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1. Owhetu Block Charitable Trust - Lot 1 Deposited Plan 427145 (2015) 98 Taitokerau MB 242 (98 TKT 242) [pdf, 213 KB]

   ...regard must always be had to the considerations of fairness and balance between the parties. “However the essential question which the Court always has to consider when asked for an adjournment is whether or not it is necessary in order to do justice between the parties. One must not overlook that not only is it necessary to do justice to the party who is seeking the adjournment but also justice to the party who wishes to retain the benefit of the fixture. It is essentially a b...

2. Tumene - Succession to Ihimaera Wiringi [2021] Chief Judges MB 587(2021 CJ 587) [pdf, 508 KB]

   ...I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O TE WAIARIKI In the Māori Land Court of New Zealand Waiariki District A20190005084 CJ 2019/14 WĀHANGA Under Section 45, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Ihimaera Wiringi I WAENGA I A Between JOSEPH ROBERT TUMENE Te Kaitono Applicant Nohoanga: Hearing 3 June 2020, 2020 Chief Judge’s MB 380-395 (Heard at Rotorua) Whakataunga: Judgment date...

3. Incitement-of-Hatred-Hate-Crime-and-Discrimination_FINAL.pdf [pdf, 559 KB]

   © Crown Copyright, Creative Commons Attribution 4.0 International (CC BY 4.0) Hon Kiri Allan Minister of Justice Proactive release – Work to address incitement of hatred, hate crime and discrimination Date of issue: 22 March 2023 The following documents have been proactively released in accordance with Cabinet Office Circular CO (18) 4. Some information has been withheld on the basis that it would not, if requested under the Official Information Act 1982 (OIA), be released. W...

4. BORA - Adoption Amendment Bill [pdf, 1.1 MB]

   ...The advice concludes that the Bill does not appear inconsistent with the Bill of Rights Act. RECOMMENDED ACTION 3. We recommend that you: 3.1 3.2 3.3 Approve this advice Confirm that you agree to a copy being referred to the Minister of Justice Confirm that this advice should be published, with appropriate redactions, on the Ministry of Justice website following introduction of the Bill Yes/� Yes/Ne/ �Approved/ Not� Jason Va uhas Senior Crown Counsel 8773134_3...

5. 10.7 Appendix G: Reporting Restrictions Statutory Prohibitions on Publications for Media as at November 2014

   ...says that the name, identifying particulars, address or occupation of a person accused or convicted of incest or sexual conduct with a dependent family member must not be published. For proceedings commenced prior to this date, see s 139 of the Criminal Justice Act 1985. Note the law under the Criminal Justice Act is substantively the same as that in the Criminal Procedure Act, although the details of the exceptions applicable under each Act differ. Child complainants and witnesses for proceedi...

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6. Appleby Building Ltd v C Alva LCRO 117 / 2009 (12 October 2009) [pdf, 54 KB]

   ...an application to liquidate that company. The complaint was that Mr Alva had used the procedures of the Court for an improper purpose by seeking adjournments to defend the application when his client company was hopelessly insolvent. [2] The matter was first called on 8 October 2008. The preceding day Mr Alva filed an application for leave to appear and for an extension of time to file a statement of defence. The Court adjourned the matter until 17 October 2008 when it was again...

7. Wade v Rangiheuea - Whakarewarewa Lot 29 Māori Reservation (Wāhiao Meeting House) [2018] Māori Appellate Court MB 283 (2018 APPEAL 283) [pdf, 297 KB]

   ...Thackery Street, Hamilton 3244 M Simpkins, Lance Lawson Barristers and Solicitors, PO Box 2279, Rotorua 2018 Māori Appellate Court MB 284 Introduction [1] This is an oral decision of the quorum. We reserve the right to correct any matters of detail in the written judgment, but the substance will not change. [2] This is an appeal from orders appointing trustees. Orders under sections 239(1), 239(3) and 338(7) of Te Ture Whenua Māori Act 1993, were made by Judge Coxh...

8. XD v MU [2020] NZDT 1311 (14 May 2020) [pdf, 189 KB]

   ...could now be produced. A witness gave evidence that he heard MU say he was thinking about continuing the palings on XD’s side, but this evidence was not wholly independent, and in any case did not go far enough to show a meeting of minds about the matter. Were those terms carried out? 9. I find that the fencing agreement was not followed in the following manner: (a) The fence was in fact built by MU, not by ABC. (b) The palings were put on MU’s side without XD’s consent....

9. [2010] NZEmpC 55 Rooney Earthmoving Ltd v McTague & Ors [pdf, 41 KB]

   ...Pastoral Ltd v Marr (1987) 2 PRNZ 383 (CA). Leave to amend proceedings at a late stage of them is a discretionary decision based on whether such an amendment is necessary to determine the real controversy between the parties and does not result in injustice to the others of them. The facts in that case (Marr v Arabco) were extreme. The application for leave to amend the statement of claim (for the fifth time) came after more than a week of final submissions that in turn followed a tri...

10. Legal aid CPAI categories consultation response [pdf, 288 KB]

    Criminal Procedure Act 2011 (Legal Services) New Offence Categories and related matters Consultation response P a g e | 1 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw i...