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1. SN v D Ltd [2022] NZDT 168 (4 October 2022) [pdf, 283 KB]

   ...that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than...

2. [2023] NZIACDT 5 - SM v KIM (15 February 2023) [pdf, 253 KB]

   ...matters and not for the overseas recruitment service, an independent business. It was not relevant to the immigration matters, so there was no requirement for the fee to be included in the client agreement. Whether that fee was reasonable was to be judged by the market, not the Code. The complaint was false and malicious. 8 [40] Mr Kim repeated his explanation in an email to the Authority on 20 June 2022. They were not informed by the complainant or the employer of the earl...

3. Engelbrecht TRI-2020-100-007 Procedural Order 6 [pdf, 185 KB]

   ...arguable cause of action or defence. The jurisdiction is wider than that of the High Court and it can be fair and appropriate “to strike out a party in circumstances other than where no reasonable cause of action is disclosed”.1 [4] The learned Judge in Vero Insurance2 adopted the comments of Katz J in Saffioti v Jim Stephenson Architect Ltd3 urging caution in removing a party: [44] Nevertheless, it is my view that the cases where it will be “fair and appropriate” for the...

4. Wilton TRI-2021-100-002 Procedural Order 4 [pdf, 230 KB]

   ...rejected. The expression “substantial merit” denotes claims which “do require serious consideration by the Tribunal”. [59] The approach in Trustees Executors found favour in the High Court’s judgment in Clearwater Cove.14 The learned Judge said that the nature of litigation is that one party will generally be unsuccessful. It did not follow that their claims or defences lacked substantial merit. The inquiry into whether there was a lack of substantial merit has to...

5. Greenslade v Commissioner of Police (Privacy Act) [2021] NZHRRT 54 [pdf, 184 KB]

   ...required” in section 57 can give rise to an inference that the section was intended only to apply to information required for legitimate and lawful assessments of applicants. He cites academic commentary from Mr Ian McKay “Interpreting Statutes – A Judge’s View” [2000] Otago Law Review 743, which supports an interpretation that words that have been omitted by mistake or inadvertence can be supplied, if it is obvious for the context that they are intended. 9 He says tha...

6. 2022-04-01 ORC - Closing Submissions [pdf, 230 KB]

   ...experts. The underlying principle concerning the weight to be placed on expert evidence (including the impact of cross-examination on the assessment of that evidence) stems from the Environment Court decision in Shirley Primary School,27 where Judge Jackson stated: [144] In assessing the expert evidence (including rebuttal and cross- examination) on any issue we have to take into account and evaluate (inter alia) the following factors: (1) the strength of the qualifications and...

7. Mitchell v Corrections [2023] NZHRRT 18 [pdf, 204 KB]

   ...IPP 11.9 [43] It is undisputed that the disclosure of 47 pages of PC01 forms was made by Corrections to Police on 31 August 2015. The disclosure was made following a chain of requests put in motion after a request for further information by a Judge in a pre-hearing matter involving criminal charges against Ms Mitchell. The Crown Prosecutor asked Detective Jared Rowe to obtain a number of documents relating to the prison mail system and to Ms Mitchell’s awareness of matters relating...

8. 20240625-Reinstating-Three-Strikes-Amendment-Bill.pdf [pdf, 5.3 MB]

   ...to exclude lower-end offending from the three-strikes scheme, was one factor that led to imposition of sentences which breached s 9 NZBORA. 11. We note the 24-month threshold coheres with other aspects of the criminal justice system. First, if a judge imposes a sentence of 24 months' imprisonment or less, they may consider home detention as an alternative to imprisonment.4 Second, it Sentencing (Reinstatement of Three-strikes Regime) Amendment Bill (v 6.0), cl 7 (s 86J) . Clause...

9. Cook v Department of Corrections [2023] NZHRRT 21 [pdf, 218 KB]

   ...required to be provided earlier in time is, however, considered in the context of the damages claims. FACTUAL BACKGROUND [14] Ms Cook was sentenced on 8 April 2019. Taking into account Ms Cook’s demonstrated commitment to her own rehabilitation, Judge Edwards sentenced Ms Cook to a sentence of ten months home detention.3 [15] Home detention requires there to be a suitable place to serve that sentence. Within about two months of her sentencing, Ms Cook found herself in a positi...

10. Constitutional Advisory Panel Full Report 2013 [pdf, 4.4 MB]

    ...with the constitution without rendering that legislation invalid. This potential impact on parliamentary sovereignty appeared to be a crucial factor for many submitters. Submissions that rejected a written constitution often raised concerns about judges being unelected and therefore unaccountable to the voters. This group suggested that judges have no mandate to assess whether legislation meets constitutional standards. There was no significant support for a supreme fully entrenched writt...