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1. BORA Maritime Transport Amendment Bill [pdf, 185 KB]

   ...the power to perform the test, and b. provide the worker with a written statement containing information about the purpose of the test, how it will be carried out, the consequences of refusing or failing the test, and the right to appeal and to request a second test. 22. We therefore consider the powers contained in the Bill for both Director and DAMP operator testing are reasonable, and do not breach s 21 of the Bill of Rights Act. Conclusion 23. We have concluded that the Bill a...

2. Nicholas v Official Assignee - Lot 6 Deposited Plan South Auckland 34349 [2021] Maori Appellate Court MB 312 (2021 APPEAL 312) [pdf, 234 KB]

   ...indemnity costs because the appeal lacked merit and realism. His actual costs were $53,223.53, excluding the costs associated with his unsuccessful strike out application. He seeks 80% of those costs, being $42,578.82. [6] In response to our request for submissions on the appropriate costs scale to be applied should we not award indemnity costs, counsel for the Official Assignee submits that the District Court scale would not be appropriate for this matter and that the most approp...

3. Chand v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 61 [pdf, 196 KB]

   ...4 (ii) The contended point of law must be “capable of bona fide and serious argument” to qualify for the grant of leave …; (iii) Care must be taken to avoid allowing issues of fact to be dressed up as questions of law; appeals on the former being proscribed …; (iv) Where an appeal is limited to questions of law, a mixed question of law and fact is a matter of law …; (v) A decision-maker's treatment of facts can amount to an error of law. There will be an err...

4. [2022] NZEmpC 126 Henderson Travels Ltd v Kaur [pdf, 194 KB]

   ...the position of a plaintiff because she did not challenge the determination or file a counterclaim. She did, however, raise positive defences and seeks an uplift in the remedies awarded to her by the Authority in two respects. One of them is a request to increase the compensation awarded to her under s 123(1)(c)(i) and the other is for enhanced penalties. [24] The company’s challenge means the Court is required to hear the whole matter again and to reach its own conclusions....

5. [2006] NZEmpC AC 40/06 Saipe v Waitakere Enterprise Trust Board [pdf, 63 KB]

   ...admissions and denials required to be pleaded, specifies certain further matters upon which the defence to the challenge is based. This is in order to provide reasonable particularity so that the plaintiff and the Court are fully and fairly informed with the nature and details of the defence. Further, the amended statement of defence contains an indication of the defendant’s view of the appropriate nature and extent of the hearing. The Strike Out Application [6]...

6. PDLA nationwide holiday roster guidelines [pdf, 160 KB]

   ...service over the holiday period will run from 6pm on 16 December 2022 and will end 6am on 9 January 2023. The existing PDLA rosters/lists and rates will return to normal at 6am on 9 January 2023. All calls received after this time should be claimed at the per call rate of $75.00, on the usual PDLA invoice form. Copies of the roster and other resources The most up to date version of the roster will be available on our website below: Duty lawyers | New Zealand Ministry of Just...

7. Payne - Estate of Hami Te Maunu (2013) 2013 Chief Judge's MB 598 (2013 CJ 598) [pdf, 303 KB]

   ...terms of section 92 of “the Native Land Court Act, 1894”. [67] The case is then set out under the heading “case”. At the foot of the document it states as follows: The question on which the opinion of this Honourable Court is requested is whether the recognition of the custom of adoption as conferring a right to succeed to the interest of the deceased is repugnant to the terms of the restriction, and therefore inadmissible. The fact of adoption is not disputed....

8. Supplementary advice on proposed Criminal Cases Review Commission model - Redacted [pdf, 319 KB]

   ...45.3. preserves the authority of the Governor-General to exercise the prerogative powers delegated by the Letter Patent, albeit that the occasion for exercise of those powers will be extremely rare, and 45.4. enables the Minister of Justice, to request the opinion of the CCRC on a matter related to the possible exercise of the prerogative of mercy, for example on an application for a free pardon. 46. On balance, responses to targeted consultation tended to agree that it was vital for t...

9. Hawkes Bay Standards Committee v Clarkson [2012] NZLCDT 37 [pdf, 73 KB]

   ...did not perform the orders because she thought an appeal had been lodged. During this period she was continually indicating she intended to comply, but in the end she simply failed to do so. [29] Ms Clarkson’s next ground in support of her request for a discharge without conviction was that once she was served with the charges she took advice and agreed to perform the various requirements. She considered the obligations placed on her to be onerous and disproportionate to the...

10. Kashimoto v Mizoguchi [2016] NZIACDT 74 (21 November 2016) [pdf, 257 KB]

    ...refund of 50% of the professional fees would be appropriate. [12] Mr Mizoguchi opposed the medical expenses, as they were double counted, or required to support applications he was not responsible for. [13] Mr Mizoguchi took issue with the costs claimed by the complainant, contending they were not reasonable and involved matters beyond the complaint. [14] Mr Mizoguchi also took issue with the Registrar’s characterisation of his conduct as wilful, as the complaint was not pa...