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1. Miller-Hard v Stewart [pdf, 52 KB]

   ...substantial merit. 3. GEOFFREY MORRISON 3.1 The application for costs from Mr Morrison was submitted to WHRS by letter dated 19 March 2004, and was comprised of two parts. Firstly, he claimed for the legal fees in relation to the conduct of his defence to the adjudication claims, being total fees of $2,160.00; and secondly, he claimed for his expenses incurred when appearing as a witness at the adjudication hearing. 3.2 I have already dealt with the second part, and have f...

2. MOJ Proactive release Regina v Tarrant Costs 23 February 2021 [pdf, 208 KB]

   ...the defendant with their case (called ‘standby counsel’). The judge directed standby counsel be appointed for this case. Standby counsel is to help the defendant to the extent they are willing to accept it, and to be ready to take on the role of defence counsel if the defendant so decides. The costs of standby counsel (senior and junior counsel) were $38,447. The Court also appointed an amicus curiae (friend of the court). An amicus curiae is different to standby counsel because t...

3. MOJ-Proactive-release-Regina-v-Tarrant-Costs-30-October-2020.pdf [pdf, 209 KB]

   ...the defendant with their case (called ‘standby counsel’). The judge directed standby counsel be appointed for this case. Standby counsel is to help the defendant to the extent they are willing to accept it, and to be ready to take on the role of defence counsel if the defendant so decides. The costs of standby counsel (senior and junior counsel) were $38,447. The Court also appointed an amicus curiae (friend of the court). An amicus curiae is different to standby counsel because t...

4. Forests (Legal Harvest Assurance) Amendment Bill [pdf, 149 KB]

   ...In order to give full recognition to this right, which is also a fundamental principle of criminal law, the legal burden of proving every element of an offence to the required standard of proof, and the onus for disproving any potentially available defence, must remain on the prosecution. Strict liability offences 30. New ss 143(1)(b), 144(1) and 193(1) contain a number of strict liability offences relating to requirements not to provide false information, and other aspects of the lega...

5. [2006] NZEmpC CC 9A/06 T & R Distributors Ltd v Grimes [pdf, 21 KB]

   ...Authority. [5] Mr Gould submitted that there were two aspects of the manner in which the defendant conducted her case in the Court which justify a greater than usual contribution to the plaintiff’s costs. The first was that, after filing an initial statement of problem in the Authority and receiving the plaintiff’s statement in reply, the defendant filed an amended statement of problem necessitating an amended statement in reply by the plaintiff. The second issue was that th...

6. [2014] NZEmpC 167 Rothesay Bay Physiotherapy (2000) Ltd v Pryce-Jones [pdf, 123 KB]

   ...time within which anything is to or may be done …. [37] There is nothing in this second ground of opposition to the plaintiff’s application to extend time. [38] Third, the defendant seeks to rely upon what she categorises as “erroneous statements of fact” made by the plaintiff in support of its application. First, Ms Pryce-Jones said that the Authority reopened its investigation of its own volition rather than, as she says the plaintiff claims, on her application. [39] Al...

7. Proactive-Release-Criminal-Procedure-Amendment-Rules-2025_FINAL.pdf [pdf, 1.3 MB]

   ...correctly imposed. Require the sentencing memorandum to indicate that an offence qualifies for the three strikes regime. Rule 10 - Amending Rule 2.4 (Documents To ensure that offenders' lawyers receive that must be served) copies of victim impact statements without Confirm that a victim impact statement doesn't unnecessary requirements to serve on other need to be served on any party other than the parties being placed on prosecutors. offender's lawyer (if any). Ru...

8. [2023] NZEnvC 130 McCallum Bros Limited v Auckland Council [pdf, 151 KB]

   ...This means the appeal ENV-2022-AKL-219 is also at an end. [2] The Court was advised that MBL’s decision to withdraw its Midshore Application has largely been prompted by conclusions it has drawn from the findings recorded in the Joint Witness Statement produced by the coastal processes experts on 26 May 2023. [3] In a memorandum dated 12 June 2023, MBL advised that it has given the Respondent notice of its withdrawal of its Midshore Application. MBL’s letter of notice to th...

9. [2013] NZEmpC 10 Hutchison v Nelson City Council [pdf, 58 KB]

   ...Court. [2] Ms Hutchison was employed by the Nelson City Council (the Council) from 30 May 2011 until her dismissal on 13 December 2011. She wishes to pursue a personal grievance that her dismissal was unjustifiable. To that end, she lodged a statement of problem with the Employment Relations Authority (the Authority). [3] The Authority identified as a preliminary issue whether Ms Hutchison had raised her personal grievance with the Council within the 90 day period provided for i...

10. 20231124-Courts-BIM_Redacted_FINAL.pdf [pdf, 1.1 MB]

    ...of the judiciary and advances judicial priorities and initiatives with the Ministry of Justice and other government agencies which support the courts as required. 2 Support for the Chief Judge of the Court Martial is provided by the Ministry of Defence. 10 Context for the Courts portfolio The court system is essential to a well- functioning society and economy The court system rests upon the principle of the rule of law. The rule of law exists as a safeguard against arbitrary...