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1. 2012 Ministry of Justice annual report [pdf, 2.3 MB]

   ...Prototype of Electronic Operating Model (EOM) developed. • Continued Christchurch earthquake recovery operations through the provision of more than 20 temporary, permanent or hired premises. COURT STATISTICS • Supreme Court managed over 60 criminal and civil appeals. • Court of Appeal managed over 1,300 criminal and civil appeals. • High Courts conducted over 370 jury trials and managed over 5,600 civil cases. • District Courts managed over 5,800 criminal jury cases....

2. River Oaks Farm Ltd & Ors as Trustees of Ingodwe Trust v Olsson [pdf, 136 KB]

   ...to build the house using labour only carpenters. Mr Olsson’s counsel argued that he was not the head contractor/developer/supervising builder i.e. he was not the builder with any supervisory role. He relies on the decision of the Court of Appeal in Riddell v Porteous2 where Blanchard J stated: “It seems that Hansen J was encouraged to ignore this warning [not to overturn a credibility finding] by his belief that the Riddells could properly be characterised not merely as owners...

3. Proactive release - Security Information in Proceedings Legislation Bill.pdf [pdf, 2.2 MB]

   ...insight into the practicalities of balancing the protection of NSI with non-Crown parties’ interests. They also provide impetus to enact a statutory closed court process. 20. In September 2019, while not required to determine the matter, the Court of Appeal considered it unlikely the High Court could adopt a closed court process for a substantive hearing under its inherent jurisdiction.6 This means that while NSI can be protected by withholding it from disclosure, the Crown would not be able...

4. Auckland District Law Society v Dorbu [2010] NZLCDT 9 [pdf, 217 KB]

   ...afford to retain the property and suffering a loss of over $292,000.00 in unrecoverable legal costs, as well as serious health issues from the associated stress and anxiety. [24] The claims were opposed at all stages and were then unsuccessfully appealed to the Court of Appeal. Finally, leave was sought to appeal to the Supreme Court. This was dismissed summarily. The court stated, after describing the pattern of events: “[77] The conclusion reached by Priestley J was the only...

5. Drozdzak v Accident Compensation Corporation (Work related gradual process) [2023] NZACC 157 [pdf, 442 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 157 ACR 306/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACCIDENT COMPENSATION ACT BETWEEN ANTHONY DROZDZAK Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 17 July 2023 Heard at: Dunedin / Otepoti Appearances: Mr P Schmidt for the Appellant Ms A Douglass and Ms Gaskell for the Respo...

6. Chapman v Aotearoa Resorts Ltd - Tokaanu Māori Township 2nd Residue Trust (2010) 257 Aotea MB 62 (257 AOT 62) [pdf, 245 KB]

   ...judgment [8] The Land [10] The Trust [12] The Leases [13] Background [15] The present proceedings [21] Directions [24] The hearings [26] Post hearing events [30] The Appeal [32] Applications for Special Aid [34] The Law [35] Applicants’ case [40] Respondents’ case [47] Discussion [53] Payment of rent and related charges [58] Rental...

7. Fisher v Potroz - Mohakatino Parininihi No 1C West 3A2 (2016) 361 Aotea MB 146 (361 AOT 146) [pdf, 552 KB]

   ...accordingly, the land still belonged to the successors of Kereni Wetini. [3] Following an interlocutory hearing, I issued a decision on 21 November 2014, dismissing the rehearing application and reaffirming the ownership and status orders. 2 Mr White appealed that dismissal on 20 January 2015. 3 [4] The Māori Appellate Court issued its decision on 24 March 2016 finding that there had been a failure to notify the successors of Kereni Wetini which resulted in a breach of natural...

8. [2011] NZEmpC 38 French v The Warehouse Ltd [pdf, 80 KB]

   ...or moved by wrong motives. It is sufficient if, as a result of some patent and glaring error of law, the plaintiff or applicant has brought a case which is entirely misconceived. [6] Examples of frivolous cases include attempting to continue an appeal after the proceeding has been settled and attempting to obtain relief at common law which has already been given in a personal grievance. These are clearly not exhaustive examples but give a flavour of the gravity of the circumstance...

9. [2012] NZEmpC 64 Wade v Hume Pack-N-Cool Ltd [pdf, 76 KB]

   ...proceedings were discontinued by him on 6 August 2008. In 2011, he attempted to set aside the discontinuance but his application to do so was dismissed by a judgment of this Court issued on 27 May 2011. 3 [6] Mr Wade subsequently sought leave to appeal to the Court of Appeal against the Employment Court’s judgment. The Court of Appeal refused Mr Wade’s application for leave in a judgment issued on 29 August 2011. 4 [7] Mr Wade then issued further proceedings in the Employmen...

10. [2015] NZEmpC 160 Shanmuganathan v PowerNet Ltd [pdf, 139 KB]

    ...as to costs, and to order PowerNet to pay the sum of $3,500 to Mr Shanmuganathan, being the normal daily tariff adopted by the Authority. [12] I turn now to consider the position as to costs in the Court. It is well established from Court of Appeal decisions that the Employment 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 t...