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1. AJ v Secretary for Justice 4 August 2012 NZRA 000010 [pdf, 124 KB]

   ...Wales. He practised at the Pretoria Bar for more than 20 years. He gained Silk in 1992. He has extensive experience as a trial lawyer in criminal and civil matters in South Africa including appearances as lead counsel in the Supreme Court of Appeal of South Africa. He has held appointment as Acting Justice of the High Court of South Africa. He trained as a Litigation Skills Trainer through the Inns of Court Law School, London and was actively involved in Litigation skills tra...

2. [2013] NZEmpC 105 B v Virgin Australia (NZ) Employment & Crewing Ltd [pdf, 69 KB]

   ...a significant weighting in favour of non- publication in private litigation, as the plaintiff suggests. That is because the principle of open justice applies in both civil and criminal courts. In Clark v Attorney-General (No 1) 5 the Court of Appeal, in dealing with an appeal from the judgment of the High Court declining to make a suppression order in civil proceedings, observed: 6 The corollary of the principle of open justice was, MacKenzie J said, that those persons engaged...

3. [2015] NZEmpC 215 Owen v CE of the Department of Corrections [pdf, 69 KB]

   ...relations. (e) Further opportunities for mediation will occur if the Authority stage of dispute resolution is not excluded. (f) To exclude investigative problem-solving and decision-making will deprive the parties of one general “right of appeal” in the sense that there are now significantly limited rights of challenge to a judgment of this Court even effectively at first instance: see s 214 of the Act. This is not a decisive factor because it applies to all cases removed a...

4. IEAA - 2015 annual report [pdf, 148 KB]

   ANNUAL REPORT OF THE INTERNATIONAL EDUCATION APPEAL AUTHORITY 1 JANUARY 2015 TO 31 DECEMBER 2015 1. During 2015 the IEAA received 36 complaints from international students. There have been no extraneous complaints from the Code Administrator. 2. The number has increased by only one complaint over the 35 complaints received up to 31 December 2014. THE COMPLAINTS STATISTICS FOR 2015  Complaints received from international students 36  Existing complaints carried fo...

5. CAC20006 v Mr D [2013] NZREADT 23 [pdf, 85 KB]

   ...vendor and a serious invasion of her privacy. [11] We noted in the case of Revill v Registrar of the Real Estate Agents Authority [2011] NZREADT 41 that the obligations which a real estate agent has to clients are important. That case involved an appeal/review against the decision of the Registrar to decline a licence application on the grounds that Mr Revill was not a fit and proper person. As it happens, we allowed the review for reasons there set out but at paragraph [22] we said:...

6. REAA CAC 10054 v Hume [2014] NZREADT 10 [pdf, 82 KB]

   ...In a further disciplinary decision against the defendant, he was found to have engaged in unsatisfactory conduct by Complaints Assessment Committee 10054 for failing to properly explain a risk of liability for double commission to clients. Mr Hume appealed to us. We confirmed the Committee’s finding and its penalty of a reprimand and fine of $3,000; Hume v REAA [2013] NZREADT 53. [22] In the present case, the defendant’s then employer, Mr Hocquard of Ray White Whanganui, gave evi...

7. [2014] NZEmpC 88 Mega Wreckers Limited v Taafuli [pdf, 72 KB]

   ...outlined by Mr Bennett in a supporting affidavit in these terms: 1. The plaintiff’s director in this matter Mohamad Hossaini telephoned Abbey Employment Law Specialists on Friday 31 January 2014 to inquire about an employment matter and a de novo appeal to this Court. 2. I was in the offices just checking up on what was happening in my absence having just had hand surgery on Wednesday 29 January 2014 and was on pain relief medication. The pain relief medication was a mixture...

8. FG v PL & ML LCRO 176/2014 (28 November 2014) [pdf, 42 KB]

   ...with some appointed officer a formal statement of (an information, complaint, objection etc)”.3 [22] The Nicholson case concerned the construction of s 73(3) District Courts Act 1947 (now repealed) and whether filing a notice of motion of appeal without the filing fee allowed the Registrar to reject the notice. Barker J held that the Court had jurisdiction under Rule 11 High Court Rules (repealed) to amend the defect of a document being lodged without any accompanying filing...

9. BORA Taxation (Annual Rates, Business Taxation, Kiwisaver, and Remedial Matters) Bill [pdf, 387 KB]

   ...scheme was established to encourage in individuals a long-term savings habit and asset accumulation with the aim of increasing individuals' well being and financial independence, particularly in retirement. New section 101C contributes to the appeal of the KiwiSaver scheme with the promise of compulsory employer contributions to an employee's KiwiSaver fund. 12. The purpose of the age distinction is to avoid creating an incentive for those aged 16 or 17 to leave educational tra...

10. BORA Land Transport Amendment Bill [pdf, 294 KB]

    ...election to have a blood test and the right to be advised of that right, conferred by s 70A, must be regarded as providing effective protection against the consequences of an error in a breath screening test or an evidential breath test. 8.The Court of Appeal in R v Aylwin 2 provided a broader perspective on the right to elect a blood test: It may at first blush seem unfair that the defence of error in the result of breath tests has been removed. However, at the same time as s 64(4) wa...