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1. Romford v Marlborough LCRO 123 / 2009 (15 December 2009) [pdf, 95 KB]

   ...having heard from the parties and on the basis of the relevant documents. [10] At the review hearing Mr Romford introduced further evidence which he purported showed that Mr Marlborough was lacking in credibility. He introduced extracts from statements of police officers. Those statements appear to have been made to the Independent Police Complaints Authority (IPCO) in response to complaints by Mr Romford about police conduct in opposing his bail application. I observe that I am...

2. Strengthening the Criminal Justice System for Victims: Workshop playback report [pdf, 1.6 MB]

   ...violence courts with comprehensively trained staff and adequate resources. Children to live in a safe and secure environment with the non-violent parent. Homicide Equal victims’ rights for all victims. Allow victims to update their victim impact statements as needed. Navigator and consultation with victims. Sexual Violence Increased specialist sexual violence services and navigation. Eradicate the impact of rape myths in sexual violence trials. More options for treatment, restora...

3. [2013] NZEmpC 18 Pathways Health Ltd v Moxon [pdf, 112 KB]

   ...it says was the defendant’s unreasonable rejection of a Calderbank offer made prior to the Authority’s investigation meeting. The plaintiff seeks an award of costs in its favour of $9,000. Scope of the cross challenge [7] Included in the statement of defence was a cross challenge. As originally framed, this included an attempt to reopen the defendant’s claim for reimbursement of pre-litigation costs. In a directions conference, I drew to Ms Buckett’s attention that this...

4. Regulatory Impact Statement: Order of Inquiries to determine fitness to stand trial under the Criminal Procedure (Mentally Impaired Persons) Act 2003 [pdf, 600 KB]

   Regulatory Impact Statement – Order of inquiries to determine fitness to stand trial under the Criminal Procedure (Mentally Impaired Persons) Act 2003 Agency Disclosure Statement This Regulatory Impact Statement (RIS) has been prepared by the Ministry of Justice (the Ministry). It provides an analysis of options to improve the procedure for assessing a defendant’s fitness to stand trial under the Criminal Procedure (Mentally Impaired Persons) Act 2003 (the act). The analysis...

5. Young-Adult-List-Operating-Guidelines2.pdf [pdf, 5.8 MB]

   ...then remanded to the next appropriate Young Adult List. Dealing with jointly charged co-accused matters Where charges are jointly filed and one defendant is aged 18-25 and the other is over 25, both are pleading not guilty, and the prosecution and defence counsel agree, the default position should be the co-accused are heard together in the Young Adult List (unless severance is directed by the Judge). The processes and approaches applied in the Young Adult List will not disadvantage...

6. Young-Adult-List-Operating-Guidelines.pdf [pdf, 5.8 MB]

   ...then remanded to the next appropriate Young Adult List. Dealing with jointly charged co-accused matters Where charges are jointly filed and one defendant is aged 18-25 and the other is over 25, both are pleading not guilty, and the prosecution and defence counsel agree, the default position should be the co-accused are heard together in the Young Adult List (unless severance is directed by the Judge). The processes and approaches applied in the Young Adult List will not disadvantage...

7. [2012] NZEmpC 13 Maritime Union of NZ v C3 Ltd [pdf, 70 KB]

   ...rates for a partner, senior associate, solicitor and law clerk in both 2009 and 2010 were provided. Counsel for the defendant advised that, in addition to the usual steps taken in respect of any challenge, including the filing of the statement of defence and preparing submissions and evidence, this case required extensive research as to the way in which jurisdictions overseas dealt with the issue of the lifting of the “corporate veil”. [9] The memorandum also addressed counsel...

8. [2011] NZEmpC 41 ABC Developmental Learning Centres v Plasmeyer [pdf, 54 KB]

   ...Act. [4] The plaintiff says that the defendant’s conduct caused the plaintiff to incur unnecessary cost so that, pursuant to s 40(3)(a), this exceptional circumstance warrants an award against her. In particular, the plaintiff says that in her statement of defence, the defendant pleaded unmeritorious positions which were unsupported by evidence including that she was compelled to leave work with the plaintiff in Morrinsville because of the working conditions there. [5] Next, th...

9. [2009] NZEmpC AC 12/09 Service and Food Workers Union Inc & Anor v Spotless Services (NZ) Ltd [pdf, 32 KB]

   ...against Spotless in ARC 39/07. These were the original claims to prohibit by injunction the purported lockouts of union members in mid-2007. There are now fresh and refined pleadings that identify the issues except to the extent that Spotless’s statement of defence to the amended statement of claim dated 11 March 2009 failed to plead, or at least plead sufficiently, its affirmative defence that the lockouts were justified statutorily by reason of hospital patient health. As I n...

10. Environmental Defence Society Incorporated 167 [pdf, 493 KB]

    ...2010 (LGATPA) and the Resource Management Act 1991 (RMA) AND IN THE MATTER of an appeal under s156(1) LGATPA BETWEEN STRATEGIC PROPERTY ADVOCACY NETWORK Appellant AND AUCKLAND COUNCIL Respondent NOTICE OF ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED’S WISH TO BECOME A PARTY TO PROCEEDINGS PURSANT TO SECTION 274 RESOURCE MANAGEMENT ACT 1991 21 NOVEMBER 2017 PO Box 91736 Victoria St West AUCKLAND 1142 madeleine@eds.org.nz mailto:mad...