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1. FU v IX [2024] NZDT 527 (2 August 2024) [pdf, 183 KB]

   ...illness)? (c) If so, was that loss substantial, so as to entitle a refund without first giving an opportunity to resolve the health issues? Was the respondent in trade, for the purposes of the Consumer Guarantees Act? 5. It can be a difficult matter to determine whether a person who breeds and sells puppies is doing so “in trade” or privately. Given the next findings made below, nothing turns on this, but as indicated in the hearing, it was likely that the respondent was “...

2. DZ v LU & IW Ltd [2024] NZDT 469 (4 June 2024) [pdf, 200 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. Housing New Zealand Ltd v Tawhai - Te Horo 2B2B2B Residue (2011) 33 Taitokerau MB 11 (33 TTK 11) [pdf, 176 KB]

   ...not stand to benefit from it, are not funding it as a matter of business, and in no way seek to control its course”. In their case the Court’s usual approach is to give priority to the public interest in the funded party getting access to justice over that of the successful unfunded party recovering his costs and so not having to bear the expense of vindicating his rights. (3) Where, however, the non-party not merely funds the proceedings but substantially also controls or a...

4. Exemption order Goldman Sachs NZ Limited [pdf, 51 KB]

   Ministerial Exemption: Goldman Sachs New Zealand Limited 1 In my capacity as the Associate Minister of Justice and pursuant to section 157 of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (‘the Act’), I exempt the GSNZ Reporting Entities (as that term is defined in 2 below) from section 56(2) of the Act, in so far as the AML/CFT compliance officer must be an employee of the reporting entity. 2 ‘GSNZ Reporting Entities’ means: a. Gol...

5. [2023] NZEmpC 229 Ugone v Star Moving Ltd [pdf, 146 KB]

   ...needs to obtain prior permission from a Judge. [5] The In-Court Media Guidelines 2016 assist the Court in exercising the discretion about in-Court media coverage.2 Again, as noted in the August 2023 decision, the key principles are promoting open justice. Other principles to be considered include the need for a fair hearing, recognising that the media has an important role in reporting on hearings to inform the public and the interests, reasonable concerns and perceptions of parti...

6. [2025] NZEmpC 91 LDJ v EZC [pdf, 280 KB]

   ...to be heard in person. [17] On 19 February 2025, LDJ’s views as to the potential appointment of a litigation guardian were provided by way of memorandum through counsel. Counsel advised that LDJ thought it essential to their ability to access justice that a litigation guardian be appointed. [18] An affidavit from LDJ’s brother was received on 21 February 2025. Although he was clear that he was writing it in his personal and not his professional capacity, it is relevant that...

7. IPT Annual Report 2011 [pdf, 456 KB]

   ...and Protection Tribunal. It covers seven months, from 29 November 2010 to 30 June 2011. The Immigration Act 2009 imposes no reporting requirements on the Immigration and Protection Tribunal. Nevertheless, on 19 April 2011, the Minister of Justice accepted the Chair’s offer to provide him, the Minister for Courts, and the Minister of Immigration with an annual report on the Tribunal’s activities. The Immigration and Protection Tribunal is established under section 217 of...

8. Family Court statistics: An overview of Family Court statistics in New Zealand 2004 to 2008 [pdf, 1.4 MB]

   ...This bulletin analyses, between 2004 and 2008, the four main areas that come under the jurisdiction of the Family Court. 1 It also looks at overall trends of use from 1999 to 2008. Family Court statistics – main findings 1 For more information, please go to www.justice.govt.nz/courts/family-court. 2 Throughout this publication, only substantive applications are considered. 1 www.justice.govt.nz PO Box 180, Wellington, New Zealand CORP414 • ISBN 978-0-478-29087-X 2 STATISTIC...

9. Gray v Ministry for Children (Strike-Out Application) [2018] NZHRRT 13 [pdf, 227 KB]

   ...reply on the issue. I believe that the investigator from the office of the privacy commissioner assigned to the case also was unable to get a response from the ministry also. So I believe I had a right to move on to the HRRT for assistance with these matters. [5] The withdrawal of the complaint was acted on by the Commissioner who decided to take no further action on the complaint, a decision he was entitled to make under the Privacy Act 1993 (PA), s 71(1)(d) discussed below. [6] In s...

10. BORA Manukau City Council (Control of Graffiti) Bill [pdf, 322 KB]

    ...making a statement when arrested or detained. In R v Hebert,[6] McLachlin J (as she then was), said: The purpose of [the right] is two-fold: to preserve the rights of the detained individual, and to maintain the repute and integrity of our system of justice. More particularly, it is to control the superior power of the state vis-a-vis the individual who has been detained by the state...The state has the power to intrude on the individual's physical freedom by detaining him or her. T...