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1. [2016] NZEmpC 119 Initiative! Un Ltd v Rahman [pdf, 102 KB]

   ...of execution are well known. In determining whether or not to grant a stay, the Court must weigh the factors in the balance between the successful litigant’s rights to the fruits of a judgment and the need to preserve the position in case the appeal is successful. Relevant factors include whether the appeal would be rendered nugatory, if the stay were not granted, the bona fides of the applicant as to the prosecution of the appeal, the effect on any third parties, injury or detr...

2. Miscarriage of justice - backgrounder on compensation for wrongful conviction and imprisonment [pdf, 438 KB]

   ...pardoned or convictions quashed The Cabinet guidelines require claimants to: be alive at the time of application have served all or part of a sentence of imprisonment have received a free pardon or have had their convictions quashed on appeal without order of retrial. Investigation and determination of claims The Ministry of Justice initially assesses each claim. Claims meriting further assessment are referred by the Minister of Justice to a Queen’s Counsel for advice. T...

3. [2021] NZACC 8 - Stryder v ACC (12 January 2021) [pdf, 165 KB]

   IN THE DISTRICT COURT AT CHRISTCHURCH I TE KŌTI-Ā-ROHE KI OTAUTAHI [2021] NZACC 8 ACR 54/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN IVAN STRYDER Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 6 October 2020 Heard at: Christchurch/Ōtautahi Appearances: Mr Stryder in person Mr I Hunt for the respondent Judgment: 12 January 2021 __________________________________________...

4. Archived May 2015 - Compensation for wrongful conviction and imprisonment [pdf, 1.5 MB]

   ...subsequently pardoned or convictions quashed The Cabinet guidelines require claimants to: be alive at the time of application have served all or part of a sentence of imprisonment have received a free pardon or have had their convictions quashed on appeal without order of retrial. Investigation and determination of claims The Ministry of Justice initially assesses each claim. Claims meriting further assessment are referred by the Minister of Justice to a Queen’s Counsel for...

5. [2017] NZEmpC 19 Lewis v Silver Fern Farms Ltd [pdf, 141 KB]

   ...Court’s guideline scale costs and, therefore, falls to be determined by reference to the principles in Victoria University of Wellington v Alton-Lee, Binnie v Pacific Health Ltd and Health Waikato Ltd v Elmsly. 3 [7] In Alton-Lee, the Court of Appeal said: 4 … there are general principles as to costs and it is well established that decisions as to costs must be in accordance with those principles. [8] Later, the Court of Appeal observed: 5...

6. XD v MU [2020] NZDT 1311 (14 May 2020) [pdf, 189 KB]

   ...having been made. If you are applying outside of the 20 working day timeframe, you must also fill out an Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the...

7. L Family Trust Limited v KM [2021] NZDT 1319 (24 February 2021) [pdf, 199 KB]

   ...having been made. If you are applying outside of the 20 working day timeframe, you must also fill out an Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the...

8. Karena v Te Koau A Ahu Whenua Trust [2018] Māori Appellate Court MB 154 (2018 APPEAL 154) [pdf, 337 KB]

   ...the applicant had no lawyer from 3 February 2017. We take note of that fact, but consider it more important that he did have legal counsel in the substantive proceeding, retained counsel until 3 February 2017, and received advice on a potential appeal. Thus, in the 28-day period that the legislation provides for the filing of an application for rehearing, the appellant had a lawyer and took advice on appealing the substantive decision; b) Not only did the Judge know that the appella...

9. [2018] NZSSAA 53 (19 October 2018) [pdf, 133 KB]

   [2018] NZSSAA 53 Reference No. SSA 162/17 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of XXXX, against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY Mr G Pearson - Chairperson Mr K Williams - Member Mr C Joe - Member Appearances For the Appellant: Mr Howell (with the appellant) For Chief Executive of the Ministry of Social Development: Mr R Signal DECISION Backgrou...

10. [2018] NZSSAA 61 (3 December 2018) [pdf, 98 KB]

    [2018] NZSSAA 61 Reference No. SSA 71/18 IN THE MATTER of the Social Security Act 2018 AND IN THE MATTER of an appeal by XXXX and XXXX of XXXX against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY S Pezaro - Deputy Chair C Joe - Member Hearing at Auckland on 26 November 2018 Appearances The appellants by telephone A Katona for the Ministry of Social Development DECISION Background [1] XXXX and X...