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1. Rapana v Anderson - Te Kōmiti Matua o te Haahi Rātana (2024) 492 Aotea MB 95 (492 AOT 95) [pdf, 335 KB]

   ...recognise either of them as the properly constituted Komiti Matua. (c) The making of a representation order will address the issues and provide clarity for everyone associated with Te Haahi. (d) The issue cannot be resolved out of Court, as previous requests from the applicant Komiti for mediation have not been agreed to by the respondent Komiti. (e) The representation order will apply until the next Hui Whakapūmau and thus is of limited purposes but of immediate relevance. N...

2. Auckland Standards Committee v Johnston [2011] NZLCDT 14 [pdf, 207 KB]

   ...already made firm and specific arrangements independently of the practitioner for an appropriate avenue for the lending or borrowing of money. (3) Practitioners are referred for further guidance, particularly in regard to the need for the fully informed consent of clients, to the judgment of the Privy Council in Clark Boyce v Mouat [1993] 3 NZLR 641. 6 (4) Nothing in paragraph 2(iv) of this rule shall require separate independent advice to be obtained.” “Solicit...

3. Improving the justice response to victims of sexual violence: victims experiences [pdf, 1.6 MB]

   ...offending in wide ranging ways, but particularly in relation to their emotional and mental health. These effects can be long- lasting, and affect relationships, wider family/whānau, study and work11. In 2014, the Ministry of Justice formally requested that the Law Commission report on the justice response to victims of sexual violence. The subsequent report (2015)12 considered whether the processes for justice in cases of sexual violence required changing to improve fairness, eff...

4. Justice Sector forecast monitoring report quarter ending December 2015 [pdf, 248 KB]

   ...remitted to Community Work was 15.0% below forecast for the quarter, reflecting a trend towards setting up payment schemes for monetary penalties rather than resorting to remittal.  Community sentences: Community Work sentence starts, which form the majority of community sentence starts, were 3.4% below forecast for the quarter. Community Detention was 3.7% below forecast and Intensive Supervision was 4.3% above forecast for the quarter. Home Detention was 6.2% below forecast a...

5. [2011] NZEmpC 98 Snowdon v Radio New Zealand Ltd [pdf, 90 KB]

   ...plaintiff both during the time that I have been involved and as recorded in a variety of judgments of this Court by my predecessor. I have a concern as to when, if ever, these proceedings would be brought on if I adjourn the fraud proceedings as requested by the plaintiff. [2] I am also very moved by the affidavit evidence before me from Radio New Zealand’s witnesses as to their health, their difficulties with this set of proceedings and the effect it has on them. As might hav...

6. [2010] NZEmpC 7 Precision Tracking (NZ) Ltd v Tai [pdf, 15 KB]

   ...plaintiff within 1 working day a series of documents which the plaintiff claimed were relevant to matters in the proceedings before them and in particular to the plaintiff’s allegation that the defendant has used the plaintiff’s confidential information. Because this matter was set down for an urgent hearing in Christchurch starting on Wednesday 27 January 2010, the application was dealt with urgently in chambers by way of a telephone conference call. [2] After receiving subm...

7. [2010] NZEmpC 14 Mars Petcare NZ Ltd v MCWU & Ors [pdf, 16 KB]

   ...application for interlocutory injunction when time was available on Monday 29 March 2010. The plaintiff did not seek any orders from the Court on that occasion and no directions were given. [4] Unfortunately, very shortly after midday today, a request was received from the plaintiff’s solicitors for a hearing at 3 pm this afternoon. Mr Clarke was able to file a statement of defence on behalf of the defendants although, as I have already said, they have not been able to supply...

8. [2012] NZEmpC 55 Maritime Union of NZ Inc v Ports of Auckland [pdf, 92 KB]

   ...the Court, however, I would like to commend the parties on both sides in open Court on this resolution which enables the parties to proceed in a more constructive manner. I would also recommend that neither side take from today’s agreement any form of self-congratulation in the press, because that will only possibly exacerbate the situation that exists at the moment. I would urge the parties to put their efforts not into press statements but into trying to achieve a mediated set...

9. WHT - Chair's directions for expert witnesses [pdf, 83 KB]

   ...Describe the ambit of the evidence given and state either that the evidence is within the expert’s area of expertise, or that the witness is relying on some other (identified) evidence; g) The data, information, facts, and assumptions considered in forming the expert’s opinions; h) State the reasons for the opinions expressed; i) State that the expert witness has not omitted to consider material facts known to the witness that might alter or detract from the opinions expressed; j...

10. Exemption order Dairy Industry Superannuation Scheme and the Fonterra Superannuation Scheme [pdf, 32 KB]

    ...Dairy Industry Superannuation Scheme and the Fonterra Superannuation Scheme that enable members to contribute to the relevant Scheme voluntarily other than through payroll. This includes the ability of the Trustees to accept contributions in any form, in its or their absolute discretion. b. The Schemes must remain registered superannuation schemes as defined under the Superannuation Schemes Act 1989, or registered schemes under the Financial Markets Conduct Act 2013, as applicable....