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1. [2009] NZEmpC WC 18B/09 NZ Fire Service Commission v NZ Professional Firefighters Union and others [pdf, 43 KB]

   NZ FIRE SERVICE COMMISSION V NZ PROFESSIONAL FIREFIGHTERS UNION AND ORS WN WC 18B/09 12 August 2009 IN THE EMPLOYMENT COURT WELLINGTON WC 18B/09 WRC 23/09 IN THE MATTER OF an application for interim injunctions BETWEEN THE NEW ZEALAND FIRE SERVICE COMMISSION Plaintiff AND THE NEW ZEALAND PROFESSIONAL FIREFIGHTERS UNION First Defendant AND JEFFREY REGINALD MCCULLOCH Second Defendant AND BOYD GORDON RAINES Third Defendant Hearing: 10 August 2009...

2. CAC304 v Drever [2016] NZREADT 27 [pdf, 163 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2016] NZREADT 27 READT 002/15 IN THE MATTER OF a charge laid under s.91 of the Real Estate Agents Act 2008 BETWEEN COMPLAINTS ASSESSMENT COMMITTEE (CAC 304) AND AARON DREVER MEMBERS OF TRIBUNAL Ms K Davenport QC – Chairperson Ms N Dangen – Member Mr G Denley – Member HEARD at AUCKLAND by telephone conference on 19 February 2016 DATE OF DECISION 8 April 2016 APPEARANCES (by telephone)...

3. Crozier - Succession to Molly Crozier [2023] Chief Judge's MB 531 (2023 CJ 531) [pdf, 304 KB]

   ...O AOTEAROA I TE ROHE O AOTEA In the Māori Land Court of New Zealand Aotea District A20220015228 AP-20230000027093 CJ2022/44 WĀHANGA Under Section 45, Te Ture Whenua Māori Act 1993 M O L MŌ TE TAKE In the matter of Succession to Molly Crozier also known as Molly Mullen also known as Muriwai Crozier also known as Muriwai Mullen also known as Muriwai Lillian Mullen also known as Muriwai Lillian Crozier NĀ By AMANDA LEIGH CROZI...

4. Auckland Standards Committee v Murray [2014] NZLCDT 88 [pdf, 103 KB]

   ...proceeding under this Act shall be quashed, set aside, or held invalid by any District Court or by any other Court by reason only of any defect, irregularity, omission, or want of form unless the Court is satisfied that there has been a miscarriage of justice.” Relevant Case Law [21] The cases which have attempted to challenge certificates provided as proof of conviction have generally been concerned with identity of the named defendant. Such was the case in the Okeby.9 However i...

5. BORA Public Transport Management Bill [pdf, 256 KB]

   ...the Bill of Rights Act. In reaching this conclusion we have considered possible issues of inconsistency with sections 21 (unreasonable search and seizure), 25(c) (the right to be presumed innocent until proven guilty), and 27 (the right to natural justice) of the Bill of Rights Act. PURPOSE OF THE BILL 4 The stated purpose of the Bill is to contribute to the aim of achieving an integrated, safe, responsive, and sustainable land transport system. To achieve this purpose, the Bill: �...

6. Fong v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 014 [pdf, 154 KB]

   ...scheme is minimising the economic, social and personal costs of the impact of injury on the community. Unnecessary delay in bringing an appeal to the ACC jurisdiction of the District Court carries potential costs for the appellant and also for the justice system and those involved in it. [6] In Avery v No 2 Public Service Appeal Board,1 Richmond J (for the Court of Appeal) stated: 1 Avery v No 2 Public Service Appeal Board [1973] 2 NZLR 86, 91. 3 When once an appellant al...

7. Nicholls v Nicholls - Koromatua 3A Block [2018] Māori Appellate Court MB 165 (2018 APPEAL 165) [pdf, 264 KB]

   ...option is never taken lightly. [5] Key matters for our consideration include: (a) Can the appellant pay costs if his appeal is unsuccessful? (b) What are the merits and prospects of success of his appeal? (c) What are the overall interests of justice?2 Can the appellant pay costs if his appeal is unsuccessful? [6] The respondents argue that:3 1 (2010) 10 Taitokerau MB 106 at para 14 2 Maiava, cited fn 1, at paragraphs 14-18....

8. [2023] NZEmpC 115 Carrington Resort Jade LP v Maheno [pdf, 226 KB]

   ...prejudice or hardship suffered to any person; (d) the effect on the rights and liability of the parties; (e) subsequent events; and (f) the merits. [8] In assessing these factors, the ultimate question for the Court is what the interests of justice require.4 Analysis [9] The reason for the statement of defence not being filed is a communication breakdown between the defendant and her representative. As noted by him, it would be unfair if Ms Maheno’s ability to defend th...

9. EMPC Memorial sitting John Haigh QC [pdf, 180 KB]

   ...received an email from John Timmins who is unable to attend today’s hearing but which he wishes me to read and I think it very appropriate to do so. John Timmins says: “For many years I frequently appeared as opposing counsel to John Haigh in matters before this Court. He was a stern opponent and he fought hard for his clients. But throughout he maintained an always courteous approach often touched by humour. He always honoured his commitments and valued the rules surroundi...

10. Terms of Reference for the Independent Panel [pdf, 70 KB]

    Terms of Reference for the rewrite of the 2014 family justice system reforms A. The panel is to consider the 2014 family justice reforms as they relate to assisting parents/guardians to decide or resolve disputes about parenting arrangements or guardianship matters, in the following areas: a) the effectiveness of out-of-court processes, in particular, Family Dispute Resolution; b) the effectiveness of court processes, in particular, the increase in without notice applications an...