Search Results

1. Protection order applications June 2021 [xlsx, 90 KB]

   ...issued by Police to protect people at risk from violence, harassment or intimidation. When a PSO is made the person bound by it must leave the address while the PSO is in force and abide by certain conditions. If the bound person does anything that is not permitted by the PSO, Police can take the person to court. A breach of a PSO is not a criminal offence. However, where a PSO has been breached, Police can request a temporary Protection Order be issued by the District Court. This occurs as lon...

2. OIA-109631.pdf [pdf, 3.4 MB]

   ...reports under section 27. These judge-directed section 27 reports were facilitated by the Ministry on behalf of the Courts. 20. An issue was identified with this practice as the section does not authorise the Court to order such a report. The section permits an offender to request the Court hear this information. 21. Subsequently, expenditure on these reports by the Ministry through the Courts appropriation fund was stopped and offenders increasingly requested the reports themselves. As a res...

3. RIS - Updating the provisions in the Electoral Act 1993 for managing polling disruptions [pdf, 773 KB]

   ...Parliament in place to examine any decisions that a Minister may make. Without this oversight, there is the risk and perception that power may be used inappropriately. It would also be inconsistent with the Commission’s independence; the Act does not permit Ministers to direct the Commission on how it performs its functions and duties. Option C: Electoral Commission responsible for adjournment with requirement to consult with the Prime Minister and the Leader of the Opposition...

4. Reti v Reti-Steel-Hemaima Reti [2023] Māori Appellate Court MB 274 (2023 APPEAL 274) [pdf, 363 KB]

   ...the length of the relationship between the whāngai and the adopting parents, whether there has been an ohaki, the customary values and practices of the iwi or the hapu associated with the land in question and whether those values and practices permit a whāngai with or without a blood relationship to their matua whāngai to take interests in land. In the end, however, it is a judgement call to be made by the judge after considering all the evidence and having regard to the Preamble...

5. Improving jury trial timeliness - Discussion document [pdf, 447 KB]

   ...alcohol) • Aggravated careless driving causing death or injury • Aggravated careless driving or transport driving causing death or injury (under the influence) • Damage local authority works or property Land Transport Act 1998 • Permit premises or motor vehicle use for drug offence or cannabis offence Misuse of Drugs Act 1975 MAXIMUM PENALTY OF FOUR YEARS’ IMPRISONMENT 23 OFFENCE LEGISLATION • Unlawfully carry or possess firearm, res...

6. Morison v New Zealand Association of Counsellors [2024] NZHRRT 46 [pdf, 362 KB]

   ...following remedies: (a) a declaration that the action of the defendant is an interference with the privacy of an individual: (b) an order restraining the defendant from continuing or repeating the interference, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the interference, or conduct of any similar kind specified in the order: (c) damages in accordance with section 88: (d) an order that the defendant perform any...

7. M v Accident Compensation Corporation (Treatment Injury) [2024] NZACC 88 [pdf, 366 KB]

   ...horrifying. [101] The Court finds the medical evidence from Dr Crim supported by the report of Dr Shaw and the review by Dr Faulkner, together with the evidence of M and the lay accounts filed in the appeal, provides strong evidential foundation to permit a robust inference to be drawn. The Court considers the available evidence enables it to find in Ambros terms, that M suffered a burn injury to his genitals caused by ECT administered at Lake Alice in 1975. 9 Accident Compensa...

8. Rapana v Anderson - Te Kōmiti Matua o te Haahi Rātana (2024) 492 Aotea MB 95 (492 AOT 95) [pdf, 335 KB]

   ...simply because we have not heard from the parties about the directions that would be most helpful. Instead, we offer suggestions as guidance. We remain open to converting our guidance to directions, should the parties agree and our jurisdiction permit. [84] We make the following suggestions: (a) A special Hui Whakapūmau is required. This can only be called by the Tumuaki. As noted, the Tumuaki is selected by the whānau of Tahupōtiki Wiremu Ratana and confirmed at Hui Whakap...

9. [2006] NZEmpC AC 57/06 Kumar v Icehouse (NZ) Ltd [pdf, 114 KB]

   ...serious misconduct. [60] As the Authority is not required to provide a transcript of the evidence it heard as part of its investigation, I am unable to gauge the effectiveness any evidence in chief or of any cross-examination that may have been permitted. I received a copy, by way of an exhibit, of the brief of evidence from Ms Warin before the Authority but, with that exception, I am unaware of what evidence was investigated. It may well be that a different case was presented...

10. [2011] NZEmpC 34 Martin v Northland Education Trust Inc [pdf, 219 KB]

    ...have to be extensive censorship. Although it is perhaps surprising, in retrospect, that the school chose to include a Shakespearean play within the NCEA choices that it had and, especially, to study King Lear among the five Shakespearean plays permitted by the NCEA curriculum in 2009, the fact is that it did so and approved not only the original text but the Longman’s interpretive notes as a teaching aid. [9] Ms Martin had such considerable professional difficulties with both the...