Search Results

1. Recusal guidelines [pdf, 81 KB]

   ...coroner must, after consulting with the Attorney-General, develop and publish guidelines to assist coroners to decide if they should recuse themselves from an inquiry. These guidelines are designed to assist coroners to make his or her own choices, informed by a checklist of general principles. The general principles they identify underpin the legitimacy of judicial function which is essential to any society organised by law. As stated in the Guidelines for Judicial Conduct March 2013:...

2. Consolidated Practice Directions 2016. [pdf, 139 KB]

   EMPLOYMENT COURT PRACTICE DIRECTIONS October 2016 Except to the extent that former Practice Directions are hereby revoked, these directions will apply in addition to those previously issued and which may be conveniently found on the Employment Court’s website at: http://www.employmentcourt.govt.nz/legislation-and-rules 1. Full Courts 1. Pursuant to s 209 of the Employment Relations Act 2000 the Chief Judge may direct that a full Court of three or more Judges shall hea

3. [2019] NZEmpC 146 Alkazaz v Asparona Ltd [pdf, 220 KB]

   ...penalty claims were not raised in the first instance before the Authority and are therefore outside the jurisdiction of the Court to consider. There may also be limitation issues in respect of those claims. [10] As indicated, it is not possible to form any concluded view on the merits, but, on an inferential basis, Mr Alkazaz will have difficult hurdles to overcome with his claims. [11] The Employment Court applies the provisions of the High Court Rules 2016 when dealing with...

4. Coroner position profile [pdf, 164 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...

5. [2018] NZEmpC 126 Johnstone v Kinetic Employment Ltd [pdf, 261 KB]

   ...time for forensic examination:1 (a) all computer system(s) in their possession and control; 1 Johnstone v Kinetic Employment Ltd [2018] NZERA Auckland 218. (b) all passwords and other information, tools or devices necessary to access and copy for the Authority and Kinetic Employment Ltd (KEL) in order to review the computer system(s); and (c) documents (electronic and hard copy) containing any confidential information...

6. Wai 2800 2.5.1 [pdf, 106 KB]

   ...discretion to defer its inquiry into any claim for sufficient reason (sections 6AA(2) and 7(1A) of the Treaty of Waitangi Act 1975). This does not limit the ability of claimants to particularise their existing grievances or the Tribunal’s ability to request them to do so. Districts 18. The standing panel will consider remaining historical claims, as specified above, that arise in the south-western North Island, the South Island and the Chatham Islands, comprising the following inquir...

7. [2019] NZEmpC 94 Allen Chambers Limited v Pelabon [pdf, 270 KB]

   ...[16] I am not satisfied that the submission made by Mr Laracy as to a Calderbank offer should result in any adjustment. First, indemnity costs are not sought. Second, the offer was not in fact one to compromise the judgment sum. It was merely a request for immediate payment on the basis that the plaintiffs withdraw the challenge, and thus avoid enforcement. This offer should be placed to one side for cost purposes. [17] Mr Chambers’ reference to matters of history in this procee...

8. [2020] NZEmpC 238 Neil v New Zealand Nurses Organisation [pdf, 211 KB]

   ...disclose no reasonably arguable cause of action, defence or case appropriate to the nature of the pleading, or are otherwise an abuse of the process of the Court. [2] The paragraphs deal with two alleged communications: (a) an alleged request for a bullying complaint to be put in writing (claimed in paras 136, 137(a), 137(b) and 136(c)); and (b) a claim that particular individuals said that the New Zealand Nurses Organisation (NZNO) office at Tauranga was dysfunctional a...

9. Fox - Omuriwaka Maori Reservation (2020) 246 Waiariki MB 139 (246 WAR 139) [pdf, 173 KB]

   ...no objection to the replacement trustees, who were duly appointed. However, as foreshadowed, I pointed out to Ms Te Pairi that, in accordance with Judge Coxhead’s earlier decision, he had determined she was ineligible to stand. Ms Te Pairi requested reasons for why she was ineligible, and I undertook to confirm the situation in due course. [11] Having now reread Judge Coxhead’s decision, it is evident that he had determined the then trustees were ineligible for re-election b...

10. Youth Court FAQs for Professionals at Alert Level 3 - August 2020 [pdf, 91 KB]

    ...Youth Court professionals should continue to provide reports to the Court as normal. Reports should be submitted by email to the registry no later than two working days before the hearing. During Alert Level 3, it is preferred that any information requested by the Court is provided in writing in advance of the hearing, including any Lay Advocate submissions. This will allow the presiding Judge the opportunity to consider the matter on the papers, before convening a hearing as require...