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1. JM v Minister for NZSIS (Application for Non-Publication Orders) [2022] NZHRRT 32 [pdf, 182 KB]

   ...suppression of his name, the names of his (as yet unspecified) witnesses and any details identifying them. [9] JM also said that, in the event the Tribunal refused his application for permanent orders, he sought interim orders, pending his pursuing an appeal to the Senior Courts for permanent orders or for judicial review. Accordingly, this decision deals first with JM’s application for permanent non-publication orders. 3 SUBMISSIONS ON NON-PUBLICATION ORDERS JM’s submi...

2. [2022] NZEmpC 185 McPherson v Oji Fibre Solutions (NZ) Ltd [pdf, 270 KB]

   ...look at the merits of the legal argument for the purposes of assessing justification, but he argued that the decision-maker would not necessarily have to resolve that debate. 15 Sky Network Television Ltd v Duncan [1998] 1 ERNZ 354 (EmpC). On appeal, the Court of Appeal agreed with the statement of law expressed by Judge Travis: see Sky Network Television Ltd v Duncan [1998] 3 ERNZ 917 at 923. 16 At 361. [47] Mr Mitchell has advised the Court that Mr McPherson’s ca...

3. Hita v Hita - Kaihu 1A2E3B2 [2021] Chief Judge's MB 1233 (2021 CJ 1233) [pdf, 543 KB]

   ...issue.3 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. 3 Tau v Nga Whanau O Morven & Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 2021 Chief Judge’s MB 1244 [16] The Court of Appeal has recently confirmed that the power under s 44(1) falls into two parts:4 The first is an evaluative decision as to whether the order made was “erroneous in f...

4. [2023] NZEmpC 96 Halse v Employment Relations Authority [pdf, 291 KB]

   ...[21] When considering a strike-out application, pleaded facts, whether or not admitted, are assumed to be true.4 [22] The criteria for striking out for no reasonably arguable cause of action under r 15.1(1)(a) was summarised by the Court of Appeal in Attorney-General v Prince:5 ... It is well settled that before the Court may strike out proceedings the causes of action must be so clearly untenable that they cannot possibly succeed ... the jurisdiction is one to be exercised spari...

5. Karaitiana-Bryant v Karaitiana - Waipahihi 4H [2024] Chief Judge's MB 278 (2024 CJ 278) [pdf, 300 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.4 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [19] The Court of Appeal has confirmed that the power under s 44(1) of the Act falls into two parts:5 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the cou...

6. Lawyer-for-Subject-Person.-Selection-Appointment-and-Other-Matters.pdf [pdf, 238 KB]

   ...on the rate of remuneration and/or any additional cost, the file should be referred to a judge for direction. 6.9 The lawyer’s appointment will continue: (a) for 28 days from a final order pending any party to the proceedings taking steps to appeal; and (b) if directed to continue by the court for a specific purpose. 6.10 The role of the lawyer is contained in section 65 of the PPPR Act and referred to in detail in the FLS Best Practice Guidelines. 7 REPORT TO THE COURT...

7. Lawyer-for-Child-practice-note-updated-July-2024.pdf [pdf, 253 KB]

   ...the rate of remuneration and/or any additional cost, the file should be referred to the judge for direction. 6.7 When a final order has been made, the lawyer's appointment will continue: (a) for 28 days in order to advise on the merits of an appeal (section 9B(d) of the FCA); and [2020] NZFC 3346 4 (b) in COCA cases to comply with section 55(4). 6.8 The role of the lawyer is referred to in detail in the FLS Best Practice Guidelines. 7 ORANGA TAMARIKI ACT 1989: RE...

8. [2024] NZEmpC 4 Bread of Life Christian Church in Auckland v Chen [pdf, 221 KB]

   ...and I do not consider it is in the interests of justice to do so. Application for a stay of proceedings [36] The plaintiff applies for a stay of execution of the Authority’s determination. It does so on the grounds that: (a) the proposed appeal will be rendered nugatory unless a stay is granted; (b) third parties, being donors of the Trust Board, members of the Church, and those with an interest in the High Court proceedings, will be negatively impacted by the lack of a stay;...

9. Waikato Bay of Plenty Standards Committee 1 v H [2013] NZLCDT 7 (18 March 2013) [pdf, 222 KB]

   SUPPRESSION ORDER MADE ON APPEAL NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2013] NZLCDT 7 LCDT 021/12 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN WAIKATO BAY OF PLENTY STANDARDS COMMITTEE NO 1 AND H CHAIR Judge D F Clarkson MEMBERS OF TRIBUNAL Mr G McKenzie Ms C Rowe Ms S Sage Mr W Smith DATE OF HEARING at Auckland 28 February 2013 APPEARANCES Mr L Clancy for...

10. Dean v Ministry of Social Development (Strike-Out) [2024] NZHRRT 15 [pdf, 218 KB]

    ...was subsequently suspended as a result of failing to satisfy what he described as the Ministry’s request for information “which was some financial statements of [the plaintiff’s] company which were known not to exist.” His partner had appeal rights in relation to the Ministry’s suspension decision. Mr Dean refers to his partner having taken two unsuccessful cases to the Social Security Appeal Authority challenging her SLP benefit suspensions. The first statement of clai...