Search Results

1. Deputy Registrar v Graham - Parehuia June Durie Kaitiaki Trust (2015) 334 Aotea MB 201 (334 AOT 201) [pdf, 282 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. [74] It is clear that in undertaking the role of kaitiaki trustee Mrs Graham placed herself in a position of conflict. This is made obvious by her kn...

2. Tata v Tata - Waiwhakaata 3E 4C Lot 2A Block (Hiiona Marae) [2020] Maori Appellate Court MB 166 (2020 Appeal166) [pdf, 427 KB]

   ...statements. Mrs Martin must be held responsible for her actions and will be held liable to repay those funds along with the first respondents. [72] Contrast that with the situation in Pook v Matchitt – Matangareka 3B Block where this Court permitted the filing of further evidence post hearing to enable the affected trustees and parties the opportunity to provide proof of the reimbursements and allowances claimed and permitted:40 [85] In any event, there are two issues relevant t...

3. [2022] NZEmpC 10 Shaw v Bay of Plenty District Health Board [pdf, 376 KB]

   ...[137] Mr Cammish’s letter did not refer to a specific policy or policies breached by her conduct. Instead the letter informed her that he did not accept that the use of patient information was “appropriate, reasonable in the circumstances or permitted by organisational policy, protocol or practice”. [138] Mr Mitchell was critical of the way in which the DHB developed its complaint about Ms Shaw’s handling of patient records, arguing that there were significant d...

4. ENV-2016-AKL-000208 Kohler v Auckland Council [pdf, 1.6 MB]

   ...site specific requests to add,modify or delete scheduled items including heritage items and trees as being covered by this minute. Paragraph 7 sets out the 2 fundamental principles to be applied in processing such requests: (i) the Court cannot permit a planning instrument to be appreciably amended without real opportunity for participation by those potentially affected, and (ii)care must be exercised on appeal to ensure that the objectives of the legislature in limiting rights of a...

5. Appendix-10_Michael-Thompson_s87F-Report_Water-Take-and-Allocation_28-April-2023.pdf [pdf, 893 KB]

   ...Under this consent, water is drawn from a groundwater bore near the stream at a weekly average rate of 7.5 L/sec. 80. The only other potential water takes I am aware of are those which may occur under RMA and PNRP rules for unconsented and permitted use (e.g., for stock water and minor garden irrigation, etc). Individually, such takes can occur at rates of up to 2.5 L/sec but only for short periods at this rate (around an hour) until a daily volume of 20 m3/day is reached. Typ...

6. MK v Accident Compensation Corporation [2024] NZACC 45 (8 March 2024) [pdf, 460 KB]

   ...Ms Moores’ assessment, not on the actual care provided. Entitlement to Funding 1999 – 2002 [84] Ms Becroft acknowledges that the Corporation declined funding for this period altogether, on the basis that there was no legislative provision permitting it to retrospectively fund care for the period prior to the 2001 Act coming into force. [85] She refers to s 83 of the 2001 Act, which provides that the Corporation must provide social rehabilitation on the later of the following:...

7. 20240930-Sentencing-Reform-Proactive-Release-2nd-Tranche_FINAL.pdf [pdf, 8.7 MB]

   ...offender pleaded guilty, and any remorse expressed. Case analysis shows that the discounts are most commonly given for factors in section 9(2). However, Judges may also apply discounts in relation to other non-specific mitigating factors, which is permitted under section 9(4)(a) of the Act. Case law commentaries indicate that mitigations under this provision include: • aspects of the offender's background where this contributed to the offending, such as abuse or victimisation, dep...

8. Response-to-Committee-against-Torture-Recommendations_FINAL.pdf [pdf, 682 KB]

   ...16 End the use of spit hoods in all circumstances No action proposed New Zealand is not currently considering ending the use of spit hoods. Agencies have detailed policies, safeguards, and training in place for spit hood use. Spit hoods are permitted as a last resort and there are strict criteria for their use. Police is considering establishing an Assurance Forum to review a sample of events to ensure compliance with policy. This will include events where spit hoods have been us...

9. [2016] NZEmpC 20 Roy v Board of Trustees of Tamaki College [pdf, 522 KB]

   ...mediation, saying that Mr Roy had not raised the issue of attending school assemblies until he did so in the mediation, as he claimed had been the subject of some resolution with the HRC. [99] Mrs Pamaka advised the Board that Mr Roy had been permitted by her to arrive late for assembly so that he would miss the opening karakia. She disagreed that the school’s assembly was a “religious activity” and said that Mr Roy had not asked permission to absent himself for the...

10. LCRO 103/2021 & LCRO 58/2022, LCRO 104/2021 and LCRO 105/2021 GS v ABC Ltd & HY, [Law Firm A] v ABC Ltd & HY and SW v [Area] Standards Committee [X] (24 November 2022) [pdf, 595 KB]

    ...opportunity to parties to adduce fresh or new evidence at the review stage. A Review Officer must be cautious to ensure that he or she does not get cast into the role of a “first instance” determiner of the evidence. Such an approach, if permitted, would undermine the very process of review. [71] The role of the Review Officer is to look afresh at the material that was put before the Committee, and to bring a robust and independent approach to an assessment of that material....