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1. Iosefa v New Zealand Law Society [2024] NZLCDT 26 (28 August 2024) [pdf, 119 KB]

   ...character regaining features can be discerned. 6 [11] It is always necessary to scrutinise the case with special attention to the reasons for earlier strike off. Insight and alteration of attitude is necessary. But there is no prescribed form of words or formula to pave the path to a successful application. The assessment of character is necessarily organic, primarily between the Tribunal members and the applicant. In this case, all five members convened in the morning w...

2. 3-Strikes-Proactive-Release-OIA-Requests_Final_Part3.pdf [pdf, 13 MB]

   3  impact on Māori/Treaty implica ons and  general refinement of the RIA. The RIA is also yet to go through the internal RIA QA Panel process. @NZ Police and Crown Law and Correc ons - we have tracked specific ques ons for your agencies. @Crown Law – we’ll also come back to you to discuss li ga on costs. @Ātea a Rangi – we’d like to discuss the implica ons for Māori in more detail with you. We’ll be in touch separately. Please do not hesitate to contact myself, Sop

3. 3-Strikes-Proactive-Release-OIA-Requests_Final_Part5.pdf [pdf, 12 MB]

   2 I have changed the submission in CabNet to Budget sensi ve, but the paper itself s ll says in confidence. Do you want to upload a new version of the actual paper with the Budget classifica on? I haven’t shut it down yet, so you or your agency can s ll do this. Rachel Rachel Clarke Senior Advisor Cabinet Office, Te tari o te Kōmiti Matua Executive Wing Parliament Buildings Wellington 6011, New Zealand DDI: +64-4-830-5020 Email: rachel.clarke@dpmc.govt.nz The informatio

4. [2024] NZEnvC 261 Ngati Rarua Settlement Trust v Marlborough District Council [pdf, 428 KB]

   ...Skilton, dated 24 June 2024. 4 consent, rather than representing a decision or determination on the merits pursuant to s297. That is on my understanding for present purposes that: (a) all parties to the proceedings have executed the memorandum requesting this order; and (b) all parties are satisfied that all matters proposed for the court’s endorsement fall within the court’s jurisdiction and conform to the relevant requirements and objectives of the RMA including, in p...

5. [2024] NZEmpC 253 Johnston v Te Whatu Ora - Health New Zealand [pdf, 233 KB]

   ...Johnston without meeting the obligation to support him. Further, she submitted that the notification was a critical element of the employer’s decision-making process that is being challenged. Therefore, she submitted that the notification to OTBNZ forms part of his personal grievance for unjustified dismissal. [19] In respect of the first question of law, Ms Fechney submitted that the notification was premature and breached the employer’s obligations to explore reasonable ac...

6. 2017 Decisions of public interest

   ...EXTENSION OF TIME TO CHALLENGE – whether s179 or s 178(3) available when Authority declines application to remove – statutory interpretation – s 178(3) appropriate route – Act does not contemplate two alternative routes for challenge - questions as formed at Authority do not constrain applicant or Court – no presumption for or against removal to Court-  what constitutes important issue of law considered - important of law established -  application granted. [2017] NZEmpC 156...

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   3. Decisions of public interest

7. Access to Justice Legal Needs Survey Final Report - October 2024 [pdf, 1.5 MB]

   ...help ................................................................................................... 82 4.1 The impact of Covid on getting help or advice ....................................................................... 82 4.2 Seeking information or help themselves (self-help) ............................................................... 85 4.3 Usefulness of self-help sources ............................................................................................... 86

8. Criminal Procedure Act 2011: caseload performance for first 12 months [pdf, 672 KB]

   ...is a key feature of the review stage. The CMM is filed with the court prior to the case review hearing. Matters raised in a CMM may include the defendant’s intention to plead guilty, the prosecutor’s intention to amend or withdraw charges, a request for a sentence indication or an application for a pre-trial admissibility hearing. The CMM allows the court to focus on the matters raised at the case review hearing and to allow the court to resolve any outstanding issue that can be...

9. EMPC Memorial sitting John Haigh QC [pdf, 180 KB]

   ...to come here to this largest courtroom to allow those of us who wish to pay our respects, to do so. I should first introduce my colleagues sitting on the Bench with me today and simply, in directional order, on my far right is Judge Coral Shaw, formerly a Judge of the Employment Court and now a Judge of the United Nations Disputes Tribunal. Next to her is the Honourable Justice Kit Toogood. To my left is his Honour Judge Barrie Travis, next to him her Honour Judge Christina Inglis...

10. [2006] NZEmpC AC 63/06 Whelan v Attorney-General for CE of the Children and Young Persons Service [pdf, 112 KB]

    ...were kind enough to indicate that once the Court had made findings they would be happy to carry out their calculations based on them. I accept that offer with alacrity and therefore will reserve the final figure for future lost earnings. I would request the figures be calculated by the actuaries, and hopefully agreed, with leave to apply to the Court if agreement proves impossible. The final figure will be higher than Mr Errington’s recalculations which he produced on 21 July 2...