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1. BORA Misuse of Drugs Amendment Bill [pdf, 124 KB]

   ...other amendments to the Act and the Land Transport Act 1998 that we have concluded appear to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. INCONSISTENCY WITH S 25(C) OF THE BILL OF RIGHTS ACT 2 8. Section 25(c) of the Bill of Rights Act affirms the right of everyone charged with an offence to be presumed innocent until proved guilty according to law. The right to be presumed innocent requires the Crown to prove an accused person’s guil...

2. [2021] NZREADT 20 - Sheldon (5 May 2021) [pdf, 233 KB]

   ...imposed for similar conduct, in similar circumstances. The Tribunal should impose the least punitive penalty that is appropriate in the circumstances. While there is an element of punishment, rehabilitation is an important consideration.4 [9] Section 110(4) of the Act provides that if after hearing a charge against a licensee the Tribunal is satisfied that the licensee has engaged in unsatisfactory conduct, the Tribunal may make any of the orders that a Complaints Assessment Commi...

3. Complaints Assessment Committee 404 v Hawkins [2017] NZREADT 35 [pdf, 193 KB]

   ...imposed for similar conduct, in similar circumstances. The Tribunal should impose the least punitive penalty that is appropriate in the circumstances. While there is an element of punishment, rehabilitation is an important consideration.10 [14] Section 110(2) of the Act sets out the orders the Tribunal may make by way of penalty. As may be relevant to the present case the Tribunal may: [a] Make any of the orders that a Complaints Assessment Committee may impose under s 93 of t...

4. [2024] NZEmpC 133 Gumbeze v The Chief Executive of Oranga Tamariki – Ministry for Children [pdf, 422 KB]

   BIGSON GUMBEZE v THE CHIEF EXECUTIVE OF ORANGA TAMARIKI – MINISTRY FOR CHILDREN [2024] NZEmpC 133 [24 July 2024] ORDER PROHIBITING PUBLICATION NAMES OR IDENTIFYING PARTICULARS OF NAMES AND IDENTIFYING DETAILS AS AT [10] OF THIS JUDGMENT IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2024] NZEmpC 133 EMPC 256/2022 EMPC 425/2022 IN THE MATTER OF challenges to two determinations of the Employmen

5. [2022] NZEmpC 233 Baillie v The Chief Executive of Oranga Tamariki – Ministry for Children [pdf, 280 KB]

   ...wages should be made payable. Under s 123(1)(b) of the Act the Court may order reimbursement of a sum equal to the whole or any part of the wages or other money lost by the employee as a result of the grievance. Where reimbursement is ordered, s 128(2) provides for an order to be the lesser of a sum equal to the lost remuneration or three months ordinary time remuneration, but with discretion to award a greater amount. [94] Oranga Tamariki’s case was that the most Mr Ba...

6. Supplementary Government Response to Law Commissions report [pdf, 479 KB]

   ...139-143 Deferred APPENDIX TWO: LESS SUBSTANTIVE RECOMMENDATIONS 4 Part A: Recommendations to be implemented Law Commission recommendations # Recommendation Discussion and impacts 3 The Privacy Act should have a purpose section, with specific clauses as drafted by the Law Commission Agree the new Act should have a new purpose section. Final wording (agreed during drafting) will build upon the Law Commission’s suggestions and focus on balancing privacy i...

7. [2019] NZEnvC 189 508 Chapel Road Partnership Trust v Auckland Council [pdf, 2.2 MB]

   ...the court: J 11..smHh ; E1vironment \ Annexure A 508 Chapel Road Partnership Trust's Application for: 508 Chapel Road Childcare Centre (Land Use Consent and Final Conditions) Land Use consent A. Consent Land use consent under section 9(3) of the Resource Management Act 1991 (the Act) is granted to 508 Chapel Road Partnership Trust: (a) To establish and operate a child care centre for up to 60 children attending at any time during the hours of operation, being 10 un...

8. [2019] NZEmpC 143 Sfizio Ltd v Freeborn [pdf, 420 KB]

   ...10 Employment Relations Act 2000, s 179(2). 11 Employment Relations Act 2000, s 221. For example, Stormont v Peddle Thorp Aitken Ltd [2017] NZEmpC 12, [2017] ERNZ 51; Vasona Networks Inc v Sunder [2016] NZEmpC 128. [26] The threshold for joinder under s 221 is similar to the threshold under HCR 4.4. [27] I am satisfied that the issue of identity of parties does meet the thresholds of either s 221 or HCR 4.4(1)(c). The intended third parties

9. Environment Court annual report 2006 [pdf, 219 KB]

   Report of the REGISTRAR OF THE ENVIRONMENT COURT For the 12 months ended 30 June 2006 Presented to the House of Representatives pursuant to section 264(1) of the Resource Management Act 1991 E. 49 4.5. Court Expenditure and Revenue Expenditure and revenue of the Court during the 2005/06 financial year and in the previous year was: E.4911E. 49 2 CONTENTS Page INTRODUCTION 3 1. PROFILE OF THE ENVIRONMENT COURT 4 1.1 Judges and Commissioners 4 1.2 Senior Administrative Staf...

10. [2019] NZEmpC 24 Blue Water Hotel Ltd v VBS [pdf, 370 KB]

    ...being extended under ss 219(1) or 221, which contain broad powers for extending time.1 1 Blue Water Hotel Ltd v VBS [2018] NZEmpC 128. [2] The Court determined that the powers of the latter sections could not be used to extend the three-year time limitation provision under s 114(6) of the Act. Costs were reserved. [3] Now, the plaintiff seeks costs both in respect of its successful challenge, and in respect of the hearin...