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1. Waitangi Tribunal Part 2 Report on stage 1 of the Te Paparahi o Te Raki inquiry [pdf, 4.4 MB]

   ...Majesty extending to them any effectual protection unless the Queen be acknowledged as the sover- eign of their country, or at least of those districts within, or adjacent to which, her Majesty’s subjects may acquire lands or habitations.149 Normanby permitted hobson, however, to win Māori consent through ‘presents or other pecuniary arrange- ments’ if necessary. Loveridge noted that the only significant section of text in the July draft that did not make it into the final instruc...

2. Victim-led alternative resolution pathways [pdf, 1.6 MB]

   ...terms could be used interchangeably (Daly, 2017, p.112). 39 Innovative mechanisms are described as those that ‘do not rely solely on the standard tool kit of criminal procedure or justice practices, or those wedded to legal processes alone. They permit greater participation and interaction of the relevant parties. The processes are often more informal, although structured by rules and procedures’ (Daly, 2017, p.113). 18 Figure 1. Framework to review ‘innovative justice mecha...

3. Privacy Act 1993 and Privacy Act 2020

   ...and 37 – Privacy Act 1993, s 89 Taylor v Corrections (No. 2) [2018] NZHRRT 43 Taylor v Corrections (Admissibility of Evidence) [2016] NZHRRT 10 Evidence – appearance of witness or participant by audio-visual link (AVL) – whether jurisdiction to permit – principles and criteria to be applied – Human Rights Act 1993, s 104(5) – Courts (Remote Participation) Act 2010, ss 5 and 7 – Evidence Act 2006, ss 102 to 105 Dotcom v Crown Law Office (AVL) [2017] NZHRRT 13 Evidence – couns...

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4. Beef + Lamb NZ EiC J M Chrystal Agricultural Science 5 Feb 2021 [pdf, 3.8 MB]

   1 IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T o...

5. Waitangi Tribunal - Principles of the Treaty of Waitangi as expressed by the Courts and the Waitangi Tribunal [pdf, 190 KB]

   ...reflected “an absence and even a repudiation of any suggestion that Ngäi Tahu’s representations could materially affect the decision”.376 The Court also rejected the proposition that Ngäi Tahu had a veto over the allocation of new whale-watching permits under 88 HE TIROHANGA Ö KAWA KI TE TIRITI O WAITANGI the Marine Mammals Protection Regulations 1992.376 In a later case, Watercare Services v Minhinnick (1998), the Court of Appeal held that: s 8 [of the Resource Management Ac...

6. [2013] NZEmpC 157 Service and Food Workers Union Nga Ringa Tota Inc v Terranova Homes and Care Ltd [pdf, 343 KB]

   ...be applied in such a manner as to give full effect to the provisions of the Convention … The Committee also requests the Government to indicate whether any judicial or administrative tribunals have interpreted the equal remuneration laws as permitting cross-contractual complaints and to provide copies of any such decisions. [71] We do not understand the Committee to be expressing a concluded view as to the ambit of s 3 or the reach of the Court’s jurisdiction under the Act. In...

7. Tackling money laundering and terrorist financing consultation [pdf, 321 KB]

   ...for information about account holders. However, under the AML/CFT Act, there’s arguably some uncertainty regarding the FIU’s ability to ask reporting entities for information about customers. In addition, there may be circumstances not currently permitted under the Act where the FIU could share information with reporting entities to assist in the disruption of criminal activity. Under section 77, the Act provides protections for reporting entities to engage with the FIU and supervi...

8. [2006] NZEmpC CC 7/06 NZ Meatworkers Union Inc v Alliance Group Ltd [pdf, 156 KB]

   ...the former award framed in similar terms recognised continuity from season to season. (k) Clause 60 dealt with superannuation and provided that, during the off season, workers were not required to withdraw from the superannuation scheme but were permitted and required to remain as members. (l) Clause 61 contained a linkage to the redundancy agreement. Miss French submitted this had applied to the Ocean Beach plant when it closed during an off season and the amount of redundancy co...

9. Taylor v Corrections [2018] NZHRRT 35 [pdf, 308 KB]

   ...Corrections in August 2014 which made provision for all staff names to be removed from information released to prison inmates under IPP 6 without giving consideration to whether each individual redaction could be justified under the withholding grounds permitted by the Privacy Act. Mr Taylor submits such policy was unlawful and relies on Kelsey v Minister of Trade [2015] NZHC 2497, [2016] 2 NZLR 218. [18] As to the watermark complaint, Mr Taylor said in evidence that the heavy overprint...

10. Environment Court Annual Review 2016 [pdf, 1.1 MB]

    ...the risks to, species of fauna in New Zealand’s rivers. Water take and use — Water divert — River — Effect adverse — Earthworks This was an appeal about an application to take water from the Waimakariri catchment by obtaining a new permit to take water from the Cass River (“the river”) (a tributary in the upper catchment) which the applicant P and E Ltd (“PE”) proposed to substitute for existing permits in the lower catchment. PE had sought resource consent to take...