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1. Committee on the Elimination of All Forms of Racial Discrimination – concluding observations 15th-17th reports [pdf, 41 KB]

   ...with the Crown (arts. 2, 5 and 6). The Committee recommends that the State party consider granting the Waitangi Tribunal legally binding powers to adjudicate Treaty matters. The State party should also provide the Tribunal with increased financial resources. 19. The Committee notes the information provided by the State party on the follow-up given to its decision 1 (66) in relation to the Foreshore and Seabed Act 2004. It remains concerned at the discrepancy between the assessment made...

2. [2013] NZEmpC 108 Milne v Air New Zealand Ltd [pdf, 156 KB]

   ...accept, based on the material filed by the plaintiff, that if an order for security for costs is made it will present additional difficulties for her in pursuing her claim against the defendant. I also accept that the defendant, with significant resources available to it, is in a position of some strength. However, the plaintiff’s interest in pursuing her claim must be balanced against other factors, including the defendant’s interest in not being drawn into unnecessarily comp...

3. [2014] NZEmpC 214 The Selwyn Foundation v Nayathodan [pdf, 83 KB]

   ...challenge to the Authority’s substantive determination. It says that it is required to lodge its challenge within 28 days after the Authority’s determination was issued, pursuant to s 179(2). [8] Further, the plaintiff says that the time and resources of both parties, their witnesses, and the Authority may be wasted if the Authority proceeds to hear the merits of the defendant’s grievance and determines these, in the event that the Authority’s preliminary determination was...

4. Fehling v NZ Post (Referral back to Human Rights Commission) [2013] NZHRRT 1 [pdf, 52 KB]

   ...to the Commission will not contribute constructively to resolving the complaint. [14] As to s 92(1)(b)(ii), proceedings before the Tribunal are plainly intended to be a last resort. Mediation is more efficient, informal and cost-effective. The resources of the Tribunal should not be drawn on unless it can be shown that attempts to resolve the complaint through mediation will be futile. It is to be remembered that the Tribunal sits as a panel of three. Care must be taken to avoid unne...

5. Role of education and training in reducing reoffending: a summary [pdf, 1.2 MB]

   ...be assessed, and b) a backlog of current offenders yet to be assessed. Evidence suggests that these offenders are less likely to engage with programmes over their sentence, and have a higher risk of reoffending. Therefore it is important to focus resources on collecting information on this population to identify their needs and motivate them to engage with rehabilitation activity. PROGRAMME SCHEDULING Prison presents a range of difficulties for provision of consistent and engaging ed...

6. Q v I LCRO 41 / 2009 (2 June 2009) [pdf, 22 KB]

   ...light of the fact that the debt was disputed (or at least that he ought not have done so without warning). [5] Lawyer I accepts that he acted for Complainat Q “from at least November 2005 to May 2006”. It appears that this was in respect of resource consent matters. It also appears he undertook a small amount of conveyancing work for the company. At the hearing he did not seek to minimise the extent of those retainers. He also observed that when Complainant Q objected to him...

7. Rameka v Hall - Opepe Farm Trust [2012] Māori Appellate Court MB 167 (2012 APPEAL 167) [pdf, 134 KB]

   ...Appellate Court MB 173 [14] It appears to us that the whole course of this litigation, including the appeal to this Court, is part of a wider canvas of issues the Trust has been grappling with involving iwi influence over trustees, and use of trust resources to benefit a wider pool than the beneficial owners. In our view these considerations undoubtedly influenced the appellants’ decision to appeal, and the manner in which the appeal was pursued. [15] The respondent was almo...

8. BORA Corrections Bill [pdf, 107 KB]

   ...7. We also considered clause 69(3) of the Bill. Clause 69(3) provides that prisoners held in police jails may be denied 1 or more of the minimum entitlements provided for under clause 69 of the Bill having regard to the facilities available and resources at the police jail. A person sentenced to imprisonment can only be detained in a prison jail for a specified period of time (clauses 34(5)) or purpose (clause 64). We consider that clause 69(3) can be read consistently with sections 9 a...

9. BORA Christ Church Cathedral Reinstatement Bill [pdf, 216 KB]

   ...extend any provision of certain enactments (and any plan, programme, bylaw or rule made under the enactments) to facilitate the reinstatement of the Christ Church Cathedral (‘the Cathedral’). The enactments specified in the draft Bill are: a. the Resource Management Act 1991, and b. the Heritage New Zealand Pouhere Taonga Act 2014. 5. The Bill appears to impose a limitation on the right to apply for judicial review affirmed in s 27(2) of the Bill of Rights Act. Specifically, cl 22...

10. Regulatory Impact Statement: Identifying offenders attempting to unlawfully leave New Zealand [pdf, 109 KB]

    ...2 The Corrections Act 2004 already provides the authority at issue in this paper to obtain biometric information and was used in the case of prisoner Phillip John Smith/Traynor. 3 This means the regulatory options would have little or no direct resource implications for border control agencies. Executive summary 1. Offenders under the supervision of a probation officer in the community are expected to remain in New Zealand for the purpose of complying with any directions of...