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1. New Zealand Law Society v Faleauto [2009] NZLCDT 19 [pdf, 180 KB]

   ...(“ADLS”), which was exhibited as part of the Society’s evidence. It required Mr Faleauto to comply by 5pm, 28 November 2006. Mr Faleauto’s response was to request the Society, on 28 November 2006, to obtain a waiver from Mr S, so that he would be permitted “… to reply in full and to address all issues – both legal and factual”. [23] A waiver of privilege was obtained from Mr S and sent to Mr Faleauto on 15 January 2007, asking for his response to the request that...

2. ZA v YB LCRO 23/2014 Recusal (31 August 2016) [pdf, 96 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. [101] We know of no common law jurisdiction which accepts that a judge’s adverse rulings are disqualifying per se. The problem is rather wh...

3. [2022] NZEmpC 167 Halse v Employment Relations Authority [pdf, 331 KB]

   ...that the non-publication order 14 First determination, above n 2. 15 At [51]. may require Mr Halse to amend some of the social media posts.16 He was recorded as denying breaching the settlement agreement while admitting making or permitting the posts that gave rise to the litigation.17 [36] The second determination was dated 13 August 2018.18 The non-publication order made on 27 July 2018 was reviewed and remained in place.19 [37] The third determination was d...

4. D-G Conservation - EiC - N R Dunn - Freshwater Ecology (5 Feb 2021) [pdf, 1.2 MB]

   ...DOC-6558656 Evidence of Dr Nicholas Dunn on behalf of Director-General of Conservation for Otago Regional Council Plan Change 7 Map 1. Distribution of deemed mining permits (yellow) and threatened non-diadromous galaxias in Otago. 11 DOC-6558656 Evidence of Dr Nicholas Dunn on behalf of Director-General of Conservation for Otago Regional Council Plan Change 7 Threats to non-diadromous galaxiid...

5. Fehling v Ministry of Health (Strike-Out of Second Defendant) [2016] NZHRRT 29 [pdf, 107 KB]

   ...update any changes • sent to the PHO and Ministry of Health to obtain subsidised funding on my behalf • used to determine eligibility to receive publicly-funded services. Information may be compared with other government agencies but only when permitted under the Privacy Act. [6] The enrolment form he was asked to sign contained a line which read: I have read and I agree with the Health Information Privacy Statement. [7] In view of his objection Mr Fehling on 16 December 20...

6. 14.-Evidence-of-Dr-Jack-McConchie-Hydrology-Flooding-Groundwater-and-Water-Abstraction.PDF [PDF, 5 MB]

   ...pump location or other details. However, from information available for other bores in the area, the submitter’s bore is likely to be relatively shallow and tapping the surficial unconfined aquifer. Since there does not appear to be a water permit for this bore, it is likely for domestic use under the Permitted Activity Rule. 141. The current design of the proposed highway in this location shows it to be slightly elevated above current ground level, rather than in a cutting. Th...

7. Committee on the Elimination of All Forms of Racial Discrimination – summary record 15th-17th reports (continued) [pdf, 66 KB]

   ...Accommodation Centre until their status claims had been processed and their identity satisfactorily established. The Centre was an open centre and, while persons resident therein were subjected to a regime of compulsory residence and monitoring, they were permitted to leave the premises on a daily basis. Refugee status applicants were only deprived of their liberty if they represented a threat to New Zealand’s security or were considered at high risk of absconding. Statistics for 2006-20...

8. Rafiq v Commissioner of Police [2012] NZHRRT 13 [pdf, 98 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, Ms Katherine Baird, Legal Adviser of Wellington, gave oral evidence in accordance with her brief of evidence and answered su...

9. [2013] NZEmpC 206 Candyland Ltd v Jarvis [pdf, 135 KB]

   ...Jarvis accepted that Mrs Coker had told her to have her lunch break but that she got diverted by Ms Lang asking for assistance with her show. Rather than immediately taking a break, she assisted Ms Lang and then had a brief break later, as time permitted. It is evident that staff members pitched in to help others as required, consistently with the varied nature of the tasks they were employed to do and the ebb and flow of customer demands throughout the day. Mrs Jarvis said that...

10. Donnelly v Tuala Rongohaere Marae (2007) 78 Ruatoria MB 55 (78 RUA 55) [pdf, 267 KB]

    ...apposite to the instant case. I will not be drawn into mandate issues over fisheries between supporters of Te Rünanga o Ngäti Porou and Uepohatu. There are processes available to deal with such matters and neither this nor the Appellate Court will permit cases over the administration of Mäori reservations to become vehicles for mandate disputes. They are a distraction and for present purposes have no value in these proceedings other than to illustrate the behaviour of certain...