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...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).
...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...
...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...
...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 (...
...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...
...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...
...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...
...an application to the Court for stay of execution of the Authority’s awards pending the outcome of the challenge; and e) substantive challenge heard in the Court. [3] Both counsel have referred in their submissions to the relevant Court of Appeal decisions which bind this Court when it exercises its jurisdiction to award costs pursuant to the provisions of the Employment Relations Act 2000 (the Act). 2 The discretion is wide. However, it is generally accepted that costs will...
...Ltd where it was said that: In applications of this kind it is necessary to weigh all of the factors in the balance between the right of a successful litigant to have the fruits of a judgment and the need to preserve the position in case the appeal is successful. Often it is possible to secure an intermediate position by conditions or undertakings and each case must be determined on its own circumstances. [16] This Court has often been assisted by considering such factors as:...
...persons involved in proceedings. [31] We considered the principles relevant to applications under s.108 in An Agent v Complaints Assessment Committee (CAC 10028) [2011] NZREADT 02. There we held that we had the power to make non-publication orders on appeals from decisions of Complaints Assessment Committees and we set out the principles to consider when determining whether to make such orders. Relevantly, we relied on Lewis v Wilson & Horton Ltd where Her Honour Elias CJ said at...