Search Results

1. JD v ACC (Leave to Appeal to the High Court) [2024] NZACC 62 [pdf, 210 KB]

   ...TO APPEAL UNDER SECTION 162(1) OF THE ACT BETWEEN JD Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Submissions: A Carlyle for the Applicant F Becroft for the Corporation Hearing: On the papers Judgment: 9 April 2024 JUDGMENT OF JUDGE P R SPILLER [Leave to appeal to the High Court s 162 Accident Compensation Act 2001] Introduction [1] This is an application for leave to appeal against a judgment of Her Honour, Judge Henare,...

2. BORA The Attorney-General's Reporting Function under Section 7 of the New Zealand Bill of Rights Act [pdf, 315 KB]

   ...instance, the House of Lords has recently issued a series of judgments clarifying the types of arguments that can be used to justify discriminatory policies, and types of policies to which the Courts should apply a degree of deference to Parliament. These judgements have guided our thinking on where the boundaries of justification lie in relation to discriminatory policies. Post-Introduction BORA issues 21. The present process focuses on BORA issues raised by the introduction version of...

3. Kake - Estate of Kiriwai Ihaia (2007) 118 Whangarei MB 256 (118 WH 256) [pdf, 1.7 MB]

   IN THE MAORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT Hearing: Judgment: Introduction A20060011286 118 Whangarei MB 256-263 UNDER Sections 113, 115 and 118, Te Ture Whenua Maori Act 1993 IN THE MATTER OF Kiriwai Ihaia (Ruka) or Kiriwai Tai Hikuwai 16 October 2006 (Heard at Whangarei) 8 October 2007 MONICAKAKE Applicant RESERVED JUDGMENT OF JUDGE D J AMBLER [1] This is an application by Monica Kake to succeed to the Maori land interests of Kiriwai Ihaia, her l...

4. Myhre - Ngapaeruru No 1B No 2C No 2 (2019) 73 Tākitimu MB 176 (73 TKT 176) [pdf, 340 KB]

   ...1993 IN THE MATTER OF Ngapaeruru No 1B No 2C No 2 Block BETWEEN JACOB MYHRE FOR THE MĀORI TRUSTEE Applicant Hearings: 2 May 2018, 68 Tākitimu MB 45-46 6 September 2017, 63 Tākitimu MB 28-31 (Heard at Hastings) Judgment: 8 February 2019 JUDGMENT OF JUDGE L R HARVEY Introduction [1] The Māori Trustee seeks the appointment of Abie Eriha and Morehu Smith to replace two advisory trustees who have passed away. Catherine Clarkson opposes the ap...

5. Moses-Heeney - Estate of Eric Moses (2018) 201 Waiariki MB 122 (201 WAR 122) [pdf, 282 KB]

   ...Act 1993 IN THE MATTER OF Succession to Eric Eria Moses also known as Eric Mohi or Eria Mohi BETWEEN DONNA MOSES-HEENEY Applicant Hearing: 11 June 2018, 190 Waiariki MB 23-40 (Heard at Whakatane) Judgment: 14 November 2018 JUDGMENT OF JUDGE C T COXHEAD 201 Waiariki MB 123 Tēnā koutou i ō tātou aituā maha e ngapu nei te whenua i tō rātou hinganga. Hēoi anō, e tāea te aha atu i te tangi, i te mauma...

6. O Ltd v CD & Ors [2024] NZDT 854 (18 October 2024) [pdf, 279 KB]

   ...judgment, but their every point which properly belonged to the subject of the litigation, and which the parties, exercising reasonable diligence, might have brought forward at the time. 18. That principle has been applied and refined in numerous judgments of the Courts in the United Kingdom and in New Zealand. Some relevant examples are set out below. 19. In Hamed Abdul Khaliq Al Ghamdi Co v New Zealand Dairy Board2 the Court of Appeal commented: A party cannot bring a case re...

7. Taylor v Corrections [2018] NZHRRT 35 [pdf, 308 KB]

   Reference No. HRRT 025/2015 UNDER THE PRIVACY ACT 1993 BETWEEN ARTHUR WILLIAM TAYLOR PLAINTIFF AND CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS DEFENDANT AT AUCKLAND BEFORE: Mr RPG Haines ONZM QC, Chairperson Mr RK Musuku, Member Mr BK Neeson JP, Member REPRESENTATION: Mr AW Taylor in person Ms V Casey QC and Ms E Devine for defendant Ms I Zadorozhnaya for Privacy Commissioner DATE OF HEARING: 14, 15, 16 and 17 March 2016 DATE OF DECISION:

8. H Trust v Southern Response Earthquake Services Ltd [2019] CEIT-2019-0011 [pdf, 997 KB]

   ...statutory obligations. Although they have been endorsed by the three principal consent authorities in Canterbury, they are not mandatory. The indicative criteria used in the Guidelines are not absolute and should be applied using a certain amount of judgment and having regard to issues of practicability. Mike Stannard, MBIE’s Chief Engineer at the time the Guidelines were produced, said that the Guidelines provide “good practice methods to assist engineers designing repair solutio...

9. [2011] NZEmpC 111 Gaut v BP Oil NZ Ltd costs [pdf, 108 KB]

   ...OIL NEW ZEALAND LIMITED Defendant Hearing: (in response to memoranda dated 15 July and 10, 15, 23 August 2011) Counsel: Mr Tim Jackson, advocate for the plaintiff Ms Samantha Turner and Mr Simon Clarke, counsel for the defendant Judgment: 30 August 2011 COSTS JUDGMENT OF JUDGE A D FORD The issues [1] In a judgment dated 23 June 2011, 1 I upheld the plaintiff’s challenge to a determination of the Employment Relations Authority (the Authority) and conclude...

10. 2012 Ministry of Justice annual report [pdf, 2.3 MB]

    Annual Report 1 July 2011–30 June 2012 E.64 (2012) http://www.justice.govt.nz/ Table of contents 2011/12 Highlights 1 Chief Executive’s report 2 The Ministry of Justice 4 The justice sector 5 What we did and the impact we had 7 Supporting our outcomes in a changing operating environment 8 Making communities safer 9 Maintaining the integrity and improving the responsiveness of the justice system 11 Maintaining the civil and democratic rights of New Zealanders 14 Measuring