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1. International Covenant on Civil and Political Rights - list of issues 5th report [pdf, 38 KB]

   ...of the Misuse of Drugs Act 1975 (para.14 ). Right to privacy, Freedom of speech and freedom of association (arts. 17, 19 and 21) 20. According to information before the Committee, provisions of the Criminal Investigation Amendment Bill 2009 permitting the expanded collection and retention of DNA samples and CCPR/C/NZL/Q/5 page 4 profiles place an unjustifiable and disproportionate limit on the right to privacy. Please provide comments on this information in light of artic...

2. 2017 NZSSAA 035 (4 July 2017) [pdf, 104 KB]

   ...position in the belief that he or she was entitled to that sum and would not have to pay or repay that sum to the chief executive; and (b) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. Relevant law [15] The appellants accept that the sickness benefit and jobseeker support which they received are income tested benefits. Income is defined in s 3 of the Act as follows: income, in relation to any person,—...

3. [2018] NZEmpC 17 Goldstone Aluminium Ltd v Edmond [pdf, 199 KB]

   ...a further 14 days following receipt of the statement of defence, Goldstone is to file and serve affidavits of the evidence it relies on. Any documents relied on are to be annexed to those affidavits as exhibits. (c) Goldstone shall not be permitted to adduce any other evidence without the leave of the Court. (d) The parties are directed to mediation. This should be arranged expeditiously to take place as soon as possible after the expiration of the period specified in parag...

4. Whata - The Proprietors of Ruahine Kuharua Incorporation (2015) 120 Waiariki MB 204 (120 WAR 204) [pdf, 209 KB]

   ...filled out were valid. A blank voting form was stapled to each proxy form and placed into an envelope to be collected by the proxy holder at the AGM. [6] At the AGM it was decided that the election would proceed on the basis of shareholding as permitted by regulation 14. Shareholders were asked to place their votes in a sealed box that was later unsealed at the Deloitte Rotorua office. Twenty-eight voting forms, being votes cast by the one proxy voter for other shareholders, had been...

5. Rua - Section 47, 49, 50, 51, 52, 172 Patetere North East Survey District (2001) 76 Ōpōtiki MB 210 (76 OPO 210) [pdf, 274 KB]

   ...entities. It is also impossible for this Court to ascertain what the owners' views would be to these very significant changes that are being proposed by this application. Accordingly, I am not persuaded that the application for variation should be permitted at this stage. Orders The Court makes the following orders: 1. An order under section 239/93 replacing Mr Paratene Paora (deceased) and Mr Paul Swinton Jrn with Mr Rawiri Te Moana and Mr Mihaere Paora. That order in terms of...

6. Auckland Standards Committee v Cox [2015] NZLCDT 32 [pdf, 25 KB]

   ...the basis of admitted unsatisfactory conduct by the practitioner. The applicant and the practitioner through his counsel have agreed on a suggested penalty. [15] The Tribunal has been asked to approve the proposed resolution and penalty and to permit withdrawal of the other charges. [16] The Tribunal, having considered the papers, held some concerns about the practitioner’s conduct which gave it concern as to whether or not it should accept the proposed resolution of the charge...

7. [2023] NZEnvC 017 OneFortyOne New Zealand Ltd v Marlborough District Council [pdf, 1.3 MB]

   ...Effects of sedimentation , including those likely to arise from harvesting , and measures proposed to avoid or mitigate these effects . [R, D] 4.5.3. Plantation forestry afforestation, or plantation forestry replanting that is not provided for as a Permitted Activity or a Controlled Activity. Matters over which the Council has restricted its discretion: Effects on Significant Wetlands. Effects of sedimentation. The effects on the values of the Marlborough Sounds High Amenity La...

8. National and Auckland Standards Committees v Orlov [2012] NZLCDT 32 [pdf, 59 KB]

   ...general approach that judicial disqualification is not warranted on the basis of adverse rulings or decisions is also justified by appropriate concerns about proper judicial administration. There is huge potential for abuse if recusal applications were permitted to be predicated on a party’s subjective perceptions regarding a Judge’s ruling.” 4 Siemer v Heron, above n 1. 5 Muir v Commissioner of Inland Revenue [2007] 3 NZLR 495....

9. Auckland Standards Committee v Smith Charges [2015] NZLCDT 40 [pdf, 31 KB]

   ...beneficial ownership, this Order (made in May 2013) is a “red herring” for the purposes of these charges. [10] The order was later referred to by Her Honour as “unhappily worded” and she affirmed that the orders could “...go no further than is permitted by Part 17 of the High Court Rules. Those rules make it clear that any such order can be made only in relation to property in which Mr M personally has an interest”. Thus the Judge confirmed that, in the absence of a be...

10. [2016] NZSSAA 112 (22 December 2016) [pdf, 149 KB]

    ...putting her into further hardship if assistance was granted and approved. Case for the appellant [6] Mr Ellis, the advocate for the appellant asked that payment should be ordered under the Recoverable Assistance Programme to the extent that this was permitted and that the balance of the outstanding rent be made available as an advance payment of benefit. [7] Ms XXXX, who appeared partway through the hearing, gave helpful evidence outlining her position. She has a five year old ch...