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1. Toilolo v Letalu [2014] NZIACDT 52 (15 April 2014) [pdf, 129 KB]

   ...do so. I am satisfied the complaint must be upheld. [10] I have considered the adviser’s original reply that raised issues relating to his health. He did not provide particulars or supporting evidence. There is no basis to find it amounted to a defence to the allegations against him. He had a further opportunity of putting forward a defence based on health issues when he received the Statement of Complaint, and did not do so. Negligence (section 44(2)(a)) [11] The adviser had instru...

2. [2024] NZEmpC 225 Al-Bustanji v Corrections Assoc of New Zealand Inc [pdf, 205 KB]

   ...involves an application for judicial review brought against the respondent, the Corrections Association of New Zealand Inc (CANZ), by the applicants, Aladdin Al-Bustanji and Glen Jenner. A related counterclaim was filed by CANZ in its statement of defence, but that was struck out on the basis that the Court did not have jurisdiction to consider it.1 [3] CANZ sought documents from the applicants on 1 August 2024. On 2 August 2024, Mr Little, on behalf of the applicants, obj...

3. [2011] NZEmpC 112 Pivott and Anor v Southland Adult Learning Programme [pdf, 55 KB]

   ...I do not agree. [6] The only submission made by Mr O’Sullivan which assists the plaintiffs’ position is that the judgment was largely based on grounds that did not occur to, or at least were not argued by, the defendants in their successful defence of the challenge. In effect, Mr O’Sullivan’s submission is that the defendants succeeded in spite of, rather than because of, their defences raised. 2 Binnie v Pacific Health Lt...

4. Explanatory Information Compensation for Wrongful Conviction and Imprisonment-19 Aug 2020 [pdf, 151 KB]

   ...application, including any supporting documents and submissions, to the Minister of Justice at the following address: Minister of Justice Parliament Buildings Wellington 6160 If your application concerns a military conviction, the Minister of Defence will oversee its assessment, in consultation with the Minister of Justice. In this case, send your application for compensation to the Minister of Defence at: Minister of Defence Parliament Buildings Wellington 6160 C...

5. 2023-Explanatory-Information-Compensation-for-Wrongful-Conviction-and-Detention.pdf [pdf, 58 KB]

   ...submissions, to the Minister of Justice at the following address: Minister of Justice Parliament Buildings Wellington 6160 If your application concerns a military conviction, you should send your application for compensation to the Minister of Defence at: Minister of Defence Parliament Buildings Wellington 6160 Can I get legal aid? If a lawyer is helping with your application, you may be able to apply for legal aid. You can find out more about legal aid at: https://...

6. Christie Alexis Lesley MARCEAU (CSU-2011-AUK-001471) [pdf, 12 MB]

   THIS FINDING IS SUBJECT TO PROHIBITIONS AND RESTRICTIONS ON PUBLICATION UNDER S74 OF THE CORONERS ACT 2006 IN THE CORONER'S COURT AT AUCKLAND CSU-2011-AUK-001471 Hearing: Appearances: UNDER THE CORONERS ACT 2006 AND IN THE MATTER OF An inquest into the death of CHRISTIE ALEXIS LESLEY MARCEAU 12-22 June 2017 and 7 July 2017 N Pender and P McMillan for Mr and Mrs Marceau H Janes and S Wiseman as counsel assisting Coroner J Miles QC and A Todd for Solicitor-Genera

7. [2007] NZEmpC AC 29/07 646 Victoria (Hamilton) Ltd v Phillips [pdf, 21 KB]

   ...the sum of $5,000 by way of compensation. Costs were reserved but in a subsequent determination of the Authority, Ms Phillips received a costs award of $1,500. [3] In response to the challenge by the plaintiff, Ms Phillips filed a statement of defence and counter claim by way of cross-challenge. The counter claim effectively sought the same remedies as had been awarded by the Authority. A statement of defence was filed by the plaintiff to the cross-challenge on 14 Sep...

8. CH v SU [2024] NZDT 868 (5 December 2024) [pdf, 156 KB]

   ...in her defence, I have read her submissions to the Registrar of 24th June 2024 and importantly the email to the registrar with the eight points provided on the morning of the hearing. Additionally, I have viewed with the remaining photographs and statements filed by SU and in particular the statement with 32 points and the timeline. Whilst many of the points as raised by SU and heard by me at the hearing on 3rd December are logical CI0301_CIV_DCDT_Order Page 4 of 5 and can be s...

9. Andrews v Commissioner of Police [2013] NZHRRT 6 [pdf, 121 KB]

   ...the Privacy Act 1993 and the Criminal Disclosure Act 2008 (CDA). The former aims to promote and protect individual privacy. The latter has as its stated purpose (CDA s 3(1)) the disclosure of relevant information between the prosecution and the defence for the purposes of criminal proceedings. The Privacy Act limits the circumstances in which personal information may be disclosed. The CDA compels the disclosure of such information in specified circumstances. When these regimes are in...

10. Ngatai - Tokata B8 Trustees (2015) 50 Tairawhiti MB 175 (50 TRW 175) [pdf, 218 KB]

    ...those directions. Counsel were subsequently obtained. [7] On 19 August 2014, a telephone conference was held with counsel for the applicant (Mr Anthony Sinclair) and counsel for the respondent trustees (Mr Webb). A timetable, for the filing of any Statement of Claim or further particulars, a statement of defence and evidence for both parties, was agreed to. During the conference, Mr Sinclair advised that the applicant filed the current application before the Court on behalf of David...