Ministry of Justice

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1. Pritchard v Toa-Wairere - Rangitatau Waitotara 3C2B2 3C2B3 (2021) 432 Aotea MB 112 (432 AOT 112) [pdf, 250 KB]

   ...responsible trustees. If they are not going to work the land themselves as lessees through their trust, then that concern would no longer exist. As foreshadowed, while I acknowledge that the standard wide powers trust orders used in this district permits the awarding of contracts to trustees or their immediate whānau, provided the intent of s227A of the Act is adhered to rigidly, as set out in Fenwick v Naera, Clarke v Karaitiana is good authority for the rule that where conflicts...

2. [2021] NZEmpC 55 MacLeod and Others v Wellington City Transport Ltd and CityLine (NZ) Ltd [pdf, 257 KB]

   ...Appeal in Chief Executive, Unitec Institute of Technology v Tertiary Education Union.6 That decision considered the effect of s 43 of the Act, where there is a negative ballot of union members. It held that where that occurs, the parties are not permitted to continue bargaining. [29] The Court went on to comment on the dicta of the Service and Food Workers case relied on by the defendants. It said:7 6 Chief Executive, Unitec Institute of Technology v Tertiary Education Union...

3. BORA Substance Addiction (Compulsory Assessment and Treatment) Bill [pdf, 325 KB]

   ...patient from communicating adequately. 23. Once a compulsory treatment certificate has been signed clause 56 also entitles every patient to obtain a second opinion about their condition. If the approved specialist agrees to a consultation, they must be permitted access to the patient. We note that no such entitlement to a second opinion is explicitly stated in the process leading to a compulsory treatment certificate being signed. This means that arguably there is no mechanism to seek in...

4. Guo v Culpan (Strike-Out) [2018] NZHRRT 25 [pdf, 127 KB]

   ...effectively with the matter before it, whether or not it would be admissible in a court of law. (2) The Tribunal may take evidence on oath, and for that purpose any member or officer of the Tribunal may administer an oath. (3) The Tribunal may permit a person appearing as a witness before it to give evidence by tendering a written statement and, if the Tribunal thinks fit, verifying it by oath. (4) Subject to subsections (1) to (3), the Evidence Act 2006 shall apply to the Tribunal...

5. Witana v Cutforth - Kohewhata 27C2A (2021) 238 Taitokerau MB 150 (238 TTK 150) [pdf, 285 KB]

   ...Global Natural Resources Plc [1984] 1 All ER 225 (CA). 238 Taitokerau MB 159 (b) The project cherrypicked the group of land-owners; (c) There was no open and transparent process; (d) The other trustees were aware of Dr Robust’s conflict and permitted him to participate; and (e) The trustees are not making the best decisions for the beneficiaries on issues that include this project. [40] These matters were not pleaded as grounds relied on in the application seeking an in...

6. [2018] NZLCDT 22 Auckland Standards Committee 2 v Horsley [pdf, 194 KB]

   ...an expert but whose affidavit was simply read without cross-examination that a competent lawyer could have concluded there was no conflict of interest and therefore it was unnecessary to advise to seek independent legal advice. [35] The Rules do permit the practitioner to continue to act in circumstances such as these, however there must be the prior informed consent of all parties obtained. 4 Although given that she occupied the propert...

7. LCRO 149/2020 WM v VE and DP (14 December 2021) [pdf, 361 KB]

   ...elsewhere” as required. (b) Professional rules [128] Because I have concluded that, when advising the company, Mr VE and Mr DP also advised the four [Z] shareholders/directors, the question is whether their professional obligations and duties permitted them to do so. In particular, were they 30 See above n 24. 22 conflicted in their professional duties by acting for more than one client on the restructuring matter? [129] Rule 6.1 prohibits a lawyer from acting for mor...

8. [2024] NZEnvC 098 Neale Russell Limited v Waikato District Council [pdf, 408 KB]

   ...that the OLS and ANB provisions not be included in the PDP for the following reasons:1 (a) The ANB and OLS rules impose restrictions on the neighbouring property owners; (b) The Special Purpose Airport Zone as proposed by the submitter allows permitted activities that may have potential adverse effects on the rural environment; (c) There are concerns regarding a lack of consultation with the community, and that the ability for the neighbouring landowners and the community 1...

9. D-G of Conservation - Murray Brass - EIC - 25 February 2022 [pdf, 234 KB]

   ...at the Clutha District Council, and four years as Resource Planner / Policy Advisor at the University of Otago. 5. My experience relevant to the current process includes: (a) Eight years’ experience of processing the full range of water permits for regional councils, including as reporting officer for non-notified and notified applications, and as senior officer at hearings. Of this experience, a total of four years was in the Otago region. (b) Also, during my time i...

10. Cabinet Paper - Privacy Bill 2018 - Approval for Introduction and Additional Policy Decisions [pdf, 354 KB]

    ...the circumstances authorised under courts legislation. 1 Court information may be shared via an Approved Information Sharing Agreement only if it is a specified type of court information, called ‘permitted information’. Ministry information can be shared in accordance with relevant legislation, for example the Official Information Act and the Privacy Act. 7 Retiring Information Matching Programmes 37. Information matching...