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1. Fruean v Knuckey - Waitara West 52D (2023) 475 Aotea MB 284 (475 AOT 284) [pdf, 371 KB]

   ...agenda to give trustees clear notice of matters to be discussed. Draft minutes are sent out by email and approved at subsequent meetings. As the Trust is a discrete, low risk asset with no income they have operated on the basis that they do not have resources or the need to prepare and 475 Aotea MB 296 circulate reports. While they have been attempting to get to a position with bi-monthly meetings, quorum and intervening events did not always allow for that. [44] With rega...

2. OIA-120623.pdf [pdf, 6 MB]

   ...worse). Wider barriers are:  the lack of professionalisa on, and adequate training and standards in the security industry;  the impact of health and safety laws on retailers’ willingness to intervene; and  the limits on Police’s opera onal resources, including Police capacity to respond to lower-level offending. Generally, amendments that enable greater levels of bystander interven on involve a trade-off risking:  an escala on of violence, increasing risks to customers...

3. [2025] NZEmpC 28 IDEA Services Ltd v Wills [pdf, 328 KB]

   ...these were not actions that a fair and reasonable employer could have taken in all the circumstances. The defects were not minor, and they resulted in Ms Wills being treated unfairly. 33 See above n 31. [93] IDEA is a large well-resourced organisation with specialist human resources services. It was being assisted in the process and in its preparation of correspondence. It needed to do better than it did with Ms Wills. Therefore, I do not consider that its failure...

4. AML/CFT Bill Background Information Document July 2009 [pdf, 122 KB]

   ...identified in typology studies undertaken by the New Zealand Police Financial Intelligence Unit (FIU) or international AML/CFT bodies. If the parameters are set too wide, the volume of alerts or reports generated will be significant and impact on resources allocated for examining and investigating. On the other hand, if parameters or criteria are set too low, there is the risk of failing to detect suspicious transactions. Examining unusual or potentially suspicious matters 56. On...

5. 2024] NZEmpC 195 Smalley v Hamilton Hindin Greene Ltd [pdf, 297 KB]

   ...[22] In the course of the case management conference (according to a subsequent memorandum filed by Mr Mackenzie on 19 September 2023) the Authority made it clear that both parties were overestimating the Authority’s jurisdiction, powers and resources to deal with ongoing disclosure arguments. According to counsel’s memorandum, the Authority had made it clear it would leave HHG to make relevant disclosure, and expected it to do so, and would otherwise wait until the investigation...

6. [2025] NZEmpC 207 Lyttelton Port Company Limited v Maritime Union of New [pdf, 336 KB]

   ...members of the union. Analysis [68] The principles for interpreting contracts, including the extent to which pre- contractual negotiations and evidence of post-contractual conduct can be admitted, was restated by the Supreme Court in Bathurst Resources Ltd v L & M Coal Holdings Ltd.29 In Bathurst, the Court reaffirmed the general approach to contractual interpretation in Firm PI 1 Ltd:30 [60] … the proper approach is an objective one, the aim being to ascertain “the...

7. Elizabeth (Lizzy) Marie Marvin (CSU-2024-CCH-000298) [pdf, 364 KB]

   ...that the cause of Lizzy’s death was inhalation of smoke and fumes due to a house fire. Firefighting response [48] The initial fire units that responded to the emergency had been despatched from Rolleston and Dunsandel. Further firefighting resources responded from Wigram, Ilam, and Christchurch (an aerial ladder appliance). [49] Fire and Emergency New Zealand (FENZ) stated that the 11 minutes it took for the first engine to arrive met the FENZ target response time (11 minutes f...

8. AMLCFT Statutory Review Consultation Document [pdf, 1.2 MB]

   ...terrorism financing at the national, sectoral, and business level, and regulation should be focused on mitigating any risks identified. A risk-based approach should also ensure that an AML/CFT regime is flexible and adapts to changes in risks, and that resources are allocated efficiently and in proportion to levels of risk. Understanding our risks We have assessed our risks in various ways: international bodies, such as the FATF, publish reports on global or regional risks; the FIU has...

9. Waitangi Tribunal - Part 2 The alienation of Māori land in Rohe Potae [pdf, 5.9 MB]

   ...example, to the north of the Waikato confiscation boundary. This report is concerned with land alienations and there are, of course, other Treaty issues that are therefore not addressed in it. These include, for example, fishing rights and other resources such as forestry, minerals and waterways. Such mattters await further research. The following chapters contain an outline of how Rohe Potae Maori came to view the Rohe Potae compact. and how this continued to be influential into the...

10. AML/CFT Statutory Review - summary of submissions [pdf, 1.2 MB]

    ...integrate into practice and for many lawyers the burden has been disproportionate both in terms of risk and cost. 7. Several submitters criticised the amount and nature of support provided by regulators and the FIU, and that regulators need more resources to properly engage and develop effective and appropriate guidance (see further Agency supervision model).8 BitPrime noted that traditional law-making processes and conventional approaches by regulators have failed to keep up with new t...