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1. The Proprietors of Potikirua Block Incorporation v Te Kani - Lot 1 Deposited Plan 8212 [2013] Chief Judge's MB 248 (2013 CJ 248) [pdf, 200 KB]

   ...Appellate MB 64 (15 WGAP) and Riddifordv Te Whaiti (2001) 13 Takitimu Appellate MB 184 (13 ACTK 184). These are authorities for the following principles: 3 Henare v Maori Trustee -Parengarenga 30 (2012) 2012 MaoriAppellate CaurtMB 540 (2012 APPEAL 540) at 541-543. ( ( 2013 Chief Judge's MB 251 a) The Court has au absolute and unlimited discretion as to costs; b) Costs normally follow the event; c) A successful party should be awarded a reasonable contribution to...

2. Auckland District Law Society v Dorbu [2010] NZLCDT 25 [pdf, 195 KB]

   ...the main subject matter with which the proceedings were concerned and to which seven of the 12 charges related – that is the Barge proceedings. [3] Mr Dorbu’s involvement in those proceedings is best summarised by reading from the Court of Appeal judgment in that case which we record at paragraph [69] of our June decision and I repeat that now: “... Standing back and looking objectively at the available material, the following is revealed. Once Mr Barge had turned down the $3...

3. BORA Business Law Reform Bill [pdf, 392 KB]

   ...Rights/Human Rights Team Footnotes 1 R v Keegstra [1990] 3 SCR 697,729,826 2 RJR MacDonald v Attorney-General of Canada (1995) 127 DLR (4th)1 3 In applying section 5, the Ministry of Justice has regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260 Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754 and Supreme Court of Canada’s decision in R v...

4. BORA Births, Deaths, Marriages, and Relationships Registration Amendment Bill [pdf, 316 KB]

   ...Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel Margaret Dugdale Policy Manager, Bill of Rights/Human Rights Public Law Group Footnotes 1 In applying section 5, we have had regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260 Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754 and Supreme Court of Canada’s decision in R v...

5. BORA Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Bill [pdf, 306 KB]

   ...beneficiary parents, and 18 and 19 year old beneficiaries considered at significant risk of long term welfare dependency. 7. The Bill makes several changes to the Social Security Act unrelated to the extension of the Youth Service: limiting third party appeals, authorising payment of terminal benefits into deceased beneficiaries’ accounts, and authorising payment of money on payment cards to young people. These changes do not engage the Bill of Rights Act. 8. The Bill also retrospe...

6. [2016] NZEmpC 70 S v I Ltd Interlocutory No three [pdf, 99 KB]

   ...proceedings, I am not satisfied that there is such a strong case for security that causes this case to be an exception to the Court’s longstanding reluctance to make such orders, other than in truly exceptional cases. Further, as the Court of Appeal noted in AS McLauchlan Ltd v MEL Network Ltd, 7 the Court should also be shown that the claim has little chance of success. That has not been established, at least to this point, by the defendant. [18] Finally in this analysis, the...

7. Williamson v Tangilanu [2012] NZIACDT 18 (8 May 2012) [pdf, 95 KB]

   ...either publication, or non-publication of decisions. However, for a professional disciplinary body in contemporary New Zealand to operate without its decisions being available to the public would be a truly exceptional situation. [41] The Court of Appeal in R v Liddell [1995] 1 NZLR 538 at 546 per Cooke P said, in relation to the question of name suppression: “[T]he starting point must always be the importance in a democracy of freedom of speech, open judicial proceedings, and the r...

8. Tan v New Zealand Police (costs) [2017] NZHRRT 1 [pdf, 169 KB]

   ...of Police (Costs) [2013] NZHRRT 31. [6.8.4] On the other hand, understanding and compassion are equally important. See Meek v Ministry of Social Development [2013] NZHRRT 28 and Andrews v Commissioner of Police (Costs) [2014] NZHRRT 31 upheld on appeal in Commissioner of Police v Andrews [2015] NZHC 745 at [65], [68] and [73] to [74]. DISCUSSION [11] In our view the Police correctly submit Ms Tan’s conduct of the case needlessly added to the difficulty and cost of the proceedings....

9. Morris - Pani Te Wairemana Morris Succession [2016] Chief Judges MB 792 (2016 CJ 792) [pdf, 233 KB]

   ...that an error was made in the presentation of the facts of the case to the Court at 137 Napier MB 17 as the Will was not taken into consideration. 2 [2010] Maori Appellate Court MB 167-216 (2010 APPEAL 167) 3 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 4 dated 8 th March 1981 5 Will of Pani Te Wairemana Morris (8 March 1981) 2016 Chief Judge’s MB 798 [13] It is therefore appropriate for me to exercise my jurisdi...

10. [2016] NZEmpC 152 Pretorius v Marra Construction [pdf, 141 KB]

    ...reasonable. (2) The court may apportion any such costs and expenses between the parties or any of them as it thinks fit, and may at any time vary or alter any such order in such manner as it thinks reasonable. [16] It is well established from Court of Appeal decisions that the Court is required first to determine whether costs incurred by a successful party were reasonably incurred, and then after an appraisal of all relevant factors, decide at which level it is reasonable for th...