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1. NZCVS Evaluation Final Summary Report.pdf [pdf, 460 KB]

   ...abbreviations ------------------------------------------- 2 1 Evaluation Purpose and Method ------------------------------------------- 4 2 Key Messages ------------------------------------------------------------- 5 2.1 NZCVS is foundational for the justice sector but end-users seek more context -------- 5 2.2 NZCVS uses best practice survey methodology --------------------------------------- 5 2.3 NZCVS is delivering value for stakeholders -------------------------------------------...

2. [2017] NZEmpC 142 Impulse Fishing v Smith [pdf, 157 KB]

   ...to order a stay of proceedings before it. Sanko drew on MacKay Refined Sugars (NZ) Ltd v New Zealand Sugar Co Ltd9 and Rooney Earthmoving Ltd v McTague10 for the principles which guide such a decision. The overriding issue is the interests of justice. [13] It is in the interests of justice to grant a stay and, in so doing, to ensure the efficient use of Court resources and to provide the parties with an opportunity to attempt to contain their costs. Outcome [14] A stay is gran...

3. Recusal Guidelines

   ...Judges of the Employment Court, pursuant to s 222B of the Employment Relations Act 2000 These Guidelines replace earlier Guidelines published on 25 October 2023. The Chief Judge, after consultation with the judges of the Employment Court and the Chief Justice, publishes these guidelines for determining issues about potential conflicts of interest and recusals.1 The procedures described are intended as guidance. Decisions about recusal are very much fact-dependent and the approach taken in parti...

   Located in:

   1. Employment Court >
   2. Information & guidance

4. [2018] NZEmpC 13 Lyttelton Port Co Ltd v Rail and Maritime Union of NZ Inc [pdf, 327 KB]

   ...business during any strike period, and that any loss and damage would likely be significant, although difficult to assess accurately. It submits, therefore, that the balance of convenience favours the grant of relief, as do considerations of overall justice. [14] The Union contends strongly that LPC has not discharged the onus which falls on it for interim purposes, and that an injunction should not be granted. In particular, it says there is no arguable case, and certainly no st...

5. OIA-113748.pdf [pdf, 7 MB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 7 August 2024 Our ref: OIA 113748 Tēnā koe Official Information Act request: Estimates Thank you for your email of 3 July 2024, requesting, under the Official Information Act 1982 (the Act) information about the 2024/25 Estimates hearings. Specifically, you requested: Any briefings, preparation packs, advice, reports, aide...

6. Judge Terena Wara - The COVID Response [pdf, 66 KB]

   Māori Land Court: The Covid Response Covid-19 brought forth a crisis that our country has never experienced before, and has impacted on every aspect of our lives, including the administration of justice. On 25 March 2020 the country entered Covid-19 Alert Level 4 lockdown. The Right Honourable Dame Helen Winkelmann, Chief Justice of New Zealand, assured the public that courts were an essential service, and that New Zealand courts would continue to uphold the rule of law and to...

7. [2019] NZEmpC 51 Goleman Wellington Cleaning Ltd v Nicolle [pdf, 330 KB]

   ...Goleman’s unanswered concerns about Mr Nicolle’s financial circumstances. The absence of any information for, or on behalf of, Mr Nicolle to provide to the Court with some assistance in evaluating the balance of convenience means that the only matters able to be considered are those presented by Goleman. [17] The balance of convenience favours Goleman’s application. Interests of justice [18] Weighing up all of the factors referred to earlier, I am satisfied that the overall...

8. [2022] NZEmpC 24 Drivesure Ltd v McQuillan [pdf, 180 KB]

   ...grant of leave having regard to the broader interests of justice. The challenge relates to the steps that might reasonably be taken by an employer during a lockdown and the associated rights and interests of affected employees. [20] While the matters at issue in this matter arose during the first lockdown, over two years ago, I agree with counsel for the applicant that there is likely to be some broader public interest in consideration of the substantive legal issues raised by th...

9. Tutakangahau v Boynton - Allotment 335 Parish of Waiotahi [2024] Chief Judge's MB 291 (2024 CJ 291) [pdf, 306 KB]

   ...WHENUA MĀORI O AOTEAROA I TE ROHE O AOTEA In the Māori Land Court of New Zealand Aotea District AP-20230000020769 A20230003702 CJ 2023/8 WĀHANGA Under Section 45, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Allotment 335 Parish of Waiotahi I WAENGA I A Between IRENE TUTAKANGAHAU Te Kaitono Applicant ME And FRANK WILLIAM BOYNTON Te Kaiurupare Respondent ME And LESA O’NEILL, REWIRI HAAMI AND...

10. Hawira v Pomana - Succession to Te Au Pomana [2024] Chief Judge's MB 2004 (2024 CJ 2004) [pdf, 401 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. [12] In Ashwell – Rawinia or Lavinia Ashwell (nee Russell), the principles to be applied in determining such applications made pursuant to s 45 of the Act were listed as follows: 11 (a) When cons...