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1. Hutana - Estate of Te Whe Ariki Hutana (2019) 58 Te Waipounamu MB 78 (58 TWP 78) [pdf, 94 KB]

   ...Appellate Court,6 and were recently summarised by this Court in Phillips v Paul – Mangorewa Kaharoa 6E3 No 2 Papakainga 15A2A.7 I adopt those principles. [12] A rehearing will normally be granted where there are procedural defects denying natural justice and where further material evidence becomes available. The ultimate issue for the Court is: where do the interests of justice lie? Discussion [13] The application for rehearing was filed within the 28-day filing period....

2. IN Ltd v JT [2020] NZDT 1417 (12 August 2020) [pdf, 215 KB]

   ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

3. Overview for interpreters about common jurisdictions in the Courts and Tribunals [pdf, 184 KB]

   ...jurisdictions that you may be asked to provide interpreting services for. Criminal District court The majority of criminal offences go through the District Court and range from minor to serious offences. Cases in the criminal jurisdiction are heard by a Justice of the Peace, Community Magistrate, or a District Court Judge. All crimes (offences) are placed into four categories, these are: • Category One: offences for which the defendant can only be fined. These are usually dealt...

4. DI v KB Ltd and others [2024] NZDT 679 (28 August 2024) [pdf, 99 KB]

   ...considered it to be a courtesy car, provided in the course of OL’s business to SD. [4] On 29 January 2024, DI had an accident while driving the van. Her father had informed SD about this. After some discussion, SD had said that he and OL would sort the matter out with the insurer of the other party to the accident. [5] DI was subsequently found liable in a separate Disputes Tribunal proceeding for the damage done to the other party to the accident, and was ordered to pay that party...

5. SB & IM v TO [2024] NZDT 414 (21 May 2024) [pdf, 187 KB]

   ...decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised...

6. TN & UX v N Ltd [2025] NZDT 81 (2 April 2025) [pdf, 180 KB]

   ...their deposit again. The applicants were accused of somehow having facilitated the burglary and informed by N Ltd that they would not get a refund of their deposit. The procedural background to this order 2. Today was the second hearing in this matter, scheduled by way of telephone conference. The first hearing, also a telephone conference, had been scheduled for 3 February 2025. It was adjourned on that day, when Mr O, a director of N Ltd, advised at the commencement of the hearing...

7. Cook v Manawatu Community Law Centre (Costs) [2021] NZHRRT 57 [pdf, 168 KB]

   ...case 70 percent of the actual costs would be reasonable. In the alternative, the MCLC should be awarded costs at a rate of $3,750 per day. [6] Ms Cook’s reply submissions in relation to the Calderbank offer, inter alia, were: [6.1] There were matters justifying her reasonable rejection of the Calderbank offer, including the lack of admission of any wrongdoing by the MCLC and the lack of any apology for the wrongdoing. The Calderbank offer was not a genuine attempt at resolution but...

8. [2024] NZEmpC 209 Whare Manaaki Inc v Anderson and Ors [pdf, 216 KB]

   ...case; (b) that the respondents have assets within the jurisdiction; (c) that there is a real risk the property will be dissipated or, if relevant, will be moved out of the jurisdiction; and (d) that the balance of convenience and interests of justice require the grant of interim relief. [15] There must be a proceeding within the jurisdiction of the Court or the Authority to which the application for freezing orders relates. If substantive proceedings to which the order can relat...

9. 20240313-Fast-track-Approvals-Bill.pdf [pdf, 140 KB]

   ...Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. In reaching that conclusion, we have considered the consistency of the Bill with section 27(1) (right to the observance of the principles of natural justice). Our analysis is set out below. The Bill 4. The Bill provides a fast-track approval1 process for eligible activities. The fast-track approval process aims to facilitate the delivery of infrastructure and development projects with si...

10. Wood v Accident Compensation Corporation (Recall of Judgment) [2025] NZACC 66 (24 April 2025) [pdf, 3.8 MB]

    ...Guidelines2 list three categories of cases in which a judgment may be recalled. These categories were initially set out by Wild CJ in Horowhenua County v Nash (No. 2).3 Mr Wood relies on the third category: (c) For some other special reason, justice requires the judgment be recalled. [5] The Corporation opposes this application. Legal Principles [4] In Horowhenua County,4 Wild CJ noted that: Generally speaking, a judgment once delivered must stand for better or worse subject,...