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1. [2024] NZEnvC 062 Gisborne District Council v China Foresty Group New Zealand Company Limited [pdf, 267 KB]

   ...enforcement orders, including the names of the forests and the Respondents involved. (b) the memorandum filed on behalf of Timbergrow Limited, Chiong Yong Tiong and Ernslaw One Limited dated 13 December 2023. REASONS Introduction [1] These matters concern applications for enforcement orders by Gisborne District Council. The application against the China Forestry Group New Zealand Company Limited, Yuxia Sun and Wood Marketing Services Limited relates to the Kanuka Forest, a plant...

2. BT v KG [2020] NZDT 1457 (16 March 2020) [pdf, 223 KB]

   ...relief it must also be satisfied that in a case where the contract expressly or by implication provides for the risk of mistakes, the party seeking relief is not obliged by a term of the contract to assume the risk that that party’s belief about the matter in question might be mistaken. 16. The risk of the watch not being genuine was not discussed between the parties. There was no express provision that BT should assume the risk that the parties may be mistaken about the genuineness...

3. Kaka v Ruapehu District Council - Ohura South N2E1B (2014) 328 Aotea MB 176 (328 AOT 176) [pdf, 195 KB]

   ...for RDC on 13 November 2014. Submissions for Antoine Kaka [9] The applicant submitted that RDC did not notify him of their attempts to negotiate regarding the outstanding rates despite him corresponding in the past with the council over these matters. Most recently in 2008 he applied for a rates remission under an amnesty offered by RDC, for which he says he was not granted a hearing and never received a response. He further stated that despite occupying the land for the last 30 y...

4. [2022] NZEmpC 162 Pilgrim v Attorney-General [pdf, 241 KB]

   ...admissibility directions I had made. I heard all counsel, and Mr Brown and Mr Zintl, promptly. [14] In the course of discussions with counsel, it was proposed by Mr Skelton QC, counsel for the second defendants, that a fair balancing of open justice principles and fair trial rights would be achieved by receiving particular paragraphs of Mrs Courage’s evidence in camera. All other counsel supported this possibility. [15] This is a rare step. However, the authorities are clear t...

5. Regulatory Impact Statement: Expungement scheme for historical homosexual convictions [pdf, 101 KB]

   Regulatory Impact Statement Expungement scheme for historical homosexual convictions Agency Disclosure Statement This Regulatory Impact Statement has been prepared by the Ministry of Justice. It provides an analysis of options to address the negative effects of historical convictions for homosexual offences that have been decriminalised. A constraint in carrying out the analysis was uncertainty about the existence of relevant official records, and the level of information contained...

6. DH v EJ LCRO 207/2014 (13 April 2015) [pdf, 62 KB]

   ...could have been misconstrued, and his evidence that he intended no disrespect towards the Judge. I also note his concerns about the impacts the decision has had on him, which he considers are disproportionate. However, those consequences are not matters that can be addressed in the process of this review. [20] The focus of this review is twofold: whether the decision was open to the Committee, and if it was, whether the penalties imposed are a proportionate response. Discussion...

7. Baker v High Court (Strike-Out Application) [2021] NZHRRT 56 [pdf, 543 KB]

   ...[2019] NZHC 98 is an unlawful breach of human rights, Victimisation. 3. That the Court of Appeal ruling [2019] NZCA 531 is an unlawful breach of human rights, Victimisation; and the Court of Appeal Judgment [2021] NZCA 97 is a breach of Natural Justice under the New Zealand Bill of Rights Act 1990. [11] In fairness to the plaintiff, in her written submissions dated 2 November 2021 she appears to acknowledge the victimisation claim is not applicable to her circumstances as set out in th...

8. Lohr v Accident Compensation Corporation (Costs) [2016] NZHRRT 36 [pdf, 60 KB]

   ...For present purposes the following passages from the judgment in Commissioner of Police v Andrews [2015] NZHC 745, [2015] 3 NZLR 515 (Mallon J) are of particular assistance: [57] [The Tribunal] is in a position to assess the importance of access to justice that its jurisdiction can provide and the consequences of adverse costs awards being made too readily. … … [61] I consider the Tribunal is right to express caution about applying the conventional civil costs regime to its juris...

9. Kelly - Succession to Mai Hoani [2025] Chief Judge's MB 118 (2025 CJ 118) [pdf, 530 KB]

   ...facts of the case to the Court or the Registrar, cancel or amend the order or certificate of confirmation or make such other order or issue such certificate of confirmation as, in the opinion of the Chief Judge, is necessary in the interests of justice to remedy the mistake or omission. 2025 Chief Judge's MB 126 [7] In Ashwell – Rawinia or Lavinia Ashwell (nee Russell), the former Chief Judge set out the principles to be applied in determining such applications made pu...

10. [2014] NZEmpC 222 Selwyn Foundation v Nayathodan re-issued [pdf, 81 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 ac...