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1. KS & QS v ZA [2023] NZDT 421 (25 August 2023) [pdf, 195 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...

2. AU v E Ltd [2023] NZDT 253 (30 June 2023) [pdf, 91 KB]

   ...order the deposit paid of $10,000 be refunded in full. 7. The counterclaim fails as there is no evidence the parties agreed AU would pay the sum of $15,000 for COF repairs. In addition, AU believes the bus has been resold by D Ltd. 8. This matter was heard today by teleconference at 2pm, however as a representative of D Ltd did not answer calls made to the number provided, the matter proceeded in their absence. Referee: K. Edwards Date: 30 June 2023 Page 3...

3. SN v X Ltd [2024 NZDT 93 (23 January 2024) [pdf, 138 KB]

   ...issued an apology to SN for its representatives giving him the incorrect advice in a phone call of the 17 April 2023. 3. SN is claiming $30,000.00 for the refund amount and for distress and harassment. 4. There have been two hearings of this matter, at the first hearing on 11 October 2023 it became clear that SN had not received the refunded amount of $51.50 as it had been deposited into a bank account that was not SNs. 5. Since the first hearing X Ltd have investigated the matte...

4. NT v DNR Ltd [2023] NZDT 392 (10 August 2023) [pdf, 104 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...

5. Cock - Succession to Paora Kingi [2020] Chief Judge's MB 50 (2020 CJ 50) [pdf, 278 KB]

   ...KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O AOTEA In the Māori Land Court of New Zealand Aotea District A20190006272 CJ 2019/19 WĀHANGA Section 45, Te Ture Whenua Māori Act 1993 Under MŌ TE TAKE Paora Kingi In the matter of MARAMA COCK Te Kaitono Applicant Nohoanga: 6 November 2019, 2019 Chief Judge’s MB 1277-1285 Hearing (Heard at Whanganui) Whakataunga: 4 February 2020 Judgment date TE WHAKATAUNGA Ā KAIWHAKAWĀ MATUA...

6. [2020] NZEmpC 37 Kang v Lee [pdf, 353 KB]

   ...it: (a) there is a good arguable case; (b) the respondent has assets within the jurisdiction; (c) there is a real risk the property will be moved out of the jurisdiction or dissipated; and (d) that the balance of convenience and interests of justice require the order be granted. [22] Each is considered in turn. Good arguable case [23] I am conscious that this application has been heard under urgency and, in those circumstances, without participation by Mr Lee. The views e...

7. [2023] NZEmpC 47 Farrand Orchards Ltd v Tane [pdf, 251 KB]

   ...FARRAND ORCHARDS LIMITED v MICHAEL TANE [2023] NZEmpC 47 [29 March 2023] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2023] NZEmpC 47 EMPC 440/2021 EMPC 432/2022 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for leave to apply for rehearing AND IN THE MATTER of an application for rehearing BETWEEN...

8. 2.1 Supreme Court

   The Supreme Court is New Zealand’s final court of appeal and, as such, the Supreme Court has the role of maintaining overall coherence in the legal system. Located in Wellington, the Supreme Court has up to six judges, including the Chief Justice. The Supreme Court replaced the Judicial Committee of the Privy Council in London as New Zealand’s final court of appeal on 1 July 2004. The Supreme Court was established to recognise New Zealand as an independent nation with its own history and tra...

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9. AM v SB LCRO 316/2012 (28 July 2015) [pdf, 144 KB]

   ...emerge from the materials available on review, and consider whether any disciplinary consequences should result. 4 [18] The key issue on review is whether the lack of clarity around Ms SB’s status as a barrister, solicitor or both is a matter that should be of concern in a professional disciplinary context. For the reasons discussed below, the answer to that question is no. Consequently no further action is necessary or appropriate on review. Discussion Barrister and So...

10. [2022] NZEmpC 124 Pilgrim v Attorney-General [pdf, 176 KB]

    ...the parties and counsel to assist, I need only make a few brief remarks as to these applications. [4] The Media Guidelines set out a number of principles which are relevant, at pts 2 and 9. The key underlying principle is the promotion of open justice. Other principles must also be weighed, including the need for a fair trial; the principle that the media has an important role in the reporting of trials as the “eyes and ears of the public”; and the interests, reasonable conc...