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1. FT v NSC LCRO 259 / 2010 (21 October 2011) [pdf, 90 KB]

   ...adduced and assessed by the Tribunal. LCRO proceedings do not provide the opportunity for this to take place, and it is not the role of the LCRO to undertake this exercise. FT is elevating the role of the LCRO beyond its function. [31] FT advances a defence of freedom of speech, referring to a number of cases in other jurisdictions. He considers that the jurisprudence in New Zealand relating to this is “immature” and “New Zealand is a non-democratic nation and does not deserve t...

2. WVU v Real Estate Agents Authority Jurisdiction Objection [2014] NZHRRT 49 [pdf, 56 KB]

   ...the Real Estate Agents Authority amounted to an interference with privacy under the Privacy Act. Our investigation solely focused on the disclosure of [the plaintiff’s] personal information by the Real Estate Agents Authority. [7] In a detailed statement of reply filed by the Valuer-General the jurisdiction point is specifically pleaded as an affirmative defence. [8] At a teleconference convened by the Chairperson on 12 August 2014 attention was drawn to the decision of the Tribunal...

3. [2013] NZEmpC 58 O’Hagan v Waitomo Adventures Ltd [pdf, 125 KB]

   ...actual costs incurred by the defendant were reasonable in the circumstances. He submitted that they were not. Reasonable costs [16] The hearing took four days. The costs incurred by the defendant included those relating to consideration of the statement of claim and preparation of a statement of defence and counter-challenge, consideration of the plaintiff’s evidence and drafting briefs of evidence in reply, instructing an expert witness and consideration of the experts’ jo...

4. Wellington Standards Committee v Laglolago [2015] NZLCDT 25 [pdf, 325 KB]

   ...the subject of somewhat divergent decisions of the High Court. The relevant sections discussed are s 239 of the LCA and s 50 of the Evidence Act: 239 Evidence (1) Subject to section 236, the Disciplinary Tribunal may receive as evidence any statement, document, information, or matter that may, in its opinion, assist it to deal effectively with the matters before it, whether or not that statement, document, information, or matter would be admissible in a court of law. (2) The Disc...

5. Victim-led alternative resolution pathways [pdf, 1.6 MB]

   ...often being reduced to giving simple yes-or-no responses to questions. They are prevented from confronting the offender in order to understand why this happened to them. A victim’s personal account of the impact is limited to their Victim Impact Statement, an option available only after the end of the court process, and in cases where the offender is convicted. In some ways an adversarial CJS can be perceived as working against a victim’s wishes and justice needs. As Herman (20...

6. FQ v RH [2023] NZDT 552 (3 July 2023) [pdf, 95 KB]

   ...to be contacted and did not participate in the hearing. Under the Disputes Tribunal Act 1988 I can resolve a dispute in the absence of one of the parties. Does the Limitation Act 2010 prevent FQ obtaining the order he seeks? 5. It is a defence to any claim for a payment of money, under the Limitation Act 2010, that the claim was made more than six years after the day that the money became due and owing. There are some exceptions to this rule, for example when there is late kno...

7. 2023 Decisions of public interest

   ...J C Holden, 2 May 2023) APPLICATION FOR STAY – application for leave to appeal to the Court of Appeal not yet filed – application declined – APPLICATION TO STRIKE OUT JUDICIAL REVIEW – Employment Relations Authority was not required to file a statement of defence – Employment Court jurisdiction to judicially review Employment Relations Authority is limited – no reasonably arguable case for judicial review – judicial review application is vexatious – judicial review application i...

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8. Ministerial Advisory Group for Victims of Retail Crime

   ...Advisory Group - appointment of members Citizen's arrest Ministerial Advisory Group for Victims of Retail Crime final report on workstream 1 Ministerial Advisory Group for Victims of Retail Crime - Appendix 4 additional submissions Regulatory Impact Statement: Arrest and defence of property amendments Cabinet paper and minute: Amendments to the arrest and defence of property provisions in the Crimes Act.  Shoplifting Cabinet paper and minute: Strengthening Consequences for Crime in the Cri...

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   1. Justice sector & policy

9. Students experiencing the justice process

   ...positively and negatively. ‘We use examples that are likely to resonate with young people, such as a careless use of a motor vehicle charge arising from texting while driving,’ Dan says. ‘When they act as the victim and read a mock victim impact statement, it can be very powerful. ‘Students have said the mock trial was very realistic and they got a good understanding of the justice process.’  The court visits are organised with the voluntary support of local Police, lawyers an...

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10. Restorative Justice: Best practice in New Zealand 2004 - 2017 [pdf, 428 KB]

    ...Justice? 6 Restorative Justice in New Zealand 7 Part B: Principles of Best Practice for Restorative Justice Processes in Criminal Cases 9 Introduction 11 Principles of Best Practice for Restorative Justice Processes in Criminal Cases 12 Part C: Statement of Restorative Justice Values and Processes 27 Introduction 29 Statement of Restorative Justice Values and Processes 30 3 Part A: Introduction 4 5 Background The need...