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1. White v Potroz - Mohakatino Parininihi No 1c West 3A2 [2016] Māori Appellate Court MB 143 (2016 APPEAL 143) [pdf, 479 KB]

   ...respondents’ submissions .............................................................................. [43] Issues ....................................................................................................................... [51] Natural justice ........................................................................................................ [52] The lower Court’s refusal to grant a rehearing .................................................. [58] The law ............

2. Cooper v Hamilton Pharmacy 2011 Ltd (Application for Non-Publication Orders) [2017] NZHRRT 34 [pdf, 388 KB]

   ...application are first, that the damage caused by the publication of the identities of the parties and of any identifying details would outweigh any genuine public interest in the proceedings. And second, the order is necessary in the interests of justice to preserve the position of the parties pending a final determination of the proceedings. The related proceedings [11] Mr Cooper currently has three sets of proceedings in train. [12] First in time are proceedings filed in the Employ...

3. Proactive-release-Electoral-Amendent-Bill-Political-Donations-FINAL2.pdf [pdf, 2.4 MB]

   ...Cabinet Office 19 April 2022 Some information has been withheld in accordance with section 9(2)(f)(iv) to maintain the confidentiality of advice tendered by Ministers of the Crown and officials. 5 Paper Three: Government response to the Justice Committee report Inquiry into the 2020 General Election and Referendums Cabinet Paper Office of the Minister of Justice 19 April 2022 Released in full 6 Paper Three: Government response to the Justice Committee report...

4. Cabinet paper relating to Private Security Personnel and Private Investigators (Minimum Training) Amendment Regulations and other legislative instruments [pdf, 1.2 MB]

   1 In Confidence Office of the Associate Minister of Justice Chair, Cabinet Legislation Committee Private Security Personnel and Private Investigators (Minimum Training) Amendment Regulations and other legislative instruments Proposal 1. This paper seeks Cabinet’s agreement to authorise the submission to the Executive Council of the: 1.1 Private Security Personnel and Private Investigators (Minimum Training) Amendment Regulations 2019; 1.2 Tribunals Powers and Pr...

5. 2021-11-01 Justice Sector LTIB consultation document [pdf, 468 KB]

   1 New Zealand Justice Sector Long-term Insights Briefing Long-term insights about imprisonment and what these tell us about future risks and opportunities Consultation Document November 2021 About this document This consultation document outlines the proposed topic for the Justice Sector Long-term Insights Briefing. It provides information on what topic has been proposed and why, the approach for developing the Briefing, a summary of key historical trends, and links to recent...

6. National Standards Committee 1 v Deliu [2016] NZLCDT 27 [pdf, 480 KB]

   ...charges on the balance of probabilities, on that same material. [12] We note first that the Full Court in Orlov considered that, in light of the statutory purpose and scheme, the “no case to answer” jurisdiction should be seen as limited to matters akin to a strike out. It is for weeding out the obviously deficient (which should be rare) or those where some technical impediment can be argued. Otherwise it is proper that the practitioner fully participate thereby enabling the Di...

7. [2007] NZEmpC AC 18/07 Kingi v Responsive Maintenance 2000 Ltd [pdf, 41 KB]

   ...inordinate delay, that such delay is inexcusable, that there has been serious prejudice to the defendant applicant as a result of the delay, and that even though those factors may be established, ultimately the Court must have regard to the interests of justice in determining whether proceedings should be struck out. Those factors are not exhaustive but tend to be adopted by the Court in applications such as this. [8] Insofar delay is concerned, I have already set out some of the...

8. [2021] NZEmpC 36 Martin v Solar Bright Ltd (in liq) [pdf, 216 KB]

   ...very broad because it is, in reality, a request for access to the whole file. Despite its breadth I am satisfied that what has been applied for is sufficiently clear to satisfy r 11. [12] Rule 12 provides for what needs to be considered: 12 Matters to be considered In determining a request for access under rule 11, the Judge must consider the nature of, and the reasons given for, the request and take into account each of the following matters that is relevant to the request or...

9. [2024] NZEnvC 184 WFT Finance Limited v Waikato District Council [pdf, 187 KB]

   ...application, grant the request in whole or in part with or without conditions, or refer it to a Registrar to determine. [10] When determining an application under Rule 11, the Judge must have regard to the provisions in Rules 12 to 14: 12 Matters to be considered In determining a request for access under rule 11, the Judge must consider the 4 nature of, and the reasons given for, the request and take into account each of the following matters that is relevant to the request...

10. KQ & WQ v EN & MN [2021] NZDT 1439 (27 April 2021) [pdf, 161 KB]

    ...that there is a deliberate legislative intent to exclude an equitable jurisdiction within the DTA. CI0301_CIV_DCDT_Order Page 4 of 6 32. Instead, the Disputes Tribunal is given a statutory authority to consider the substantial merits and justice of a case. Under section 18(6) of the DTA, the Tribunal has discretion to determine disputes: “…according to the substantial merits and justice of the case, and in doing so shall have regard to the law but shall not be bound to gi...