reuters, Sydney, 2017), at 133. 18 [Citation Redacted] 13 secure payment of an outstanding account amounted to discrimination under the Human Rights Act 1993. The passport in contention was an Indian passport, and the property of the Indian Government. [63] In an obiter observation, the Court said: … that we have a real doubt whether it was ever possible to claim a solicito...

7. Koso v Chief Executive Ministry of Business Innovation and Employment [2014] NZHRRT 39 [pdf, 133 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2014] NZHRRT 39 Reference No. HRRT 043/2011 UNDER THE PRIVACY ACT 1993 BETWEEN JUNE KOSO PLAINTIFF AND CHIEF EXECUTIVE, MINISTRY OF BUSINESS, INNOVATION, AND EMPLOYMENT DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Ms WV Gilchrist, Member Mr MJM Keefe JP, Member REPRESENTATION: Mr R Small for Plaintiff Mr S Cohen-Ronen for Defendant Ms K Evans for Privacy Commissioner...

8. [2019] NZEmpC 153 Savage v Wai Shing Ltd [pdf, 545 KB]

   ...September 2019, the day when spraying commenced. [89] Mr Savage said he specifically raised several health and safety issues which occurred to him. He referred to an instruction to use diesel, which he said was a pollutant and carcinogenic to humans; Mr Shing accordingly changed the instruction and he was required to use water instead. Mr Savage also said he received training in the use of spray gear only because he raised the need for it. He said he was cognisant of heal...

9. Territorial Authorities - EiC - T B Heller - Hydrology (3 Feb 2021) [pdf, 814 KB]

   ...drinking water quality standards. The community water supplies have essentially one pipe from the treatment plant and as such the community water supply whilst being used for a variety of community 9 SRP-098608-70-5-V5 purposes (not just human drinking water), is all treated as if it were consumed as drinking water. 31. This comes at a significant cost. It is in the TA’s best interest to keep pumping rates and volumes as low as possible to maintain efficiency of the...

10. Proactive release - 2020 Cannabis Referendum [pdf, 4.2 MB]

    ...This may, however, conflict with public expectations that their vote on a particular regulatory model be respected. The subsequent RIA should detail how monitoring and review will be handled, and whether this should be signalled at the referendum. Human Rights 130. Establishing a minimum age of 20 to use and purchase cannabis limits the right to be free from discrimination under the New Zealand Bill of Rights Act 1990 (NZBORA). 131. I consider that the limitation is justified as it...