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1. The future of courts and justice services

   The Ministry of Justice is seeking public feedback on the future of courts and justice services as it looks to prepare its second Long-Term Insights Briefing. The Long-Term Insights Briefings, introduced under the Public Service Act 2020, are a government initiative designed to encourage all New Zealanders to consider the future and what will matter most for our long-term wellbeing. Marcus Akuhata-Brown, Deputy Secretary, Ātea a Rangi – Strategy, says the Ministry, alongside Crown Law, will d...

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2. Criminal Cases Review Commission: areas for further discussion - Redacted [pdf, 334 KB]

   Criminal Cases Review Commission: areas for further discussion Hon Andrew Little 28 March 2018 Approved by: Brendan Gage, General Manager, Criminal Justice, Policy Group File number: CON-34-22 Purpose 1. This paper provides information on several issues arising from your comments on our briefing of 9 March 2018 with a view to confirming the approach you wish to take in the Cabinet paper. We are available to meet and discuss any matter should you wish. The test for refer...

3. [2014] NZEmpC 92 H v A Limited [pdf, 263 KB]

   ...the Authority to settle matters coming before it at the appropriate level, with as little judicial intervention during the investigative process as possible. A balance is struck between the policy imperatives underlying the reforms and access to justice considerations in the retention of the right of challenge or review once the Authority has made a final determination on the matter before it. [24] We do not, however, consider that s 179(5) is to be construed as wholly ousting...

4. [2024] NZEmpC 95 Courage & Ors-Pilgrim & Ors v Attorney-General & Ors [pdf, 177 KB]

   ...2000. [5] It is well accepted that the Court may grant access to documents held on the Court file, and has an inherent power to control the use of information disclosed in proceedings, where such control is necessary for the due administration of justice. A balancing exercise is required, including having regard to each party’s interests. In undertaking the analysis, the Court has previously found it helpful to have regard to the approach set out in the Senior Courts (Access t...

5. OIA-111066.pdf [pdf, 11 MB]

   ...and they believe on reasonable grounds that the Ministry: (a) has not acted as it should under the “Receiving a Protected Disclosure” section of this policy or under section 13 of the Act (as the case may be); or (b) has not dealt with the matter so as to address the serious wrongdoing the individual is entitled to the protections set out in this policy and the Act for a protected disclosure made to a Minister. Supporting information The protections referred to in this pol...

6. David Bain interim report of Hon Robert Fisher QC on compensation claim [pdf, 1.1 MB]

   Robert Fisher QC INTERIM REPORT FOR MINISTER OF JUSTICE ON COMPENSATION CLAIM BY DAVID BAIN 13 December 2012 Hon Robert Lloyd Fisher QC, LL.D, FAMINZ; Bankside Chambers, Level 22, Lumley Centre, 88 Short/and Street, Auckland 1140. New Zealand. PO Box 3107, Short/and Street, Auckland 1140, New Zealand. Phone: 64-9-307 8780 Fox: 64-9-377 0997 Emalf: rf@roberrfisher.co.nz. Website: www.robertfisher.co.nz , EXECUTIVE SUMMARY ••..• � .......... . " ............ "...

7. Sax v Commissioner of Police (Strike-Out – Discrimination) [2022] NZHRRT 33 [pdf, 173 KB]

   ...whether the interim non-publication orders made by the Tribunal on 3 July 2015 should be made final or lifted. [52] In our view it is appropriate to lift the interim orders made. To do otherwise would be inconsistent with the principles of open justice. Non-publication orders and open justice principles [53] The centrality of the principle of open justice was referred to by the Supreme Court in Erceg v Erceg [2016] NZSC 135 in the following way: [2] The principle of open justic...

8. Eichelbaum v CAC303 & Anor (ruling) [2016] NZREADT 3 [pdf, 171 KB]

   ...hearing in person if there is good reason to do so. It was in the hands of the appellant to do so. He did not. 73. So a complainant is not thereby disadvantaged, especially as the CAC must comply with the duty to accord the complainant natural justice (s 84(1) (REAA). 74. It is also relevant to note that hearings before a Standards Committee of the Law Society are conducted on the papers unless the Committee otherwise directs (see s 153(1) Lawyers & Conveyancers Act 2006). 75....

9. BORA Immigration Amendment Bill (No.2) [pdf, 106 KB]

   ...RIGHTS ACT 4. As the Bill sets out a new procedure under which applications for visas and permits may be considered, we have considered whether the provisions of the Bill are consistent with the right to the observance of the principles of natural justice (section 27(1) of the Bill of Rights Act). In addition, the Bill excludes review proceedings in respect of various decisions made under it. We have therefore considered whether the provisions of the Bill are consistent with the right...

10. IHC New Zealand v Ministry of Education (Non-Party Access No. 2) [2014] NZHRRT 20 [pdf, 51 KB]

    ...fair and accurate reporting difficult. Access to the primary documents themselves will assist such reporting. [5.4] There is no confidential or personal information in the pleadings. Furthermore, as they are pleadings only, the principle of open justice should have prominence. [5.5] There are no countervailing considerations and in addition s 107(1) of the Human Rights Act 1993 highlights the importance of the open justice principle in the Tribunal’s processes. [6] The defendant...