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1. Chee v Stareast Investment Ltd [pdf, 97 KB]

   ...LIMITED............................................................................................... [64] XIII. CLAIM AGAINST MR BROCKLISS, IN TORT ............................ [67] XIV. CLAIM AGAINST CSR BUILDING PRODUCTS (NZ) LIMITED . [71] XV. CLAIM AGAINST MANUKAU CITY COUNCIL............................ [73] Building permit failure ............................................................................ [73] Inspection Failures ..................................................

2. Easton v Mayers [pdf, 298 KB]

   ...there has been some betterment in relation to the roof, the eaves and the exterior painting. [2] The first respondent, Brian Mayers, built the dwelling at 14 Clifford Ave that now belongs to the claimants. Mr Mayers obtained a building permit for the dwelling on 24 July 1992 and purchased the section on 27 July 1992. Between 3 August 1992 and 1 February 1994 the Council inspected the building eleven times. A letter dated 8 October 2003 from the Council, document 52 in the...

3. 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...

4. 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...

5. Director-General of Conservation [pdf, 467 KB]

   ...Requiring a general improvement in farming practice to reduce diffuse discharges of those contaminants; and b. Focusing priority action on those farming practices that reduce those contaminant(s) set out in Table 3.11-2; and c. Enabling, through permitted activity rules, low intensity farming and horticultural activities (not including commercial vegetable production), with low risk of diffuse discharge of contaminants to water bodies, and requiring resource consents for all other acti...

6. Director of Proceedings v Brooks (Application for Final Non-Publication Orders) [2019] NZHRRT 33 [pdf, 1.6 MB]

   ...in practice across the broad spectrum of the circumstances covered by HRA, s 107, not just applications for final, permanent suppression of information. [80] In our view not all of the many circumstances which might conceivably fit the exceptions permitted by HRA, s 107(3) will have the same significance to the general rule of open justice. Some circumstances will impact on open justice to a greater degree than others. As a consequence the degree of persuasion to satisfy the desirability...

7. Brooking v Henderson - Wharekahika A47 (2022) 110 Tairawhiti MB 238 (110 TRW 238) [pdf, 497 KB]

   ...of the trust. Counsel for the respondent, Mr Kahukiwa, acknowledged that there is no express provision in the trust order that authorises the renumeration of trustees.19 He also acknowledged that the law indicates that trustee renumeration is not permitted unless it can be inferred from a trust order that such renumeration entitlement is available.20 16 See Fenwick v Naera [2015] NZSC 68 at [61]-[65]. 17 Te Ture Whenua Māori Act 1993, s 227A(2). 18 See Pook v Matchitt – Mata...

8. [2023] NZEmpC 56 Te Whatu Ora – Health New Zealand v Public Service Association, Te Pūkenga Here Tikanga Mahi [pdf, 471 KB]

   ...rates. (d) The terms sought were based on the nurses’ arrangements, which had not been contained in a pay equity claim settlement within the meaning of s 13ZH(2). (e) Neither were the terms connected in any way with ss 13ZZD or 13ZZE, which permit the Authority to order payment for past work following a fixing application. At best, they might be “factors” that the Authority or Court could take into account within the meaning of s 13ZZD(2)(d) (f) As such, the terms so...

9. 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...

10. 2017 Population report [pdf, 14 MB]

    Justice Sector POPULATION REPORT 1 POPULATION REPORT JUSTICE SECTOR 2 Justice Sector POPULATION REPORT ISSN 2538-1431 2018 © Crown copyright This work is licensed under the Creative Commons Attribution 4.0 International licence. In essence, you are free to: share ie, copy and redistribute the material in any medium or format; adapt ie, remix, transform and build upon the material. You must give appropriate credit, provide a link to the licence and indicate if changes were made....