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  1. Rec-Recap-2023-Q4-FINAL.pdf [pdf, 873 KB]

    Recommendations Recap A summary of coronial recommendations and comments made between 1 October and 31 December 2023 Office of the Chief Coroner | 2023 (4) i Coroners’ recommendations and comments Coroners perform essential functions within our society. They inquire into a range of unexpected deaths to establish the identity of the person who has died and the cause and circumstances of their death. While inquiring into a d

  2. Wai-3300-A001-Report-Three-Research-Reports-Concerning-Constitutional-Issues.pdf [pdf, 2.7 MB]

    Report Three: Research Reports Concerning Constitutional Issues Review of existing research in relation to constitutional matters for the start-up phase of the Waitangi Tribunal’s Constitutional Kaupapa Inquiry (Wai 3300) 14 December 2023 Prepared by the Research Services Team Waitangi Tribunal Unit Wai 3300, #A1 teofilh Official Stamp teofilh Received teofilh Text Box 14 Dec 23 1 1 Introduction On 22 December 2022, Chief Judge W W Isaac commenced the Cons

  3. Tsai Mao TRI 2016-100-00010 [2018] NZWHT AUCKLAND 01 [pdf, 491 KB]

    ...[11] The Council issued building consent to Mr Barrott to build the home, the subject of this claim, on land which his family owned at 8 McCarthy Grove, Upper Hutt on 20 November 2000. The building consent issued under the Building Act 1991 and permitted Mr Barrott to undertake building work in accordance with the attached plans and specifications so as to comply with the provisions of the Building Code.1 [12] Mr Barrott contracted with a building company T.I. McRoberts Building...

  4. NZCASS Technical manual [pdf, 5.3 MB]

    ...advisor from the ministry attended both training days. Assessment In preparation for fieldwork, all interviewers were assessed by the CBG managers to confirm that they were ready to begin interviewing as part of the NZCASS. Interviewers were not permitted to begin interviewing as part of the NZCASS until they had completed all the required training, undertaken the required practice interviews and passed the assessments. Fieldwork resources Interviewer resources NZCASS interviewers...

  5. David Bain interim report of Hon Robert Fisher QC on compensation claim [pdf, 1.1 MB]

    ...onus" (usually referred to as "evidential burden") is used to refer to the obligation to adduce, or point to, sufficient evidence to make an issue a live one in the proceedings.'o In a criminal case, for example, a Judge will not permit self-defence to be left to the jury as a possible defence unless there is evidence before the Court to make self-defence a realistic possibility. But that has nothing to do with applications for compensation of the present kind. 62. As...

  6. [2022] NZEmpC 145 Pilgrim v Attorney-General [pdf, 940 KB]

    ...nature and gave every appearance of having been included to embarrass or prejudice the second defendants. If that was the intent, it would be an abuse of process. If that was not the intent, the Court should not in equity and good conscience permit material that was scandalous and irrelevant, or alternatively any relevance would be far outweighed by its prejudicial effect. [41] Mr Skelton submitted that the case has generated significant media interest. He said it was highly li...

  7. [2016] NZEmpC 175 Wikaira v The Chief Executive of Department of Corrections [pdf, 767 KB]

    ...in Walop: 25 … Rather, the onus is on the defaulting party to satisfy the Court that damages should be reduced because a plaintiff has failed to take reasonable steps to mitigate loss consequent on a defendant’s wrong and should not be permitted damages in respect of any part of the loss due to the plaintiff’s neglect to take such steps. [227] This is said to have followed the longstanding position at common law, illustrated, for example, by the judgment of the House of Lo...

  8. Protection order applications June 2017 [xlsx, 196 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...

  9. [2023] NZEnvC 141 Nature Preservation Trustee Limited v Queenstown Lakes District Council [pdf, 30 MB]

    ...a minimum of 10 working days prior to the removal of the Douglas Fir trees within the Council reserve commencing. This is to ensure the Parks Department are aware of these works occurring. Advice Note: The consent holder is advised a reserve permit may be required for these works. 16. All costs associated with the removal of the Douglas Fir trees shall be borne by the consent holder. Works on the reserve 17. The consent holder must not undertake any occupation of the QLDC D...

  10. [2018] NZEmpC 60 FGH v RST [pdf, 720 KB]

    ...response, speaking loudly and aggressively. She emphasised that she thought the process was at an end so that she could now recommence approval work. She became very distressed. She stated she had improved her performance; she should now be permitted to transfer to another team. Ms Julian again stated that they were trying to “break habits” which needed the intensive feedback which had been provided. Ms H then calmed down and apologised for overreacting. Amongst other thin...