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1. Coroner Hawkes Bay: Position profile [pdf, 165 KB]

   ...coroner's appointment or at any other time, and may be given more than once in respect of the same coroner. 4 The Attorney-General may (after consultation with the Minister of Justice) authorise a coroner to act part-time only – (a) at the request of the coroner; and (b) with the concurrence of the Chief Coroner. In considering whether to concur, the Chief Coroner must have regard to the need for coronial investigations to be conducted in an orderly and expeditious...

2. [2019] NZEmpC 57 Cornish Truck & Van Ltd v Gildenhuys [pdf, 235 KB]

   ...documents, together with compiling an index and 5 Xtreme Dining Ltd t/a Think Steel v Dewar [2017] NZEmpC 10 at [32]. providing copies. He also said that Mr Gildenhuys had to respond to a request from Cornish Trucks regarding further documentation. In his original claim, Mr Gildenhuys had sought a further day for preparation of the common bundle but concedes that two days in total, covering both the list of documents on dis...

3. WQ v Emberson [2019] NZIACDT 39 Sanctions (14 June 2019) [pdf, 102 KB]

   ...care and in a timely manner. SUBMISSIONS [9] Counsel for the Registrar, Ms Pragji, in her submissions (22 May 2019) contends that Ms Emberson should be cautioned or censured. [10] The complainant sent an email to the Tribunal on 25 May 2019 requesting the Tribunal not to impose any penalty on Ms Emberson. He did not want her to pay anything to him. [11] There were no submissions from Ms Emberson. JURISDICTION [12] The Tribunal’s jurisdiction to award sanctions is set o...

4. Ngakoti v Department of Conservation - Ngaiotonga A3 [2019] Maori Appellate Court MB 213 (2019 APPEAL 213) [pdf, 211 KB]

   ...1080 over the PCA, the owners or tikanga Māori. [29] The Court found that it did not have jurisdiction to grant an injunction over public conservation lands, nothing further. The appellants are not entitled to plead an issue on appeal which formed no basis of the lower Court’s decision. For this reason, this fundamental aspect of the appeal would clearly fail. Decision [30] We are mindful that there is a right to a first appeal and r 8.14 should not be used as a mechanism t...

5. Ford - Estate of Amiria Bowden (2018) 390 Aotea MB 25 (390 AOT 25) [pdf, 275 KB]

   ...Ford, argued that I was wrong to conclude that the deceased could not dispose of the additional interests by will because she did not own them at the date of her death. I granted the application for a rehearing, to take place in Hastings at the request of Mr Ford. [5] Judge Harvey heard evidence and arguments on 4 July 2018 in Hastings and referred the matter back to me for a final decision. Background [6] The interests in Ōtaki 139 and Waiorongomai 1XA were held by Pirimi Tah...

6. [2020] NZEmpC 137 Sinton v Coatesville Motors 2013 Ltd [pdf, 145 KB]

   ...holiday pay. It also found that there was no basis for his claim of a fuel allowance of $1,750. [12] The defendant filed its own counterclaim in relation to monies it said were owed to it in relation to failure to return company property (uniforms), failure to pay employment-related debts and reimbursement of the cost of a training course. [13] The Authority found that the plaintiff owed the defendant $380 for unreturned uniforms but did not uphold the rest of the defendant’s...

7. CoCA Fixed Fees Schedule Jul 2020 [pdf, 173 KB]

   ...directionsβ* $190 For 3 July 2020 Pre-Hearing matters Activity Fees Tasks • Complying with directions from the Judge, such as updating affidavits or drug testing Specialist Reports * $190 each For • Considering: o a specialist report requested by the court under sections 132 and 133 o a Lawyer for Child report • Reporting to client Formal Proof Hearing(s) – Preparation * $140 For • Preparing for formal proof hearing • Receiving and advising on spe...

8. LCRO 162/2019 SD, JK and DZ v RE (5 May 2020) [pdf, 92 KB]

   ...the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It involves the LCRO coming to his or her own view of the fairness of the substance and process of a Committee’s determination. Discussion [11] The application for review contains three elements: (a) New...

9. [2021] NZEmpC 16 Bowen v Bank of New Zealand [pdf, 184 KB]

   ...[8] She relies on the Court’s equity and good conscience jurisdiction in relation to evidence under s 189 of the Act and says the Court should allow the affidavit to remain in full. Affidavit is to be limited to reply evidence [9] As the form and content of affidavits in reply are not addressed in the Act or the Employment Court Regulations 2000, the Court looks to the High Court Rules 2016 for guidance.1 Under the High Court Rules, affidavits must be confined to matters t...

10. 2021-03-02 Minute - PC7 - case management [pdf, 122 KB]

    ...(ORC@justice.govt.nz) to obtain the link and password to join. When responding, the Registry will make arrangements for a suitable time to test that the participant is able to join remotely. The court expects all persons to follow the Registry’s requests for testing remote participation. When connecting to the hearing, when prompted to enter their name, persons will need to identify the party they are appearing for and their name. For example, “ORC – Phillip Maw”. The ho...