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1. Harawira v New Zealand Management Academies Limited & McAuley (Strike Out) [2024] NZHRRT 59 [pdf, 249 KB]

   ...proceeding may be an abuse of process either through a deliberate failure to comply with Tribunal directions4 or through abusive behaviour which it is not tenable to allow to continue having regard to the proper use of the Tribunal’s time and resources and in order to ensure respect for the Tribunal.5 A defendant is not required to show prejudice from the plaintiff’s actions where an abuse of process is engaged in these circumstances.6 [14] Where there have been repeated fail...

2. Wild v Ministry for Primary Industries (Strike Out) [2024] NZHRRT 69 [pdf, 252 KB]

   ...high threshold that must be crossed before an abuse of process may be found.11 [16] An abuse of process may also arise through abusive behaviour by a party which has become untenable, having regard to the proper use of the Tribunal’s time and resources and to ensure respect for the Tribunal.12 The right to access to justice requires that the Tribunal not lightly exercise its strike out powers in these circumstances.13 A defendant is not required to show prejudice from the plain...

3. 2013 archive

   ...and Upper Hutt based providers’ preferred Courts on the criminal case assignments lists to Palmerston North and Hutt Courts respectively. Back to top Protection of Personal and Property Rights Act 1988   Who is the legal aid applicant? Whose resources should be used? Who should sign the application? No existing PPPR Act orders or Enduring Power of Attorney (EPOA) Person of full age and mental capacity legal aid applicant Legal aid applicant Legal aid applicant Where there is an ex...

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4. The Judges

   ...for two law firms in Ōtautahi | Christchurch before joining a firm that eventually became Buddle Findlay, joining the partnership in 1991. He remained in that partnership from 1991 until December 2015. His specialist areas of practice were employment, resource management, civil litigation, and health and safety. Tōna Hōnore Kaiwhakawā K G Smith I kopoua a Kaiwhakawā Kerry Smith hei Kaiwhakawā o Te Kōti Take Mahi o Aotearoa i te tau 2016. I whakapōtaetia ia ki te tohu LLB i Te Whare Wān...

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5. Waitangi Tribunal theme K - Māori Land Councils and Māori Land Boards [pdf, 3.4 MB]

   ...definitive history of the Maori Land Councils and Boards, by any means. This would undoubtedly be a worthwhile exercise, but an examination of all the individual land councils and boards and their year-to-year operations would require far greater resources than I was able to bring to bear upon the problem. This project was originally scheduled for completion in February of 1995, but illness and other personal problems have led to repeated delays. I would like to thank everyone concerned...

6. Guide to Practice & Procedure 2023 (Te reo Māori) [pdf, 945 KB]

   TUHINGA ĀRAHI I NGĀ TIKANGA ME NGĀ TUKANGA O TE RŌPŪ WHAKAMANA I TE TIRITI O WAITANGI Paeng a-wh āwh ā 202 4 He Tuhinga Ārahi Whānui tēnei i tukuna rā i raro i te mana o Wāhanga 5(9) me (10) o te Treaty of Waitangi Act 1975 E whakakapi ana tēnei Tuhinga Ārahi i ngā tuhinga ārahi e whai ake nei : . ‘Mediation’, 18 Mahuru 1990 . ‘Translations’, 29 Pipiri 1991 . ‘Claim Terminology’, 1 Hōngongoi 1991 . ‘Claim Priorities’, 18 Hōngongoi 1991 .

7. ENVC Matiatia transcript 20150727 [pdf, 1.9 MB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND ENV-2013-AKL-000174 IN THE MATTER OF A Notice of Motion under s87G requesting the granting of resource consents to Waiheke Marinas Ltd to establish a Marina @ Matiatia Bay Waiheke Island in the Hauraki Gulf. BETWEEN WAIHEKE MARINAS LTD Applicant AND AUCKLAND COUNCIL DIRECTION MATIATIA INCORPORATED NGATI PAOA IWI TRUST AUCKLAND TRANSPORT THOMAS GREVE AND KRISTIN LEWIS Other s274 Parties Hear...

8. ENVC Hearing 6Oct14 AC evidence chief John Cawley replaced [pdf, 2.4 MB]

   31547615:629148 BEFORE THE ENVIRONMENT COURT IN THE MATTER of the Resource Management Act 1991 ("RMA") AND IN THE MATTER of a Notice of Motion under section 87G of the Act requesting the granting of resource consents to Waiheke Marinas Limited to establish a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf (ENV-2013-AKL-000174) STATEMENT OF EVIDENCE OF JOHN KEITH CHARLES CAWLEY (ACOUSTICS) ON BEHALF OF AUCKLAND COUNCIL...

9. Heads v Attorney-General [2015] NZHRRT 12 [pdf, 703 KB]

   ...Heads has advanced his case. Nevertheless, a substantial part of the case for the Crown was that the accident compensation scheme must be seen in the context of the general system of state funded assistance and the Government is entitled to allocate resources on the basis of what was said to be the “one pension principle”. [43] As articulated by Ms Jocelyn M Burton, Acting Manager, Accident Compensation Scheme Policy, Labour Environment Branch in the Ministry of Business, Innovation...

10. [2021] NZEmpC 69 Head v IRD [pdf, 679 KB]

    ...189. g) other matters; and h) conclusions. [8] For the reasons outlined, the application for declarations by the plaintiffs are dismissed. The background facts [9] For at least the last 12 years, IR has utilised agency-employed resources, which it refers to as “contingent labour” – that is, persons engaged on a temporary basis. Such workers are used to manage workflow and customer demand peaks through IR’s annual tax cycles, and to support limited term chan...