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1. Tatere - Mangatainoka No 1BC No 2C Tamaki 2A2A Balance [2013] Māori Appellate Court MB 243 (2013 APPEAL 243) [pdf, 262 KB]

   ...satisfaction or where the interests of justice require it: Montego Motors Ltd v Horn.38 In the present appeal the Court appears to have taken no formal steps to avail itself of that discretion. Even if the Court were of its own motion inclined to permit amended pleadings or further evidence, such a process would require notice to the affected parties to enable submissions in response to the Court’s proposed action to be made before the receipt of any additional material could be c...

2. Practice Note 2023 [pdf, 301 KB]

   ...by the evidence lodged to that point in the proceeding and the reasons for that inadequacy; and viii. any reservation by any expert about a matter of substantive law or procedure on which they are uncertain (for example, the application of any permitted baseline). (c) The joint witness statement produced from an expert conference should be completed, signed and dated on the day of that conference or as soon as possible after that. (d) The Court may limit cross-examination of ex...

3. Proactive release - Sexual violence response [pdf, 7.7 MB]

   ...reliability as a witness. Complainants often cite cross-examination as the most stressful part of their criminal trial experience. 25. Currently, the prosecution must apply to the court and satisfy statutory criteria before any adult complainant is permitted to give evidence in an alternative way.3 It is not uncommon in sexual violence cases for complainants to give their evidence-in-chief by way of pre-recorded video of their original police interview. However, a Court of Appeal decision in 2...

4. Big Hill Station Ltd v Hemana - Awarua o Hinemanu Trust (2015) 43 Takitimu MB 218 (43 TKT 218 ) [pdf, 328 KB]

   ...275 (22 TKT 275) 28 Smith v The Proprietors of Mangaroa and Other Blocks Ltd (2015) 113 Waiariki MB 1 (113 WAR 1) 43 Takitimu MB 226 the parties has broken down to such an extent that BHS has restricted the limited access previously permitted to landowners. [29] In addition, Mr Macfarlane says that the present case can be distinguished from Smith v The Proprietors of Mangaroa and Other Blocks Ltd as these proceedings were difficult and hard fought and are the kind of ca...

5. [2017] NZEmpC 164 NZPSA v IRD [pdf, 519 KB]

   ...Act, but a similar conclusion must be reached here. It is a right which is potentially capable of enforcement. [140] As was the case under the former Act, whether direct dealings with an employee who authorises another party to represent them are permitted, is a question of fact; it is one which must be assessed in all the circumstances. [141] To take an obvious example, an employee suffering a temporary disability might appoint a representative for the purposes of a variation. If...

6. Taylor v Orcon Ltd [2015] NZHRRT 15 [pdf, 125 KB]

   ...http://www.legislation.govt.nz/act/public/1993/0028/latest/link.aspx?id=DLM297469� http://www.legislation.govt.nz/act/public/1993/0028/latest/link.aspx?id=DLM297473� 15 (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...

7. Nepia Ranapia - Evidence in Chief [pdf, 1.6 MB]

   ...significant realisation of what is appropriate when using the marine environment. d. Recommendations include that fishing and dredging or bottoin trawling activities around waahi tapu are prohibited. e. Within waahi taonga activities should be permitted in a restored environment that can support low impact fishing. A restriction on industrial scale methods such as that which uses hydraulic and electric equipment for extraction would be appropriate. 2 Decision [2016] NZEnvC 240....

8. Sell v Harris [pdf, 117 KB]

   ...in failing to detect the significant faults in relation to the ground levels and in relation to the construction of the deck walls and handrails and to a lesser extent the cladding. The deck walls and handrails were also departures from the permitted plans. The Council appears to have missed both the defects and the departures for the plans or failed to pay any attention to them. The ground levels and decks were significant causes of water ingress and accordingly the Council’...

9. Firearms-Prohibition-Orders-Legislation-Amendment-Bill_FINAL_Redacted.pdf [pdf, 1.6 MB]

   ...statement was not provided at the time of Cabinet’s policy decisions that support this Bill due to time constraints [100-23-MIN-0010 refers]. A supplementary analysis report has now been prepared by New Zealand Police and is attached. 34 As permitted by Cabinet’s decisions and Treasury guidance on regulatory impact analysis for policy proposals during the 100-Day period, this supplementary analysis has not undergone formal quality assurance due to time constraints. Internal rev...

10. Julian v Inia - Succession to Moehuarahi Te Ruuri (2024) 309 Waiariki MB 197 (309 WAR 197) [pdf, 459 KB]

    ...been described in the case of Coleman v Chalklen [2016] NZHC 3178 as follows: There are exceptions to the general exclusionary rule. The exception which is applicable in this case is known as the “armchair principle”. The armchair principle permits a court to ascertain all the facts known to the will-maker at the time he or she made the will. The Court of Appeal reiterated the limits on the discretion in Williams v Aucutt [2000] 2 NZLR 479, (2000) 19 FRNZ 260 (CA) when Blanchar...