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1. Trustees of Aata Paora Keretene Ahu Whenua Trust v Cherrington - Motatau 3B2B3 (2015) 102 Taitokerau MB 43 (102 TTK 43) [pdf, 187 KB]

   ...there is a serious question to be tried; the balance of convenience 4 37 Kaikohe MB 163-176 (37 KH 163-176). 5 Ibid. 102 Taitokerau MB 46 is in the applicant’s favour; and the overall justice of the case supports the grant of an injunction. 6 Is there a serious question to be tried? [14] In determining whether there is a serious question to be tried it is necessary to consider the allegations before the Court, the ap...

2. LQ Ltd v JN & BN [2022] NZDT 2 (14 February 2022) [pdf, 224 KB]

   ...was nonetheless just that it be paid (s39). JN and BN could then seek to prove a set-off to any such payment of their consequential losses (s32(c)). 7. This is not a case in which there can be certainty about what occurred. However, in a civil matter, findings are made only on the balance of probabilities. In other words, I must assess the evidence available and make a finding about what is most likely to have happened. 8. On 19 October 2021, JI attended the property to seek paym...

3. Jessup v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 70 [pdf, 252 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 70 ACR 52/22 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPEAL UNDER SECTION 162(1) OF THE ACT BETWEEN JOSEPH JESSUP Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Appearances: Applicant is self-represented S Bisley for the respondent Judgment: 9 May 20...

4. T Ltd v R Ltd [2023] NZDT 100 (24 March 2023) [pdf, 193 KB]

   ...similar but different email address to that of T Ltd. R Ltd paid money into a [bank] account on the basis of that invoice. 6. R Ltd says it has attempted to retrieve the money paid through its bank but was unable to do so. R Ltd has reported the matter to the Police but there has been no progress on that matter as yet. 7. T Ltd is seeking $7,429.00. It says it never received any money from R Ltd and R Ltd is still obliged to pay T Ltd the amount as set out on the original invoice....

5. Youth Court - 15 point assessment of a youth justice system [pdf, 98 KB]

   South Pacific Council of Youth and Children’s Courts Fifteen Point Assessment of a Youth Justice System A. Introduction This document emerged following the 18th meeting of the South Pacific Council of Youth and Children’s Courts (SPCYCC) in Auckland, New Zealand. The meeting identified a need for an assessment tool which could assist the Council to determine the needs and current status of the youth justice systems of countries/states in the South Pacific. The fift...

6. BORA Families Commission Bill [pdf, 136 KB]

   ...a new Crown entity. The Commission’s main function will be to act as an advocate for the interests of families generally. Additional functions which support this main function include:  Encouraging and facilitating informed debate on matters relating to the interests of families across sectors and involving the general public;  Increasing public awareness and promoting better understanding of matters relating to the interests of families including the importance of stable...

7. [2020] NZEmpC 130 Tolson v Potter [pdf, 188 KB]

   ...various steps seem excessive – Mr Tolson points to the time allocations for filing memoranda as an example. (b) He has limited resources and it would be unfair to order him to pay the amount now claimed. He raises the issue of access to justice and notes that the amount sought exceeds his annual superannuation. [7] He says he turned down the Calderbank offer because his claim was more about having Mr Potter accept that there was fault than the actual money. The Co...

8. Matthews - Raetihi 2B No 1D No4 (2023) 468 Aotea MB 107 (468 AOT 107) [pdf, 219 KB]

   ...ability here. [14] In an application for an interim injunction, the Court must be satisfied that:5 (a) There is a serious question to be tried; (b) The balance of convenience is in favour of an injunction; and (c) It is in the interests of justice to grant an injunction. [15] I consider these in turn. He pātai motuhake hei whakawā? Is there a serious question to be tried? [16] Whether or not there is a serious question to be tried turns upon whether there is a tenable c...

9. Young-Adult-List-Victims-Factsheet.pdf [pdf, 124 KB]

   ...Young Adult List Information for Victims web: victimsinfo.govt.nz This factsheet explains what the Young Adult List is. PH: 0800 268 787 Restorative Justice Service You may be able to attend a restorative justice conference. This is a voluntary process that gives you an opportunity to meet with the young adult to address the harm that has occurred. A meeting is held in a safe place with a...

10. Randle v Accident Compensation Corporation (Late appeal to the District Court) [2023] NZACC 122 [pdf, 130 KB]

    ...received the review decision. [7] In light of Mr Randle’s evidence, the Corporation’s non-opposition to the grant of leave, and the minimal period of possible lateness, this Court finds that Mr Randle has established that the interests of justice require the exercise of the Court’s discretion to sustain his application for leave to file his appeal out of time, which is accordingly granted. [8] However, the Court draws Mr Randle’s attention to section 161(3) of the Accide...