Search Results

1. Committee on the Elimination of All Forms of Racial Discrimination – summary record 15th-17th reports (continued) [pdf, 63 KB]

   ...measures listed in paragraph 78 of the report, aimed at reducing the effects of the family violence to which Maori women were exposed. CERD/C/SR.1821 page 10 52. Referring to paragraph 136 of the report, he asked whether migrants holding work permits of less than two years and aliens in an irregular situation had access to health care and whether their children had access to education in the same way as people on work permits allowing a stay of two years or more, refugees and asylum...

2. Hawke v ACC [2013] NZACA 5 [pdf, 86 KB]

   ...12 17 to the District Court for determination; if not, it would remain in the Authority and directions would be made for bringing the substantive appeal to a hearing. Existing appeals were to be either dealt with on the papers if time permitted, or as a preliminary matter at the substantive hearing. No appeal against the decision was contemplated when the wording of the practice note was discussed and agreed to. [58] I have not seen the Registry letters to counsel in R...

3. [2017] NZEnvC 037 Wellington Fish Game Council v Manawatu-Wanganui Regional Council [pdf, 3.7 MB]

   ...to the matters set out in s104, but they must not necessarily be accepted. See eg: Foodstuffs (South Island) Ltd v Christchurch CC [1999] NZRMA 482 (HC). [15] A further restriction of the decision-making power exists in the case of discharge permits (a class of resource consent) required to authorise an activity that would otherwise contravene s15 (except in the case of a truly exceptional, or temporary, or other work required for maintenance, which do not apply here). Section 107...

4. Rafiq v Commissioner of Inland Revenue [2012] NZHRRT 12 [pdf, 106 KB]

   ...inquiry by the Registrar, Mr Rafiq confirmed that he had not travelled to Wellington, would not be attending any of the hearings and would be relying on his “paper submissions”. The hearing accordingly proceeded in the absence of Mr Rafiq as permitted by Regulation 19(3) of the Human Rights Review Tribunal Regulations 2002. The Commissioner’s only witness, Mr Andrew Rodger, Manager, Relationship Management Group, gave oral evidence in accordance with his brief of evidence and answ...

5. Austin v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 180 [pdf, 634 KB]

   ...burden of proof; • It considered the history of the claim in the High Court litigation which was not a relevant factor, and which provided an appearance of bias or predetermination; and did not consider how the Accident Compensation Act permitted some recovery of the payments; • It relied upon the opinions of medical practitioners, or scientists, without identifying: [1] Whether they were “experts” in terms of the Evidence Act 2006; [2] Whether the evidence shoul...

6. LCRO 57/2021 FC v HS, FM and QP (8 September 2023) [pdf, 224 KB]

   ...my daughter and son and if it is hard I will ask you. [100] None of this material supports Ms FC’s assertions about being denied her interpreter of choice. Ms FC has neither adduced any evidence of her own of [Law firm A] being reluctant to permit her to use her own interpreter nor responded to the evidence adduced by the respondents supporting the general proposition that they translated what they were asked to translate when they were asked to translate it. [101] I find that Ms...

7. RI v Hart LCRO 158 / 2011 (13 July 2012) [pdf, 160 KB]

   ...hand. 3 [9] The respondent’s [this should have referred to the Applicant] application for review was lodged on 15 July 2011. Section 200 of the Lawyers and Conveyancers Act obliges me to conduct the review with as much expedition as is permitted. No adjournment to the date fixed by this Minute will be granted unless extraordinary circumstances prevent Mr Hart from either appearing on that date, or from preparing submissions to be presented on his behalf, or provided to this O...

8. LCRO 251+257+258+259+260+261/2015 TS Trust v WK, VH, Ql, IV, ZG (13 June 2018) [pdf, 220 KB]

   ...Conveyancers Disciplinary Tribunal. [19] The Trust also sought a variation of the restriction on publication by the Committee should the Committee’s findings be confirmed on review. It sought: removal of the confidentiality restriction: (i) to permit a copy of the document to be provided to Ms KJ; and (ii) to permit publication of the names of the practitioners Mr WK [20] [Counsel A] submitted that the Committee erred in the finding of unsatisfactory conduct against Mr WK i...

9. [2021] NZEnvC 124 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 1.7 MB]

   ...ONLs or RCLs. 10. The following table identifies rules that have different requirements depending on whether land is within the ONL, ONF or RCL landscape classification. Rule Rural Zone ONF Rural Zone ONL Rural Zone RCL Chapter 25 Earthworks permitted volume (cut and fill) 10m³ 1000m³ 1000m³ Chapter 21 Rural Zone Farm Buildings Farm buildings are not permitted and require a resource consent. Farm buildings are permitted up to a height of 4m and ground floor...

10. Floyd v The Proprietors of Hauhungaroa 2C Block Incorporation Committee of Management - Hauhungaroa 2C Incorporation (2014) 325 Aotea MB 42 (325 AOT 42) [pdf, 229 KB]

    ...Court. If neither of these steps is taken, and the conflicted trustee participates in decision making, any resulting transaction will be voidable regardless of the fairness or otherwise of that transaction. Indeed, “no inquiry on that subject is permitted”. Likewise, the honesty or otherwise of the fiduciary is also irrelevant. [55] As foreshadowed, the report of Mr Wilson identifies that a clear conflict of interest existed in relation to the engagement of NMH Services, whic...