Search Results

1. Sexual-Violence-Bill-and-Govt-Response_FINAL.pdf [pdf, 1.7 MB]

   ...1961 to increase the maximum penalty available for the offence of sexual connection with a child from 14 years' to 20 years' imprisonment. (b) the jurisdiction of a court or tribunal (including rights to NO judicial review or rights of appeal)? 3.4.1. Was the Ministry of Justice consulted about these provisions? YES The Offence and Penalty Vetting team at the Ministry of Justice was consulted on this amendment. Privacy issues 3.5. Does this Bill create, amend or remove an...

2. LCRO 198/2020 CO and EA v LT (29 August 2023) [pdf, 673 KB]

   ...that he had abided by, and complied with, the determination of the Committee. Nature and scope of review [40] The High Court has described a review by this Office in the following way:15 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It invo...

3. LCRO 88/2022 GX v EJ (2 April 2024) [pdf, 236 KB]

   ...[Law Firm B]’s response will be referred to as necessary in this decision. Nature and scope of review [70] The High Court has described a review by this Office in the following way:28 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It invo...

4. Canterbury Westland Standards Committee 2 v Mr U [2024] NZLCDT 4 (9 February 2024) [pdf, 173 KB]

   ...incorporated law firm of regulated services, to comply with a 6 Even if the evidence was otherwise inadmissible, the Tribunal may exercise its discretion to admit such evidence under s 239 of the Act in the interests of justice. As noted by the Court of Appeal in Deliu v National Standards Committee of the New Zealand Law Society [2015] NZCA 399 (at n 31) “The centrality of the evidence to the case and the effects of an inability to cross-examine may be material considerations in its...

5. [2024] NZEnvC 026 Nelson City Council [pdf, 515 KB]

   ...required to avoid absurdity or ambiguity. [77] However, ascertaining the plan meaning of a rule from the words itself cannot be undertaken in a vacuum (Powell v Dunedin City Council).20 A further useful consideration derives from an early Court of Appeal decision in Waimairi County 20 Powell v Dunedin City Council [2004] 3 NZLR 721. 18 Council v Hogan,21 namely: What would an ordinary reasonable member of the public, examining the scheme [the plan] have taken from the des...

6. 221013-Web-Attachment-Wayfinding-for-Civil-Justice-Draft National Strategy.pdf [pdf, 414 KB]

   ...Ministry of Justice). The Advisory Group established the Wayfinding working group, whose members are: Dr Bridgette Toy-Cronin (Chair) (an academic specialising in access to civil justice), Raynor Asher KC (Barrister and former High Court and Court of Appeal judge), Wi Pere Mita (Māori lawyer and mediator), Gabrielle O’Brien (NGO leader with a background in alternative dispute resolution), and Anne Waapu (Māori justice advocate focused on intergenerationally durable change). Those in...

7. National Standards Committee 2 v Tingey [2023] NZLCDT 22 (17 May 2023) [pdf, 302 KB]

   ...Respondent CHAIR Ms D Clarkson MEMBERS OF TRIBUNAL Mr I Hunt Ms M Noble Ms G Phipps Prof D Scott HEARING 28 and 29 March 2023 HELD AT Specialist Courts and Tribunals Centre, Auckland DATE OF DECISION 17 May 2023 RELEASED FOLLOWING APPEAL 10 October 2023 COUNSEL Ms Dew KC and Mr Hansen for the Applicant Mr Illingworth KC, Ms Fee and Mr Lewis for the Respondent 2 DECISION OF THE TRIBUNAL ON LIABILITY What this decision addresses [1] This...

8. [2025] NZEmpC 34  Xu v Pioneer Education and Immigration Services Group Ltd [pdf, 313 KB]

   ...remuneration or three months’ lost wages, whichever is lesser. However, the Authority and Court may exercise a discretion to order an employer to pay more than three months’ lost remuneration where a greater sum has been lost.12 [55] The Court of Appeal in Sam’s Fukuyama Food Services Ltd v Zhang set out a number of relevant principles guiding the exercise of that discretion, including:13 (a) A full assessment of financial loss sets the upper limit on an award of compensa...

9. [2024] NZEmp 56 KiwiRail Ltd v Rail & Maritime Transport Union Inc [pdf, 303 KB]

   ...achieved if it “borrows” from the additional holidays that Mr Beazley and Mr Hawkins have earned. In both cases they have enhanced entitlements because of their long service and shift work. The approach being adopted draws on the Court of Appeal decision in New Zealand Fire Service Commission v New Zealand Professional Fire Fighters Union.13 In that case, the majority took the view that a period of time when fire fighters were 12 Section 12(3)(b). 13 New Zealand Fire Ser...

10. OIA-121293.pdf [pdf, 4.8 MB]

    ...Em Leadership Team Out of scope RE LE AS ED U ND ER T HE O FF IC IA L IN FO RM AT IO N AC T 19 82 IN CONFIDENCE 19 were not live issues. The jury convicted the appellant of all three counts of rape. The matter was appealed and the issue before the Supreme Court was whether the District Court judge ought to have directed the jury on consent, and reasonable belief in consent. 4. The Supreme Court was asked to decide the significance of a complainant’s si...