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1. Compensation for wrongful conviction & detention

   ...and submissions, to the Minister of Justice at the following address: Minister of Justice Parliament Buildings Wellington 6160 Claims for compensation relating to a military conviction 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 Can I get legal aid? I...

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   1. Justice sector & policy >
   2. Constitutional issues & human rights >
   3. Miscarriages of justice

2. [2020] NZEmpC 59 Johnson v Chief of the NZ Defence Force [pdf, 246 KB]

   ...established a disadvantage grievance.1 The New Zealand Defence Force (NZDF) had conducted an inquiry as to whether he had sent an email to the office of the Deputy Prime Minister. It was concerned there had been a security breach. Mr Johnson presented statements 1 Johnson v Chief of the New Zealand Defence Force [2019] NZEmpC 192. from himself and an information technology specialist in support of his position that his em...

3. 2015 Ministry of Justice annual report - our performance [pdf, 509 KB]

   Our performance Statement of responsibility I am responsible, as Secretary for Justice and Chief Executive of the Ministry of Justice (the Ministry), for: • the preparation of the Ministry’s financial statements, and statements of expenses and capital expenditure, and for the judgements expressed in them • having in place a system of internal controls designed to provide reasonable assurance as to the integrity and reliability of financial reporting • ensuring that end-of-yea...

4. [2014] NZEmpC 100 George v Auckland Council ARC 12410 Auckland Council v George costs [pdf, 191 KB]

   ...parameters around what costs will and will not be indemnified, other than (for the purposes of this claim) that the costs must have been incurred in respect of, or arising out of, any act or omission by the employee in the course of employment. Legal defence of the claim falls within the scope of the clause. Public policy considerations [17] There are no public policy reasons why the indemnity should not apply. Rather, there are clear public policy reasons why it should apply in...

5. Standards Committees v Deliu [2016] NZLCDT 41 [pdf, 441 KB]

   ...n 7 eg at [5]. 24 Practitioner’s written submissions at [35]. 15 [54] The practitioner vigorously defended the position that his responses were not inappropriate. He pleaded some 35 matters by way of opposition and/or affirmative defences to the Judges charges. He argued there was no case to answer. Without evidence from the Judges, his position was the Committee could not prove that what he said was false or without foundation. He sought to require the Judges to app...

6. [2023] NZEmpC 145 Robertson v IDEA Services Ltd [pdf, 280 KB]

   ...verbally abused and slapped one of its service users while they were in the Tauranga Hospital Emergency Department. [3] Ms Robertson admitted slapping the service user but denied verbally abusing him. Her case was that she was responding in self-defence to his attempt to assault her and that IDEA Services failed to adequately investigate what happened, or take into account the circumstances in which the incident occurred. The Employment Relations Authority’s determina...

7. Regulatory Impact Statement Crimes Act Part 8 Offences Against the Person 1961 Amendment Bill [pdf, 85 KB]

   1 Regulatory Impact Statement: Review of Part 8 of the Crimes Act 1961 EXECUTIVE SUMMARY The offences in Part 8 of the Crimes Act 1961 (offences against the person) are affected by unnecessary duplication, archaic language, and lack of clarity as to scope and application. The offences in Part 8 do not adequately address violent offending against children. The Law Commission has recommended that Part 8 of the Crimes Act 1961 (dealing with offences against the person) be amende...

8. Family legal aid response to consultation [pdf, 565 KB]

   ...be available for people who meet an income eligibility threshold. It is intended to help clients understand their responsibilities and options, provide guidance on possible outcomes, and help with the completion of court entry forms or notices of defence, if required. The Secretary for Justice intends to establish the new legal advice service as a specified service under the Legal Services Act 2011. Criteria for approval as a provider of the service have been aligned with the criteri...

9. Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill [pdf, 277 KB]

   ...a strict liability offence may be proved by a finding that certain facts occurred without proof of mens rea. The accused is then required to prove (on the 6 Hansen v R [2007] NZSC 7, [2007] 3 NZLR 1 at [123]. balance of probabilities) a defence to avoid liability; whereas, in other criminal proceedings an accused must merely raise a defence in an effort to create reasonable doubt. 39. The Bill contains the following strict liability offences: a. sale of smoked tobacco produ...

10. [2009] NZEmpC CC 2/09 South Pacific Meats Ltd v NZ Meat Workers and related Trades Union Inc and others [pdf, 22 KB]

    ...The plaintiff is incurring additional costs and there is said to be a risk that its relationship with customers will be affected. [5] The plaintiff alleges that the actions of the second defendants constitute an unlawful strike. It has filed a statement of claim seeking relief in the form of a permanent injunction requiring the second defendants to return to work. An injunction is also sought restraining the first defendant from inciting, aiding or abetting such strike action an...