Search Results

1. Budapest-Convention-and-Related-Matters-Legislation-Amendment-Bill_FINAL.pdf [pdf, 545 KB]

   ...confidentiality obligations do not apply to production orders. 23 I recommend Cabinet approve these policy changes, for the reasons discussed below. Reviews of preservation directions 24 In 2021, Cabinet agreed the Bill would contain a right of appeal to the District Court for anyone subject to a preservation direction. Instead, the Bill provides a right to seek a review from Police that must be completed within 5 working days. 25 This change has been made because the perio...

2. Three-strikes-document-release_Combined_FINAL.pdf [pdf, 2.1 MB]

   ...‘tough on crime’. In respect of (a), the independence of the judiciary is a fundamental pillar of our constitutional arrangements. Judges must be taken to uphold the law. If there is concern that a decision has not upheld the law, there are appeal pathways available to the Crown. Regarding (b), the research referred to by the Cabinet Paper circulated with the Bill indicates that this is not the case.3 Regarding (c), this is not a matter for the Law Society to comment on. However,...

3. LCRO 76/2024 QM v BY (13 December 2024) [pdf, 240 KB]

   ...address each and every element of QM’s complaint, this did not mean that those elements had not been considered by it.4 Application for review [29] QM initially wrote to the New Zealand Law Society on 12 June 2024, advising that she wished to appeal the Committee’s decision. [30] QM set out a background and chronology in her letter, and attached a number of documents which she said were relevant to her complaint. Some of that material does not appear to have been before the Comm...

4. [2012] NZEmpC 68 Postal Workers Union v NZ Post Ltd [pdf, 110 KB]

   ...cases involving an individual employee and ones in the nature of a generalised dispute applicable to a workforce generally. [7] I prefer to approach the issue of costs in this case in accordance with the general approach endorsed by the Court of Appeal in cases such as Binnie, and to 2 At [53]. 3 Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 (CA) at [14]. 4 [2012] NZEmpC 13 at [16]. 5 [2008] ERNZ 91 at [23]. have...

5. Taueki v Procter – Horowhenua (11) Lake (2013) 296 Aotea MB 91 (296 AOT 91) [pdf, 145 KB]

   ...Interested Parties Hearing: 17 January 2013 (Heard at Levin) Appearances: P Taueki in person V Taueki in person Judgment: 25 January 2013 ORAL JUDGMENT OF L R HARVEY Introduction [1] Phillip Taueki has filed an appeal against my decisions issued on 26 November and 18 December 2012. He opposes the appointment of trustees to the Lake Horowhenua Trust and claims that the process of election was flawed for various reasons. He also refers to his...

6. Ferness v Lampeter LCRO 178 / 2010 (18 November 2010) [pdf, 73 KB]

   ...by the fact that similar conclusions have been reached in other jurisdictions. Thus in Inglis Enterprises Ltd v Race Relations Conciliator (1994) 7 PRNZ 404 it was held that the High Court had no jurisdiction to extend time for the making of an appeal where the empowering statute set clear time limits. Some guidance can also be taken from Commerce Commission v Roche Products (New Zealand) Ltd [2003] 2 NZLR 519. In that case the Court of Appeal strictly applied time limits applicabl...

7. FC v RU LCRO 273/2012 (11 July 2014) [pdf, 118 KB]

   ...pay outstanding invoices; that he failed to seal a judgment of the Family Court; that a bill was excessive; that he failed to follow her instructions that all communication be in writing; and that he failed to pay her a refund from the Court of Appeal when an appeal was abandoned. [7] The Committee declined to consider the complaint further, because all but one of the complaints did not warrant disciplinary proceedings, and that with regard to the failure to seal the judgment of th...

8. Complaints Assessment Committee 304 v Christopher Chapman [2017] NZREADT 65 [pdf, 147 KB]

   ...Rather, it reflects the position the Tribunal is now in, given the imminent hearing. [16] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. ___________...

9. Allen v Karena - Te Koau A (2016) 51 Takitimu MB 91 (51 TKT 91) [pdf, 258 KB]

   ...appoint an individual or body unless it is satisfied that the appointment of that individual or body would be broadly acceptable to the beneficiaries. [12] A leading authority in the context of the appointment of trustees is the Court of Appeal judgment Clarke v Karaitiana. 4 In that decision, the importance of the broad acceptability of nominees as well as their relevant skills and experience, were highlighted: 5 [51] The touchstone is s 222(2) itself. In appointing a...

10. T v Mudaliar [2017] NZIACDT 10 (28 July 2017) [pdf, 152 KB]

    ...NZIACDT 79, and subsequently issued an interim decision on sanctions EBT v Mudaliar [2015] NZIACDT 92. The interim decision reserved orders relating to the refund of fees, costs and compensation. Instead of completing the timetable, Mr Mudaliar appealed the interim decision. I understand the District Court refused to deal with the appeal until all the issues relating to sanctions have been resolved. [2] The parties have produced further material relating to the reserved issues....