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1. Cribb - Succession to Tieme Karepe, Te One Karepe, Hoani Karepe and Porokuru Te Kiwi [2025] Chief Judge's MB 373 (2025 CJ 373) [pdf, 366 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.13 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [13] The Court of Appeal has confirmed that the power under s 44(1) of the Act falls into two parts:14 …The first is an evaluative decision as to whether the order made was “erroneous in fact or in law because of any mistake or omission on the part of t...

2. 3-Strikes-Proactive-Release-OIA-Requests_Final_Part4.pdf [pdf, 14 MB]

   ...possible to discuss the email below in more detail in the morning? Mary-Anne had been working on it but she’s now on leave. I’m working on the three strikes RIS, which we are lodging on 04 April. We are hoping to incorporate estimates of the cost of appeals and litigation under the new regime. Would you be able to provide some figures for costs for the following, or know who is able to do so? Please let me know if that is possible in principle, and we can discuss with Sophie whethe...

3. Ngati Paoa (2009) 141 Waikato MB 271 (141 W 271) [pdf, 211 KB]

   ...whenua tōpū trust. The Court also made an order pursuant to 141 Waikato MB 288 section 133 of Te Ture Whenua Māori Act 1993 declaring that the lands become Māori freehold lands (98 H 206-216). [78] That decision was subsequently appealed to the Māori Appellate Court. On 9 March 1999 the appeal was upheld. The Appellate Court annulled the orders constituting the whenua tōpū trust. However the Court did not annul the orders in relation to the change of status fro...

4. Oranga Tamariki (Responding to Serious Youth Offending) Amendment Bill [pdf, 422 KB]

   ...8196742 therefore, whether the proposed provisions will indirectly discriminate on these prohibited grounds, and if so, whether any discrimination is justified under s 5 of the Bill of Rights Act. 66. However, applying the reasoning of the Court of Appeal in Ngaronoa,15 we do not consider that the proposed YSO and MSA regime will be inconsistent with s 19: 66.1 The Bill proposes to treat Māori and non-Māori young offenders the same; equally so in relation to disability issues. 66....

5. [2024] NZEmpC 250 High Performance Sport New Zealand Ltd v The Athletes Cooperative Inc [pdf, 289 KB]

   ...(8-2) (select committee report) at 8 and 13–14. 18 But see Maritime Union of New Zealand Inc v China Navigation Co Pte Ltd [2016] NZEmpC 111, [2016] ERNZ 473 at [126]–[128]. [74] Ms Dunn referred to the recent decision of the Court of Appeal in Rasier Operations BV v E Tū Inc,19 where the Court cited with approval Chief Judge Inglis’s comments in E Tū Inc v Rasier Operations BV:20 Employment status is the gate through which a worker must pass before they can acce...

6. 2025] NZEmpC 171 NZEI Te Tiu Roa Inc v Secretary for Education [pdf, 265 KB]

   ...employees, had specifically reduced their normal employment. [48] The Employment Court in McCulloch did not accept that argument and stated “by, in effect, banning acting-up, the union, as a collective the employees, threatened to strike”.12 On appeal, the Court of Appeal agreed with the conclusion reached by the Employment Court and stated:13 We are also satisfied that it was open for the Chief Judge to conclude that the requirements of s 81(1)(b) were met in that the Unio...

7. Canterbury Westland Standards Committee v Simes [2012] NZLCDT 28 [pdf, 216 KB]

   ...$10,000. 1 Canterbury/Westland Standards Committee 2 v Simes [2012] NZLCDT 4. 2 Ms Simes indicated that some of this amount is to be attributed to unrelated proceedings she has in the Court of Appeal, and accordingly she intends to reduce this claim by $1,330. 3 Tribunal’s costs discretion [7] The Tribunal’s power to order costs is contained in s 249 Lawyers and Conveyancers Act 2006. That section provides that the T...

8. [2007] NZEmpC CC 15/07 Terry Young Ltd v New Zealand Engineering Printing and Manufacturing Union Inc [pdf, 41 KB]

   ...Workers Union of Aotearoa Inc v Southern Pacific Hotel Corporation (NZ) Ltd1decided by the Employment Court under the provisions of the Employment Contracts Act 1991 is said by the plaintiff to be distinguishable as is the judgment of the Court of Appeal in Foodstuffs (Auckland) Ltd v National Distribution Union Inc2. Decision of the challenge [8] One of the principal thrusts of the Employment Relations Act 2000 is for collectivism. In this regard Parliament sought to redress the...

9. EMPC Dinner speech Labour Law Society Conference [pdf, 165 KB]

   ...standards are subsumed by legalism. Legalists prepare and present mediation statements that they read to mediators. They take legalistic points about the admissibility of evidence in the Employment Relations Authority and then seek to take those on appeal and consequentially proceedings in the Authority in the 4 meantime. But, as I pointed out, it is not only lawyers who do so and many lawyers conscientiously refrain from doing so. There are some, fortunately not too many...

10. EMPC Courtroom advocacy essential skills 2 etiquette [pdf, 227 KB]

    ...Court-taker is “Mr or Madam Court-taker”  The interpreter is “Mr or Madam Interpreter”  The witness should be formally referred to, unless special circumstances dictate otherwise. Courtroom fashion: In the High Court, Court of Appeal and Supreme Court; a black or navy blue suit, with a white shirt or blouse, tie for men, black or navy shoes, and a gown (unless the hearing is in chambers and the Judge has dispensed with the need for gowns). In the District Court...