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1. Soulsby v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 31 [pdf, 301 KB]

   ...Powell DCJ stated: [9] To attempt to get around the review decision by issuing a further decision in reliance upon Dr Louw’s addendum is exactly the type of “collateral attack on a final decision” that the authorities are clear should not be permitted. The fact that it has arisen through a new decision in the first instance, rather than new proceedings is irrelevant. The issue has been decided and the Corporation is therefore estoppel from attempting to re-litigate the outcome thr...

2. [2021] NZEnvC 192 Northport Limited v Whangarei District Council [pdf, 1.5 MB]

   ...sought various amendments for the port. Although it is not directly relevant for current purposes, they were resolved by consent order on 30 March 2021. It is important to note that it included port management subareas within PORTZ to facilitate permitted commercial and industrial activities and specified port management area B (shown in “A” as attached). Northport noise submission Ms McGrath, the planner for the Council, neatly summarises that the Northport submission to...

3. [2006] NZEmpC AC 52/06 Simpsons Farms Ltd v Aberhart [pdf, 143 KB]

   ...Consultation is to be a reality, not a charade. The party to be consulted must be told what is proposed and must be given sufficiently precise information to allow a reasonable opportunity to respond. A reasonable time in which to do so must be permitted. The person doing the consulting must keep an open mind and listen to suggestions, consider them properly, and then (and only then) decide what is to be done. However, consultation is less than negotiation and the assent of the persons...

4. [2015] NZEnvC 137 Tram Lease v Auckland Transport and Auckland Council [pdf, 813 KB]

   ...conducted appropriately, conferencing can produce professional narrowing of disputes and save everybody time and expense (as belatedly proved possible in this case after conferencing resumed). Undertaken in the manner and negative tone that counsel permitted to occur here however, conferencing will instead simply add another layer of cost onto proceedings. The Court in such instances in future might give consideration to the NSW approach of limiting experts to one Court-sanctioned w...

5. Haddon v Rahui Te Kuri Inc – Pakiri R (1994) 3 Taitokerau Appellate MB 178 (3 APWH 178) [pdf, 1.5 MB]

   ...administrative; and that the object of Section 233 was to ensure that the Maori Land Court had an immediate and complete record available to it. 47. In his decision in the Housing Corporation case, at page 674, Mr Justice McGeehan observed:-- 'If I may be permitted perhaps a small and respectful quibble more as to emphasis than anything else, I rather think the sanction depriving instruments not endorsed of force and effect reflects a promotion of administrative convenience rather than d...

6. Director of Human Rights Proceedings v Hamilton [2012] NZHRRT 24 [pdf, 120 KB]

   ...exceptions which are not relevant in the present context, no reason other than one or more of the withholding grounds set out in ss 27 to 29 of the Act justifies a refusal to disclose any information requested pursuant to Principle 6: 30 Refusal not permitted for any other reason Subject to sections 7, 31, and 32, no reasons other than 1 or more of the reasons set out in sections 27 to 29 justifies a refusal to disclose any information requested pursuant to principle 6. [66] The agen...

7. Reihana - Estate of Ngapipi Rewiti Panapa [2017] Chief Judge's MB 238 (2017 CJ 238) [pdf, 505 KB]

   ...share of the total shares that were for Whetumarama Hetaraka. That would leave the shares held by Thomas and Raymond Reihana unaffected by the family arrangement and the vesting order; (c) At 5 Auckland MB 333-335 dated 15 February 1974 only permitting the vesting of shares held by Atawhai Wilcox, Hariro Heta, Herbert Hetaraka, and Violet Whetumarama Te Kani; (d) At 31 Tauranga MB 168 dated 31 March 1971 upon succession to Kahirini Reweti or Kihirini Reweti by determining both...

8. Legal Aid Practice Standards [pdf, 487 KB]

   ...specific consent of the court to release the report has been obtained. Protecting the Commissioner’s interests 24. A lawyer must: 24.1 Take all reasonable steps to protect the interests of the Commissioner under a charge, including not doing or permitting anything that would or might effect the transfer of the property without the charge being satisfied (section 107(2)(a) and (b) Legal Services Act 2011) 24.2 Advise the Commissioner if he or she is aware that an aided person has, i...

9. Regulatory Impact Statement: Second phase of reforms to the Anti-Money Laundering and Countering Financing of Terrorism regime [pdf, 1.6 MB]

   ...information that can be shared and therefore the value of the sharing; agencies with a clear interest in AML (e.g. Inland Revenue) are excluded 169.2. some information can only be shared in one direction or requires a production order, rather than permitting proactive release 169.3. limiting the purpose to law enforcement purposes has constrained the flow of information and excludes, for instance, information that is relevant to supervision or other regulatory management, but not a crim...

10. [2017] NZEmpC 56 Nel v ASB Bank Ltd [pdf, 179 KB]

    ...Authority’s investigation, and are likely to be relevant in this Court. If ASB calls evidence about such post-termination events from persons who are not senior managers, it is not unreasonable for Mr Nel to have access to other documents which will permit him to do the same. [50] I am satisfied that the request for disclosure meets the test of relevance, as defined, since it relates to the disputed issue of reinstatement. [51] I do not regard the prospect of searching for suc...