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1. [2015] NZEmpC 8 Q v Commissioner of Police [pdf, 110 KB]

   ...principles of open justice, the effect of which is that, except to the extent that any legitimate exception is made out, courts are required to dispense justice in public. 8 In Broadcasting Corporation of New Zealand v Attorney-General the Court of Appeal held: 9 Despite the importance attached to these basic concepts there have been occasional situations of a particularly pressing kind which have led to a court sitting in camera. Sometimes there has been statutory authority fo...

2. Taueki v The Trustees of Horowhenua 11 (Lake) Trust (2011) 274 Aotea MB 191 (274 AOT 191) [pdf, 107 KB]

   ...liberal award may well be made in the discretion of the judge, but there is no invariable practice; and 2 Nicholls v Nicholls - Part Papaaroha 6B Block (2011) Mäori Appellate Court MB 64 (2011 APPEAL 64) http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maori-appellate-court-sittings/2011/Part%20Papaaroha%206B%20Block.pdf http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maori-ap...

3. CAC10017 v Xu [2013] NZREADT 16 [pdf, 46 KB]

   ...which satisfies the purposes of the Act. [20] After the conclusion of the hearing and before this decision was issued the High Court delivered a decision in Kumandan v Real Estate Agents Authority [2012] 6 NZHC 3555. This decision was an appeal against a finding of the Tribunal that Mr Kumandan was guilty of misconduct under s 73 of the Real Estate Agents Act 2008. The penalty imposed upon him was that his license be cancelled. The Court determined that in determining the...

4. Application for approval to provide legal aid services [pdf, 680 KB]

   ...Level 1 Criminal Provider approval Level 2 Criminal Provider approval Level 3 Criminal Provider approval Level 4 Family Mental Health Māori Land Court and Māori appellate Court Waitangi Tribunal Refugee and Protected Persons Court of appeal and Supreme Court employment advocate Specified legal services Duty Lawyer Police Detention Legal assistance (PDLa) i am applying for approval as a supervised provider in the following areas of law: Civil Criminal Family...

5. Scott - Erueti Te Karu [2014] Chief Judge's MB 260 (2014 CJ 260) [pdf, 195 KB]

   ...Te Ture Whenua Māori Act 1993. Section 48 (1) is set out below as follows: 2014 Chief Judge’s MB 268 48 Matters already finalised or pending (1) No order made by the Chief Judge under section 44, or made by the Appellate Court on appeal from any such order, shall take away or affect any right or interest acquired for value and in good faith under any instrument of alienation registered before the making of any such order. 22. Based on these two factors, the appli...

6. FT v NSC LCRO 260 / 2010 (21 October 2011) [pdf, 100 KB]

   ...reason is simply as provided in the preceding paragraph – namely that I did not consider there was any strength in his application. It is difficult to see what further reason need be provided. [17] UQ has subsequently referred me to a Court of Appeal decision (Taylor v The Queen [2010] NZCA 628) where the Court applied earlier authorities that the giving of earlier adverse rulings, even adverse findings of credibility, will only “in the rarest of circumstances” (Muir v Commiss...

7. Wooten v Dorr [2012] NZWHT Auckland 46 [pdf, 142 KB]

   ...role and the disclosed invoices from Mr Dorr to the Wootens clearly illustrate that margin, at a rate of six per cent, which was an addition on all such invoices. [17] The law is clear. In Bowen v Paramount (Hamilton) Limited1 the Court of Appeal held that “contractors, architects and engineers are all subject to a duty to use reasonable care to prevent damage to persons who may or should reasonably expect to be effected by their work.” Chambers J stated in Body Corporat...

8. IG v HC LCRO 101/12 (3 June 2015) [pdf, 47 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a standards committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. Review hearing [22] Ms IG attended a review hearing in [City] on 27 May 2...

9. RR v SU & TT LCRO 189/2013 (29 September 2015) [pdf, 90 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. Review Issues [26] This Office has, and the Committee had, no jurisdicti...

10. McDonald - Pakiri G (2017) 155 Taitokerau MB 117 (155 TTk 117) [pdf, 163 KB]

    ...do not consider that the making of disclosure carries with it any implication that the very making of the disclosure indicates that the judge’s impartiality is compromised. In that respect I disagree with the view expressed by the Court of Appeal for England and Wales in Taylor v Lawrence. A matter should be disclosed in any case where it is possible that the observer might reasonably think the judge could be biased as a consequence of it. The judge or the court can then consider...