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1. Evidence Brief: Good Behaviour Bonds [pdf, 438 KB]

   ...and Annoyance (IPNA).2 Anyone over the age of 10 years can be given an IPNA when they have behaved in an antisocial manner, for example, drunken or threatening behaviour. Having an IPNA means certain behaviours and actions are no longer permitted, such as visiting a certain area of town or drinking in the street. It can also impose obligations including attendance at rehabilitative programmes. Offenders younger than 18 years can receive an IPNA through the youth court...

2. [2011] NZEmpC 168 The Postal Workers Union of Aotearoa v NZ Post Ltd [pdf, 115 KB]

   ...alike as a matter of fairness. Reference was made to cl A14 in this regard, which provides that the defendant company has an employment philosophy of treating people fairly and with respect. It was said that it is unfair that permanent posties are permitted to go home once their deliveries are completed but on-call employees are not. That perceived inequity is what has given rise to the dispute. It was submitted that it was “only fair” that when an on-call employee was called...

3. COVID-19 Communications to Family Violence Providers [pdf, 321 KB]

   ...available for individual programmes in exceptional circumstances, but steps must be taken to protect bubbles. (eg, safety programme service to clients in safe house, or new assessment for high risk client). • No face to face group delivery is permitted. • Staff can work from the office if they are not able to work from home however they are not to allow clients onto the premises • Contract managers should be informed of any face to face programme delivery. • NVP clients...

4. BORA Social Security (Long-Term Residential Care) Amendment Bill [pdf, 136 KB]

   ...whether the limit on the right to be free from discrimination on the grounds of age can be justified in terms of section 5 of the Bill of Rights Act. 42. The objective of the Bill is to remove the burden of asset testing as quickly as resources permit. In order to meet this objective a scheme that provides for the progressive removal of asset testing to persons over 65 is proposed. We consider this is reasonable taking into account the following factors: i. Approximately 97% of those...

5. [2018] NZEmpC 56 Rodionov v Ozone Technologies Ltd [pdf, 363 KB]

   ...broad that the Authority, and now the Court, could take into account the fact that an erroneous conclusion had been reached, Mr Gray was unable to provide any case law in support of this proposition. In my view, the discretion in cl 15 does not permit the Authority to override its previous conclusions; it had no option but to determine costs according to the actual outcome. Nor is it appropriate for the Court now to effectively rehear and re-determine the merits of a claim, when th...

6. Sutton v Real Estate Agents Authority (CAC 411) & Fear [2017] NZREADT 27 [pdf, 243 KB]

   ...whatever manner the Committee thinks fit. [43] Section 88 of the Act sets out the Committee’s wide powers as to the evidence it may receive (subsection (1)). Those powers include taking evidence on oath (subsection 2), and the Committee may permit a person appearing as a witness before it to give evidence by tendering a written statement which may be verified by oath (subsection 3). It is apparent that a hearing on the papers is the customary procedure, unless the Committee dire...

7. McNicholl v CAC416 & O'Loughlin [2019] NZREADT 32 - Penalty (2 August 2019) [pdf, 276 KB]

   ...rectify or put right or correct an error or omission, or, where rectification is not practicable, to provide relief from the consequences of an error or omission. One example was where a licensee assured prospective purchasers that the vendor would permit early possession of a property and the purchasers, in reliance on that assurance, contracted to sell their existing home with settlement before that of the 9 Quin, above fn 9....

8. Youth Court - 10 ideas that might “cross-pollinate” from the Youth Court into the adult District Court [pdf, 301 KB]

   ...orders that they make (supervision with activity or supervision orders).12 Judicial monitoring in the adult jurisdiction is certainly possible. The Sentencing Act 2002 already effectively allows for judicial monitoring in some situations. It permits the court to impose a condition of judicial monitoring on a sentence of intensive supervision (s 54I(3)(d)) and on a sentence of home detention (s 80D(4)(d)). Where judicial monitoring is ordered, probation officers must make written...

9. Forrest v Kamara Developments Ltd [2010] NZWHT Auckland 28 [pdf, 146 KB]

   ...KDL through its principal, Ms Rollinson, applied to the Waitakere City Council for a building consent to construct a residential dwelling on its land at 29C Kamara Road, Glen Eden, Auckland. After the Council approved and issued the building permit on 1 March 2001 KDL and Ms Rollinson then engaged Mr Rudolph as a labour-only builder to undertake the building for the concerned dwelling. [6] Between March 2001 and 19 October 2001 the Council carried out inspections of the buil...

10. BZ v FI LCRO 245/2013 (5 April 2016) [pdf, 67 KB]

    ...submissions that Mr and Mrs BZ had expectation that the review process would allow them opportunity to call and cross-examine witnesses. 6 [25] The review process is not comparable to a court hearing. No cross examination of witnesses is permitted in a review hearing. [26] Whilst I was reluctant to allow opportunity for Mr BZ to file further information after the hearing had been concluded, it being his responsibility to have all his evidence put before the LCRO prior to t...