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1. BORA Friendly Societies and Credit Unions (Regulatory Improvement) Amendment Bill [pdf, 224 KB]

   ...proportion to the importance of the objective. The Registrar must, by virtue of s 3 of the Bill of Rights Act, exercise their powers consistently with the right to freedom of expression. The decision of the Registrar is subject to the general rights of appeal in s 151 of the Act and is also judicially reviewable. 10. We consider that the Bill appears to be consistent with the right to freedom of expression affirmed in s 14 of the Bill of Rights Act Section 17 – Freedom of association...

2. [2017] NZEnvC 064 Mitchell Family Trust v Point Trust [pdf, 262 KB]

   ...merit on that party's side or embarking on an inquiry into the merits as that would be contrary to the objective of finality.9 [12] I also note that the amounts claimed in this case are stated to be GST inclusive. I note that the Court of Appeal has provided authoritative guidance on this. In relation to the GST component of costs and disbursements actually incurred by a party claiming costs, a GST-registered party will generally recover from the Commissioner of Inland Revenu...

3. [2019] NZEmpC 137 Independent Prosperity Ltd v Huang [pdf, 343 KB]

   ...application was based on undue hardship to the company, not concerns about an ability to recoup money paid to Ms Huang if the challenge succeeds. [23] This factor points away from granting a stay. Brought in good faith? [24] Mr Nguy submitted that the appeal was brought in good faith. He emphasised that the company had cooperated in the Authority investigation and in the timetabling for the challenge so that it can be disposed of expeditiously. [25] I accept that the challenge...

4. [2019] NZEnvC 067 Minister for Children v Auckland Council [pdf, 3.3 MB]

   ...contentious; (h) It will be more efficient in terms of cost and time for all parties and interested persons to have the NOR referred directly to the Environment Court, as the matter may come before the Environment Court in any event through an appeal of any decisions made by the Minister; (i) Given this public interest, but also the need for this particular Residence to accommodate 17-year olds by 1 July 2019, it is submitted that it is in the interests of all parties that the p...

5. [2020] NZEmpC 101 McNabb v Silver Fern Farms Ltd [pdf, 196 KB]

   ...8 JRT v RAC [2012] NZFC 1927 at [37]. 9 Criminal Procedure Act 2011, s 200. 10 Hayne, Vice-Chancellor of the University of Otago v ASG [2014] NZEmpC 208, [2014] ERNZ 562 at [37]-[38]. This was upheld by the Court of Appeal and the Supreme Court: [2016] NZCA 203, [2016] 3 NZLR 289, (2016) 15 NZELR 1 at [43]; [2017] NZSC 59, [2017] 1 NZLR 777, [2017] ERNZ 208 at [79]-[80]. 11 Director-General of Social Welfare v Christchurch Press Company Ltd HC Christch

6. Budget 2020 Family Violence and Sexual Violence - Summary of Initiatives [pdf, 680 KB]

   ...specifically to medical or strangulation experts attending court as expert witnesses for the defence. This funding is important to ensure that any judicial process leads to a high-quality decision and reduces the chance that decisions will be subject to an appeal process.  This funding will enable prosecution and defence experts for 869 cases a year, and fund strangulation assessments and reports for 1,333 episodes in the first year and 1,361 from year two. Initiative Vote 201...

7. [2018] NZEmpC 116 Hollinshead v Davey [pdf, 237 KB]

   ...Court will, where relevant, consider:8 (a) the reason for the omission to bring the case within time; (b) the length of the delay; 5 At [64]. 6 See, for example, Avery v No 2 Public Service Appeal Board [1973] 2 NZLR 86 (CA) at 91; An Employee v An Employer [2007] ERNZ 295 (EmpC) at [9]. 7 Almond v Read [2017] NZSC 80 at [37]. 8 Stevenson v Hato Paora College Trust Board [2002] 2 ERNZ 103 (EmpC) at [8]. (c) any prej...

8. Paerau v Bailey - Kauaeroa (2021) 440 Aotea MB 262 (440 AOT 262) [pdf, 255 KB]

   ...indirectly affects any contract in which that person may be interested or concerned other than as a trustee of another trust. [18] The leading authorities on the issues of conflicts of interest are the decisions Naera v Fenwick in the Court of Appeal and the Supreme Court judgment Fenwick v Naera.3 Those decisions are authority for the proposition that a trustee must bring a mind unclouded by external or personal considerations when making decisions as a trustee. Put another way, a...

9. B Tarrant Memo Chief Coroner 02-11-21-V2 [pdf, 114 KB]

   ...disproportionately severe treatment or punishment. 10. By this, he means he was subject to inhuman or degrading treatment whilst on remand, which prevented a fair trial. 11. Counsel is conscious of the major distress such an exercise of his right to appeal may have on the “victims” families, and many parts of society. 12. Nevertheless, carrying out client’s instructions is every barrister’s duty, and whilst this case is likely to be the pinnacle of professional difficulty, ev...

10. [2021] NZEmpC 144 Crossen v Yangs House Ltd [pdf, 191 KB]

    ...of 1 or more issues on which the aided person fails: (e) any unreasonable refusal to negotiate a settlement or participate in alternative dispute resolution: (f) any other conduct that abuses the processes of the court. [10] The Court of Appeal has held that in considering s 45(3) the circumstances said to be exceptional must be “quite out of the ordinary”.4 [11] Mr Brown relied on s 45(3)(a) and (d); that is, a claim that there was conduct that caused the other party to i...