Search Results

1. 2021 Decisions of public interest

   [2021] NZEmpC 217 Humphreys v Humphreys and Chief Executive of the Ministry of Health (Judgment of Chief Judge Christina Inglis, 8 December 2021) APPLICATION FOR SECTION 6 DECLARATION - DISABILITY CARE - severely mentally disabled adult could not have employed the applicant in spite of Gazette notice - applicant was engaged by the Minister of Health - caring for severely mentally disabled adult was a responsibility of the Minister of Health under international oblig...

   Located in:

   1. Employment Court >
   2. Judgments >
   3. Decisions of public interest

2. Mihaka v Housing New Zealand Corporation (Recusal Application) [2017] NZHRRT 7 [pdf, 227 KB]

   ...recused herself. The bias test as set out in Siemer v Heron [Recusal] [2011] NZSC 116, [2012] 1 NZLR 293 at [11] is whether a fair-minded and informed lay observer might reasonably apprehend that there is a real and not remote possibility that the judge might not bring an impartial mind to the resolution of the question the judge is required to decide. [23] The Panel members who will hear the case are (presently) the Chairperson and Panel members Ms Deborah Hart of Wellington and Mr K...

3. Pou - Maungakawakawa 6B, 6B1, 6B2, 6B3 and 6B4 [2018] Chief Judge's MB 725 [pdf, 311 KB]

   2018 Chief Judge’s MB 725 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20130009242 CJ 2013/26 UNDER Section 45, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Maungakawakawa 6B, 6B1, 6B2, 6B3 and 6B4 CONCERNING TE IRIHAPETI POU AND TE RINGAKAHA TIA-WARD Applicants Hearing: 6 July 2018, 2018 Chief Judge’s MB 343-364 (Heard at Whangarei) Judgment: 30 October 2018 DECISION OF DEPUTY CHIEF JUDGE C L FOX...

4. Howard v Accident Compensation Corporation (Late appeal to the High Court) [2023] NZACC 25 [pdf, 337 KB]

   ...BETWEEN MAREE HOWARD Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Appearances: J Howard for the Applicant P McBride for the Respondent Judgment: 21 February 2023 JUDGMENT OF JUDGE D L HENARE [Leave to Appeal to the High Court – Section 162(1) Accident Compensation Act 2001] Introduction [1] This is an application for leave to appeal against a judgment of His Honour Judge P R Spiller, delivered on 18 August...

5. [2023] NZEmpC 224 Medina Trading Ltd T/A Hotel Debrett v Hunter [pdf, 270 KB]

   ...Plaintiff AND SCARLET HUNTER Defendant Hearing: On the papers Appearances: R Towner, counsel for plaintiff S Mitchell KC, counsel for defendant Judgment: 7 December 2023 PRELIMINARY JUDGMENT OF JUDGE KATHRYN BECK [1] This decision resolves a dispute between the parties as to the proper nature and scope of the challenge which is being pursued and, in particular, considers whether a de novo challenge can be issued against only part of...

6. Costs & disbursements

   ...this section, ‘costs’ refers to the expense of hiring a lawyer. ‘Disbursements’ refers to the expenses you incur in taking the proceeding (other than the lawyer’s fees), for example, the court filing fees. After a judgment is delivered the judge may: order the unsuccessful party to pay the costs and/or disbursements of the successful party order that costs lie where they fall, so no party is ordered to pay for the costs of the other (that is, the parties pay their own costs) reserve...

   Located in:

   1. Courts >
   2. Going to court >
   3. Going to court without a lawyer >
   4. Representing yourself in a civil case in the High Court

7. Judgment delivery expectations

   All judges aim to deliver their judgments as quickly as possible.  The judges of the Employment Court expect that 90% of judgments will be delivered within three months of the last day of the hearing or receipt of the last submissions, whichever is later. The three month period does not include court vacations or other periods of judges’ leave.  A judge may sometimes tell the parties at the hearing that the judgment will take longer than three months to deliver because the...

   Located in:

   1. Employment Court

8. Watson v Parker - Torere 64 Incorporation [2015] Māori Appellate Court MB 655 (2015 APPEAL 655) [pdf, 155 KB]

   ...269(6), Te Ture Whenua Māori Act 1993 IN THE MATTER OF Torere 64 Incorporation BETWEEN GARRY MAX WATSON Appellant AND AMIRIA PARKER, TANIA MIHAERE, WIRANGI PERA AND CHRISTINE PETERS Respondents Coram Judge P J Savage Judge D J Ambler Judge M J Doogan Date 12 November 2015 MINUTE OF THE MĀORI APPELLATE COURT Copies to: Curtis Bidois, East Brewster Lawyers, P O Box 1742, R...

9. MLC - 2012 November - World indigenous housing conference 2012 [pdf, 325 KB]

   Māori Land Court | Judge’s Corner Judge D J Ambler World Indigenous housing conference 2012 November 2012 In June of this year I had the privilege of attending the first World Indigenous Housing Conference in Canada where I presented a paper - Housing on Māori land: A Judge’s perspective. There was a strong contingent from New Zealand including the Honourable Tariana Turia. Delegates also attended from Australia, the USA and, as expected, Canada. It was held in the city...

10. [2020] NZEmpC 229 Lorigan v Infinity Automotive Ltd [pdf, 223 KB]

    ...and has displayed a lack of objectivity. Mr Lorigan also made a number of abusive statements about the conduct of his case by the Court, asserting that a lack of impartiality was demonstrated in the various decisions. He also says a panel of judges should be substituted to deal with his case. [18] Infinity opposes the application. Its counsel, Mr Towner, submits the application is wholly without merit and that there is no basis for recusal on established principles. He argued...