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1. [2024] NZEmpC 151 McGearty v Air New Zealand Ltd [pdf, 164 KB]

   ...Appearances: RE Harrison KC, counsel for plaintiff PA Caisley, counsel for defendant P Wicks KC, counsel for New Zealand Air Line Pilots Assoc Inc as intervener Judgment: 12 August 2024 CONSENT INTERLOCUTORY JUDGMENT OF JUDGE KATHRYN BECK (Application for leave to intervene) [1] The New Zealand Air Line Pilots Assoc (NZALPA) has sought leave to intervene in these proceedings. [2] The application arises in the context of a challenge to a determination of th...

2. [2024] NZEmpC 107 Pacific Insulation Ltd v Lagera & Anor [pdf, 164 KB]

   ...Respondent Hearing: On the papers Appearances: S Caradus and S Caughey, counsel for applicant P Cornegé, counsel for first and second respondents Judgment: 17 June 2024 INTERLOCUTORY JUDGMENT (NO 2) OF JUDGE K G SMITH (Further application to vary freezing orders) [1] On 17 May 2024, Judge Holden granted the applicant’s without notice application for freezing and ancillary orders against the respondents.1 That decision was followed b...

3. PSFC-L4C-1-PDF.pdf [pdf, 348 KB]

   ...Property (Relationships) Act 1976, Oranga Tamariki Act 1989, and Family Violence Act 2018. The appointment is the responsibility of the Court. The Ministry of Justice, the Family Law Section of the New Zealand Law Society and the Principal Family Court Judge have agreed to the following criteria for appointment. Full name of applicant: Firm / Postal address: Telephone number: Email address: Please provide a copy of your current practising certificate. Have you practised in the Fa...

4. Chief Victims Advisor report Thats a lie PDF [pdf, 693 KB]

   ...Changing the culture of cross-examination – prioritisation of best evidence ............................ 36 • Judicial intervention with “unacceptable” questions .......................................................... 37 • Specialist judges and/or national rollout of specialist sexual violence courts .................... 38 • Communication assistance .................................................................................................. 38 • Counterintuitive...

5. 2021-04-21 Transcript (up to end of day 20) [pdf, 5.9 MB]

   ...(referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL Applicant Hearing Commenced: 12 April 2021 held in Cromwell Court: Environment Judge J E Borthwick Commissioner Bunting Commissioner Edmonds Appearances: P Maw and M Mehlhopt for Otago Regional Council D van Mierlo for Aotearoa New Zealand Fine Wine Estates Limited Partnership L Phillips for Beef + Lamb New Zeala...

6. Notification of applications that have not been finally determined (over 6 months old) - 31 August 2021 [pdf, 1.6 MB]

   ...pursuant to rule 5.11(2)(b) of the Māori Land Court Rules 2011 being applications which are 6 months or older as at 31 August 2021, and which are currently held by the Registrar in the District set out, or, in the case of applications to the Chief Judge of Māori Land Court or those to the Māori Appellate Court, by the Chief Registrar. This is a snapshot of applications as at 31 August 2021 and some applications that appear on this schedule may already have been dealt with by the Co...

7. [2009] NZEmpC AC 9/09 Proffitt v CE of the Department of Labour [pdf, 9 KB]

   ...OF LABOUR Defendant Hearing: Judicial Settlement Conference, 12 March 2009 (Heard at Auckland) Appearances: Ken Nicolson, Counsel for Plaintiff Andrew Gane, Counsel for Defendant Judgment: 12 March 2009 JUDGMENT OF CHIEF JUDGE GL COLGAN [1] By consent the plaintiff’s proceedings are discontinued on the terms contained in an agreement reached between the parties at a judicial settlement conference at Auckland on 12 March 2009. [2] The terms...

8. Case studies from evaluation of court-referred restorative justice pilot [pdf, 791 KB]

   ...and represented Patel very well. He was remarkable in the way he supported that family.’ She felt Tama had showed that he valued the opportunity to apologise to both Patel and to his family. After the sentence… In sentencing Tama, the judge acknowledged and referred to the contents of the conference report. He stressed Tama’s positive qualities, his youth, his remorse, the fact this was a ‘one-off’ incident, and his supportive family. He saw Tama’s motivation to chang...

9. LCRO 50/2020 M and N PQ v WR (23 April 2021) [pdf, 276 KB]

   ...promote their claim at mediation, the recovery achieved was 26 per cent of what accountants had estimated would constitute a reasonable sum to reflect the extent of losses suffered; and (c) Mr WR had mistakenly advised them at mediation that judges were required to “accept the word of company directors unless proved false”; and, (d) this misrepresentation had intimidated them into accepting a settlement figure well below what they were entitled to; and (e) Mr WR’s failur...

10. Family Court rewrite submission: Backbone Collective [pdf, 295 KB]

    ...way the New Zealand Family Court responds to cases of violence and abuse. The Review is not able to fully investigate the issues in the Family Court A comprehensive inquiry into the Family Court must have powers to subpoena witnesses, interview judges and other court officials, and review case files. It must also provide the required protection for the victims of domestic violence (primarily women and children) to give evidence of their experiences in the Family Court without fear of...