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1. Bay of Plenty Regional Council (Maori Constituency Empowering) Bill [pdf, 149 KB]

   ...Ministry of Justice considers that the limitation on the right to be free from discrimination may be considered a justifiable limitation in accordance with section 5 of the Bill of Rights Act. SECTION 5 OF THE BILL OF RIGHTS ACT 10. In the Court of Appeal’s recent decision, Moonen v Film & Literature Review Board [2000] 2 NZLR 9, the Court considered the process for determining whether a limit imposed on a right or freedom affirmed by the BORA is justified in terms of section...

2. [2023] NZEnvC 008 Oceans Resort Body Corporate 349622 v Northland Regional Council [pdf, 156 KB]

   ...The council issued an Abatement notice asserting a breach of the Act. Curiously condition 9 of the consent gives the council the discretion to require cessation of the take where chloride exceeds the 250 grams per m3. The abatement notice is appealed largely upon the basis that the Body Corporate is taking steps to remedy the situation and requires time to do so. Nevertheless, there are ancillary issues around how the limit was chosen and whether it is appropriate. The Court also...

3. Letter-to-the-profession-Legal-Aid-outcomes-of-Budget-2022.pdf [pdf, 144 KB]

   ...criminal legal aid from 1 July 2022 Criminal Provider Approval Level (PAL) Other ($/hour) Level of experience ($/hour) Level 1 Level 2 Level 3 PAL 1 - 103 108 119 PAL 2 - 108 134 139 PAL 3 - 130 139 150 PAL 4 - 146 161 178 Court of Appeal/Supreme Court - 146 161 178 Supervised Providers 103 - - - Table 2: hourly rates for civil and family legal aid from 1 July 2022 Proceedings category Other ($/hour) Level of experience ($/hour) Level 1 Level 2 Level 3 FC1 (Ot...

4. Phares -Tiopira Popata Whanau Trust (2021) 224 Waikato Maniapoto MB 252 (224 WMN 252) [pdf, 200 KB]

   ...replace Joe Phares who is deceased and Erueti Koopu who has resigned. I whakapuaki i te 3:30pm i Te Taitokerau, te 7 o ngā rā o Hōngongoi i te tau 2021. T M Wara JUDGE 1 Moke v The Trustees of Ngāti Tarāwhai Iwi [2019] Māori Appeallate Court MB 265 (2019 APPEAL 265).

5. [2023] NZEmpC 21 Pilgrim v The Attorney-General [pdf, 200 KB]

   ...be recalled. [3] Rule 11.9 of the High Court Rules 2016 allows for High Court judgments to be recalled at any time before they are sealed. The Employment Court too can recall its judgments.2 [4] Generally speaking, and subject to rights of appeal, a judgment once delivered must stand for better or worse. A decision to recall will only be made in exceptional circumstances.3 This reflects the importance of finality in litigation to the administration of justice.4 There are th...

6. Letter-to-the-profession-Legal-Aid-outcomes-of-Budget-2022.pdf [pdf, 144 KB]

   ...criminal legal aid from 1 July 2022 Criminal Provider Approval Level (PAL) Other ($/hour) Level of experience ($/hour) Level 1 Level 2 Level 3 PAL 1 - 103 108 119 PAL 2 - 108 134 139 PAL 3 - 130 139 150 PAL 4 - 146 161 178 Court of Appeal/Supreme Court - 146 161 178 Supervised Providers 103 - - - Table 2: hourly rates for civil and family legal aid from 1 July 2022 Proceedings category Other ($/hour) Level of experience ($/hour) Level 1 Level 2 Level 3 FC1 (Ot...

7. OIA-120344.pdf [pdf, 778 KB]

   ...lawyers Current position title Current remuneration band Assistant Office Public Defender J10 Deputy Director Legal J11 Deputy Senior Duty Lawyer Supervisor PDS7 Duty Lawyer Supervisor PDS6 Intermediate Lawyer (PAL2) PDS4 Junior Lawyer (Appeals) PDS2 Junior Lawyer (PAL1) PDS3 Lawyer (PAL1) PDS3 Lawyer (PAL2) PDS3 Legal Team Manager J08 Legal Team Manager (PAL2) J08 Legal Team Manager (PAL3) J09 National Public Defender J11 Office Public Defender J10 PDS Lawyer (...

8. [2010] NZEmpC 24 Tian v Hollywood Bakery (Holdings) Ltd [pdf, 31 KB]

   ...by the defendant to reach agreement as to costs with the plaintiff but that such attempts have been unsuccessful. [2] The submissions of Mr Liu for the defendant, in support of the application for costs, refer to the three well known Court of Appeal decisions, Victoria University of Wellington v Alton-Lee1, Binnie v Pacific Health Ltd2 and Health Waikato Ltd v 1 [2001] ERNZ 305 (CA). Elmsly3. I accept that the appropriat...

9. Brankin v CAC 10027 [2011] NZREADT 33 [pdf, 97 KB]

   ...evidence was therefore inadmissible. Mr McCall submitted further that Ms Smith’s taping of private communications constituted an unreasonable search and seizure under the New Zealand Bill of Rights Act. He referred the Tribunal to the Court of Appeal decision of R v A [1994] NZLR 429. In that decision the Court of Appeal said that the appropriate enquiry to determine whether the evidence ought to be admitted was to weigh all the relevant public interest considerations in the applicat...

10. Wang v Registrar of the REAA [2015] NZREADT 52 [pdf, 182 KB]

    ...requirements in accordance with the practice rules, had any discretion under s.54 or, rather, was required to cancel the applicant’s licence. Grounds Relied on by the Applicant [7] It is submitted for the Authority that the applicant’s grounds of appeal are not immediately clear, and that the application does not identify any error of fact or law in the Registrar’s decision. [8] It is not disputed by the applicant that he failed to complete the continuing education required b...