Ministry of Justice

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1. ENVC speech Alternative Dispute Resolution 2011 [pdf, 188 KB]

   ...of Conduct for Expert Witnesses. [24] The next succeeding paragraph provides that the statement may include reservations by one or more participants about issues on which they are uncertain about the substantive law (eg whether the concept of a permitted baseline applies), or about procedural matters. [25] Paragraph 5.6.7 provides that witnesses are to review their evidence in light of joint witness statements. If formal briefs have been exchanged before the caucus, they may be wit...

2. Belton - Karaka B No 2A No 3 (2017) 375 Aotea MB 136 (375 AOT 136) [pdf, 312 KB]

   ...freehold land or the whole interest, not an undivided interest. In other words, the Act provides greater flexibility for the alienation of a whole block compared with undivided interests, by giving the preferred class a right of first refusal but then permitting alienation outside of the class of the whole block. With undivided interests, alienation is restricted to the preferred class. Discussion [18] What is being sought is, effectively, the transfer of the undivided shares held...

3. [2007] NZEmpC CC 23/07 Coy v Commissioner of Police [pdf, 46 KB]

   ...had occurred in the previous 90 days, that is on or after 23 September 2002. Consent by waiver? [16] Mr Fairclough submitted that the defendant had consented by waiver to Ms Coy raising her out of time grievances and should therefore not be permitted to now have them struck out. I find against that argument for the following reasons. [17] The Commissioner’s first response to Ms Coy’s personal grievances was a letter to her from Inspector Gary Lennan, Canterbury Human Resour...

4. [2021] NZEnvC 052 Rangitane O Tamaki v Manawatu-Wanganui Regional Council [pdf, 3.2 MB]

   ...Report) at section 3. 6 [15] The Decisions Report granted the following resource consents of relevance to the appeals:9 (a) APP-2005011178.01 and APP-2018201909.00 - Eketahuna Wastewater Treatment Plant General Conditions Applying to all Permits, expiring seven years after commencement; (b) ATH-2013010987.01 - Eketahuna Wastewater Treatment Plant Discharge to Water Permit; (c) ATH-2015200247.00 and ATH-2018202081.00 Eketahuna Wastewater Treatment Plant Discharge to Land Pe...

5. Rotorua District Council (Representation Arrangements) Bill [pdf, 320 KB]

   ...7 Hansen v R [2007] NZSC 7. 5 WELLINGTON, NEW ZEALAND Published by Order of the House of Representatives – 2022 22.3 The spirit, intent and generosity of Ngāti Whakaue as provided in the Rotorua Township (Fenton) Agreement (which permitted establishment of the Rotorua Township with the approval of Ngāti Whakaue); 22.4 The need to guarantee Māori representation at the decision-making table, to ensure mana whenua can inform decisions being made by the Council. 23. T...

6. [2018] NZEnvC 011 Reuters Construction Ltd v Whanganui District Council [pdf, 770 KB]

   ...[which relates to flood hazards and prohibits alteration of ... the existing ground level in a manner that diverts flood flows or adversely affects channel capacity] means the level of ground when the subject allotmentls were created, and any works permitted by a Building Consent to establish building foundations. In relation to Building Height existing ground level means the level of the ground immediately preceding any earthworks for the development of a new building platform. The...

7. McNie v CAC2004 & Proude [2013] NZREADT 49 [pdf, 62 KB]

   ...that a hearing before us is a “proceeding”; see ss.105, 106, 109 and 113 of the Act. In particular, s.109(5) refers to it as “judicial proceeding”. Counsel for the second respondent maintains that it would be an abuse of process for us to permit the present appeal to be heard, because the complaint which forms the basis of the appeal has already been settled and the appellant has expressly agreed not to bring any further proceeding arising out of the settled claim against any pe...

8. Senadipathi & Xavier v Sampang [2015] NZIACDT 43 (20 April 2015) [pdf, 95 KB]

   ...position was located. [6.2.1] Mr Sampang did not exercise due care, diligence, respect and professionalism, through his failure to ensure he met the requirements of the Immigration Instructions. [6.2.2] His advice after the application for the work permit was declined was wrong as: [6.2.2] When Immigration New Zealand notified Mr Sampang the complainant was in New Zealand unlawfully, and had 42 days to lodge an appeal; he told her she had 14 days to re-apply for a visa. [6.2.2] He...

9. Proposals against incitement of hatred and discrimination - summary document - large print [pdf, 334 KB]

   ...Copyright (Marrakesh Treaty Implementation) Amendment Act 2019. It is for your own personal use and cannot be shared with anyone else. The author and publisher reserve the right to take legal action if the Act is breached. No unauthorised copying is permitted. Produced 2021 by Accessible Formats Service, Blind Low Vision NZ, Auckland Total print pages: 8 Total large print pages: 15 Additional Publishing Information This large print edition is a transcription of...

10. [2007] NZEmpC CC 27/07 South Tranz Ltd & Ors v Strait Freight Ltd [pdf, 51 KB]

    ...s151. Where, as in this case, the term of the agreement which is found to have been broken does not require the payment of money, the only remedy available to the Authority is to order compliance with the term in question. No other remedies are permitted under s151 and the effect of s149(3)(b) is that the agreement may not be the subject of any form of proceedings other then enforcement proceedings. A compliance order is an order made under s137 and is limited to an order of the...