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1. Interim Impact Summary: Public discussion document - Proposed changes to the incitement provisions in the Human Rights Act 1993 [pdf, 3.8 MB]

   ...section 131 more straightforward, and achieving better certainty about its scope. This certainty would be particularly important as the increased penalty proposed would lead to a possibility of a prosecution being considered by a jury (rather than a judge alone). The reframing would also reflect that only extreme inciting speech should be subject to criminal responsibility, which is arguably a more proportionate approach. In particular, ill- will and ridicule are vague as a basis f...

2. Title Improvement.pdf [pdf, 357 KB]

   ...consider the number of landowners in favour of it as well as the representation of the shareholding. A minority of landowners with a majority shareholding don’t automatically overrule a majority of landowners owning a minority shareholding. The judge will need to hear all parties and will decide from the evidence and the Act which view should prevail. Partition A partition is created when one or more owners separate their shares from other landowners and create a separate title. Part...

3. BF v QT [2023] NZDT 600 (30 October 2023) [pdf, 156 KB]

   ...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 Dis...

4. DQ v UP [2022] NZDT 211 (9 December 2022) [pdf, 172 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...

5. O Ltd v B Ltd [2023] NZDT 480 (21 September 2023) [pdf, 235 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...

6. KM v Q Ltd [2023] NZDT 324 (12 January 2023) [pdf, 194 KB]

   ...letter as an attempt to intimidate them. Whatever the intent of the letter, it was factually incorrect to claim that KM had failed to lodge a claim with the Tribunal: it was Q Ltd that failed to do so. It was also inappropriate to threaten summary judgement, and potential costs of $4,000.00, when the claim was clearly in dispute. The hearing process: 11. On 1 August 2022, KM lodged his claim with the Tribunal. A hearing date of 27 September was scheduled. Q Ltd lodged its ‘co...

7. OIA-110625.pdf [pdf, 5.2 MB]

   ...Sexual Violence Court in Whangarei, the Chair and representatives from the Coalition for the Safety of Women and Children, principal policy advisors from the National Coalition of Independent Women's Refuges (NCIWR), the Principal Family Court Judge, a former president of the Law Commission, senior solicitors from Crown Law and the Public Defence Service, and the New Zealand Police (the National Coordinator of Family Harm Response, the Detective Inspector of Adult Sexual Assault and...

8. MOJ0217.5E_SEP22_WEB.pdf [pdf, 121 KB]

   ...consider the number of landowners in favour of it as well as the representation of the shareholding. A minority of landowners with a majority shareholding don’t automatically overrule a majority of landowners owning a minority shareholding. The judge will need to hear all parties and will decide from the evidence and the Act which view should prevail. Partition A partition is created when one or more owners separate their shares from other landowners and create a separate title. Part...

9. 2023-08-18-Submissions-of-Alan-Jamieson.pdf [pdf, 208 KB]

   ...the road at grade by a painted white line. I also noted the left-hand wheels of vehicles coming towards me were typically on or to their left of that white line. I also noted sump holes every five metres or so using some of that shoulder. I judged the width of the shared path / shoulder to be about 1.5 metres. I enquired of Waka Kotahi who advised this shared path met relevant design standards for a shared path. In that advice there appeared to be no appreciation by Waka Kotah...

10. Wilton TRI-2021-100-002 Procedural Order 26 [pdf, 182 KB]

    ...[32] In Trustees Executors Ltd v Wellington City Council, Simon France J found that the defendants had advanced a case without substantial merit.17 In considering whether it was then appropriate to exercise the discretion to award costs, the Judge considered the important issues to be whether the party making the claim “should have known about the weakness of their case”, and whether they “pursued their claim in defiance of common sense”.18 [33] In determining whether the...