Search Results

1. dcj-eoi-form-2024-Word-version [docx, 25 KB]

   Expression of Interest to be appointed to the Bench of the District Court Section 15 of the District Court Act 2016 specifies that no person shall be appointed a Judge unless they have held a practising certificate as a barrister or solicitor for at least seven years. Personal details Full name Full postal address (the address to which mail should be sent) Contact telephone no. Mob Email Do not supply any contact details that you do not wish to have used. Date of birth Day Mon...

2. [2022] NZACC 36 - Soulsby v ACC (11 March 2022) [pdf, 156 KB]

   ...Hearing: On the papers Appearances: Mr J Robinson, advocate for the appellant Ms F Becroft for the respondent Judgment: 11 March 2022 ____________________________________________________________________ RESERVED JUDGMENT AS TO COSTS OF JUDGE C J McGUIRE ____________________________________________________________________ [1] This is a judgment as to costs following the substantive judgment in this matter dated 5 November 2021 which allowed the appellant’s appeal....

3. [2018] NZEnvC 089 Auckland Council v Braines [pdf, 8.2 MB]

   ...No. [2018] NZEnvC CY(;f} the Resource Management Act 1991 of an application for ex parte interim enforcement orders under s 320 of the Act AUCKLAND COUNCIL Applicant (ENV-2018-AKL-000102) KENNETH IAN BRAINES Respondent Court: Environment Judge D A Kirkpatrick, sitting alone under ss 279(1)(d), 309(2) and 320 of the Act Date: 12 June 2018 DECISION ON EX PARTE APPLICATION FOR INTERIM ENFORCEMENT ORDERS ORDERS A. The Court makes the following interim enforcement orders ag...

4. Savage v Adlam – Lot 39A Sec 2A Parish of Matatā (2014) 95 Waiariki MB 176 (95 WAR 176) [pdf, 561 KB]

   ...Milroy, for the Second Respondent and Second Fourth Respondents Mr D Dowthwaite, for the Third Respondent and First Fourth Respondents Mr P Mulligan, for the Fifth Respondent Judgment: 17 April 2014 RESERVED JUDGMENT OF JUDGE C T COXHEAD Copies to: Mr M Armstrong, Aurere Law Barristers and Solicitors, DX JP30025, Rotorua 3010 Email: miharo@aurere.com Mr J Billington QC, DX CX10258 Auckland 1010 Email: jb@shortlandchambers.co.nz Mr D Hughes,...

5. Proactive-release-Re-written-Evidence-Regulations-6-July.pdf [pdf, 1023 KB]

   ...video evidence is kept as secure as possible, the SOP adds a judicial discretion to impose conditions on people's access to pre-recorded evidence, for example when preparing for the trial. 11. The SOP also adds a regulation-making power for the judge to restrict media attendance at a pre-recorded cross-examination. Pre-recording aims to limit complainants’ exposure to strangers when telling their story [CAB-19-MIN-0039 refers]. Regulations may be required as under the Criminal Proc...

6. Reid v New Zealand Law Society [2023] NZLCDT 7 (24 March 2023) [pdf, 248 KB]

   ...Ms Reid, there was no question about his technical competence to practise. The question was whether he could be entrusted with the responsibilities of a lawyer as a fit and proper person. One law firm wrote in opposition but many references from judges and practitioners supported his application. Several referees had direct, recent business dealings with him and were able to speak of his character in those matters. Unusually, his application was supported by the Auckland District La...

7. Jury-Trials-Timeliness-cabinet-material_FINAL.pdf [pdf, 399 KB]

   ...to three years or more imprisonment, would reduce the inflow of active jury trial cases by seven percent and the number of predicted active jury trial cases by 17 percent by January 2030; 2 Conviction rates are generally lower for jury trials than judge-alone trial cases that involve offending with lower maximum penalties. For example, between 2021-2023, jury trials had on average a 57% conviction rate for offences with a three-year maximum penalty, compared to 66% of offences tried by a j...

8. [2013] NZEmpC 79 Auckland Council v George [pdf, 117 KB]

   ...memoranda of the parties dated 9 May 2013 and urgent telephone conference on 10 May 2013 Counsel: Tim Clarke, counsel for plaintiff representing Mr Eaton Tony Drake, counsel for defendant Judgment: 10 May 2013 INTERLOCUTORY JUDGMENT OF JUDGE CHRISTINA INGLIS [APPLICATION TO SET ASIDE WITNESS SUMMONS] [1] There are two related proceedings set down for a two week fixture commencing on Monday 13 May 2013, less than one working day away. On 8 May 2013 one of the propo...

9. LCRO 240-2015 OB v LC [pdf, 103 KB]

   ...protected person. [3] Ms B, who says she is a friend of G, instructed Mr K as her lawyer. It appears that Ms B wanted G to be able to smoke in a place where smoking was restricted or prohibited. [4] Counsel, including Mr LC and Mr K, appeared before Judge I at a third judicial conference in the X Court on [date]. It appears Mr K was unable to explain Ms B’s position to the Court to the satisfaction of Judge I. Matters went awry. 2 [5] Judge I wrote to the New Zealand La...

10. [2010] NCZA 547 CA552/2009 A Worker v A Farmer [pdf, 31 KB]

    ...accordingly found that the personal grievance of unjustifiable dismissal was not sustained and the appeal was allowed.2 [4] Subsequently, this Court granted leave to the worker to appeal on the following question:3 On the facts found by the Judge, was it open to him to find: (1) the contract was frustrated; and therefore (2) there was no dismissal or other relevant action by the farmer; so that (3) s 103A [of the Employment Relations Act 2000] has no application....