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1. 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...

2. 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...

3. 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...

4. 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...

5. [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...

6. 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...

7. Milne v Lodge [2010] NZWHT Wellington 3 [pdf, 221 KB]

   ...3 [1992] 1 NZLR 178 (HC), 209. 4 HC Auckland, CP303-SD01, 9 August 2001, Tompkins J. 16 with experts, preparing briefs and attendance at the trial. I am satisfied that the claim for this latter period cannot be allowed. The law does not permit recovery for time spent by a party in preparation for litigation, on the basis that such a loss is not a reasonably foreseeable consequence of the breach of contract. … [104] In her evidence relating to general damages, she referred...

8. Naera v Fenwick - Whakapoungakau 24 Block (2011) 34 Waiariki MB 151 (34 WAR 151) [pdf, 193 KB]

   ...responding to litigation pursued by the Applicants and that the funding to be provided, in part at least, will be used to pay some of these expenses. [5] The Applicants submit that there may be risks to the trust and its assets if the trustees are permitted to continue with the BOT. To protect the owners the Applicants argue that the Respondents should be prevented from accessing this funding until the appeal is determined. [6] The Applicants also claim that the trustees have faile...

9. BORA Financial Markets Conduct Bill [pdf, 474 KB]

   ...and publishing offers or intended offers of financial products that are regulated offers (ie. offers requiring disclosure under Part 3 of the Bill as defined in cl 29). Advertising or publicity other than in accordance with those rules is not permitted (cl 73) and a breach of these rules makes a person liable for civil remedies. [12] Clauses 13 and 17 of Schedule 1 state that it is also not permitted to advertise offers that would be regulated offers but for the exclusions referred...

10. [2022] NZEnvC 030 Anderson Branch Creek Limited v Queenstown Lakes District Council [pdf, 973 KB]

    ...access to and linking Ski Area Sub‐ Zones to the roading network; i. stormwater management; j. geotechnical matters. 21.4.25 Ski Area Activities not located within a Ski Area Sub-Zone, with the exception of: a. non-commercial skiing which is permitted as recreation activity under Rule 21.4.22; 13 b. commercial heli skiing not located within a Ski Area Sub-Zone is a commercial recreation activity and Rule 21.4.13 applies; c. Passenger Lift Systems to which Rule 21.4.24 applies;...