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1. Paraire v Paraire – Part Mangatawa 10 (2015) 105 Waikato Maniapoto MB 67 (105 WMN 67) [pdf, 213 KB]

   ...that could reasonably [be] held by both the Trustee owners of the property and Mr Paraire was that he held a long term right to reside in the shed. Otherwise it would have been totally unreasonable to expect Mr Paraire, a man of limited financial resources, to expend such a large amount of money on improving the shed. The law [63] In the case of Gillies v Keogh, the Court of Appeal referred to what are known as the five probanda required to be shown by a party seeking to rely upon...

2. [2013] NZEmpC 133 2013 Dolev v Netafim Australia Pty Ltd [pdf, 186 KB]

   ...employment agreement. However, none of the emails contained any bilateral confirmation that long service leave would discontinue for future service with Netafim from that point. Mr Schneider has misunderstood Mr Dolev’s comment to the Human Resources Manager in the email dated 10 February 2006. [49] Both counsel in their submission referred to the principles applying to contractual interpretation. They referred to Vector Gas Ltd v Bay of Plenty Energy Ltd, 3 and a considerati...

3. Restorative Justice: Best practice in New Zealand 2004 - 2017 [pdf, 428 KB]

   ...demonstrates the collaborative working relationship between the government and community that is vital for the continued development of restorative justice in New Zealand. The reprinting of this publication will enable it to continue to be a valuable resource for all those working with, or participating in, restorative justice processes. 6 What is Restorative Justice? Restorative justice is both a way of thinking about crime and a process for responding to crime.1 It...

4. [2013] NZEmpC 207 Nee Nee v C3 Ltd [pdf, 139 KB]

   ...fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. (3) In applying the test in subsection (2), the Authority or the court must consider— (a) whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and (b) whether the employer raised the concerns that the employer...

5. SV v WT LCRO 21/2013 (26 August 2014) [pdf, 110 KB]

   ...invoice is conduct that falls towards the lower end of the range of professional irresponsibility. [77] In the interests of efficiency, this is a matter which can be dealt with on review, without unnecessarily expending the Standards Committee’s resources by a referral back under s 209 of the LCA. [78] I have therefore decided not to refer the complaint back to the Committee for it to reconsider, and have completed this review on the basis that Mr WT’s conduct may constitute...

6. DA v EB LCRO 7/2013 (26 August 2014) [pdf, 125 KB]

   ...reasonable to infer that the Committee would have reached the same conclusion, based on the same logic, if it had turned its mind to s 111. [86] Referring the s 111 aspect of the complaint back to the Committee would not be an efficient use of its resources. The emphasis on responsiveness of the regulatory regime52 [87] In all the circumstances it is appropriate to determine the s 111 aspect of the complaint on review, to avoid the delay that would be associated in referring back...

7. Youth Court - Playing to win: youth offenders out of court (and sometimes in) [pdf, 241 KB]

   ...are formulated. There are consequently no limitations on the imagination and ideas of the group and this is, in many ways, the strength of the system. The plan designed by the offender, victim and community, is likely to be realistic and reflect the resources and support available to those parties.29 For 95 percent of cases, FGC-recommended outcomes involve accountability measures of some kind.30 Plans commonly include an apology and/or reparation to the victim, community service requirem...

8. Youth Court - 10 suggested characteristics of a good youth justice system [pdf, 188 KB]

   ...the Youth Aid Officer that may include an apology, reparation and/or community work. There is scope for the plan to be as creative and imaginative as the minds of the police that devise it. Usually components of the plan will draw heavily on local resources. Even if the Police wish to charge a young person, but cannot do so (because the young person has not been arrested) the Police must ask the Government’s Child, Youth and Family Service to conduct an “Intention to Charge” Fa...

9. LCRO 124-2014 SM v TK [pdf, 236 KB]

   ...she was entitled to retain the passport. She considered that the law was on her side. The Police are commonly reluctant to become embroiled in civil disputes, and I think it unlikely that they would have been prepared to deploy their stretched resources to advancing a charge which would have required the Court to consider whether a lawyer, in these circumstances, had a reasonable belief that she was entitled to hold onto a passport. 13 [68] But the Police’s decision to take...

10. LCRO 109/2015 RKX v SDC [pdf, 386 KB]

    ...(in total for both trusts) while they hold office”. If “… a Trustee will not accept appointment for that remuneration then [the appointor] shall be obliged to either subsidise the fee down to the level of $15,000 (plus GST) from their own resources …”.5 (d) To pay the legal fees of the lawyers who acted for the parties in the dispute, the trustees were to “pay [KB & Co] $150,000 plus GST in respect of legal fees” incurred by Mr SDC, and his children, Mr PGC and...