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  1. McLeod v Nga Uri a Maata Ngapo - Charitable Trust Harataunga West 2B2A1 Block [2017] Chief Judge's MB 46 (2017 CJ 46) [pdf, 474 KB]

    ...received, the Chief Judge can amend the order complained of if it was erroneous in fact or in law because of any mistake or omission by the Court or Registrar or in the presentation of the facts of the case to the Court, if it is in the interests of justice to do so. Background [3] The Case Manager’s preliminary Report and Recommondation (“the Report”), dated 20 December 2011, sets out the background to the application. The Report is produced in full as follows:...

  2. Consultation response report [pdf, 745 KB]

    ...they become aware “the Court has made an order relating to costs under section 45 of the Act”. 6. Inform the Commissioner about decreased prospects of success 37. We proposed a new obligation to inform the Legal Services Commissioner of any matter (civil matters only), that materially decreases the aided person’s prospects of success at first instance, or the merits of any appeal. This will assist the Legal Services Commissioner in considering whether legal aid should continue....

  3. BO & CO v MI [2022] NZDT 1 (14 February 2022) [pdf, 167 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...

  4. WL v SE [2024] NZDT 160 (8 April 2024) [pdf, 207 KB]

    ...was also named on the tenancy agreement. 5. During 2023 issues arose with the landlord about rent arrears in relation to the property. There was also an issue about the payment of the bond. WL mostly took responsibility for trying to resolve matters with the landlord. This involved a protracted email conversation with the landlord. CI0301_CIV_DCDT_Order Page 2 of 5 6. On 5 August 2023 SE served a notice (together with the required supporting documentation), on the landlord...

  5. DC v CN [2025] NZDT 21 (10 April 2025) [pdf, 232 KB]

    ...repair DC’s car. 2. After the first hearing CN made a claim about the collision with his insurer, W Ltd, and W Ltd has been added as a participant in the hearing. In the first hearing CN had indicated he wished to file a counterclaim in the matter, and an adjournment was granted to allow that to happen. At the second hearing W Ltd confirmed that it did not intend to file a counterclaim. W Ltd had not been involved in the discussion in the first hearing but was content to allow the...

  6. G Ltd v B Ltd [2025] NZDT 174 (15 May 2025) [pdf, 116 KB]

    ...the dispute. This extinguishes the prior rights and bars the parties from re-litigating the outcome.4 [17] The reasoning behind the doctrine is that litigation should be final (barring an appeal) and to protect the integrity and efficiency of the justice system. [18] The doctrine prevents a party from bringing a claim once that particular claim has been subjected to a final judgment by a Court or Tribunal of competent jurisdiction. For the doctrine to apply, the later claim must have...

  7. [2018] NZEmpC 5 Read v Trends Publishing International Ltd [pdf, 121 KB]

    ...However, he proposes that this be subject to a condition that the sum be repaid in the event of a receivership or liquidation of the defendant company. [12] Subsequent repayment of the sum to Mr Read could be ordered, if this was in the interests of justice. Where a costs challenge succeeds, it may be appropriate for some or all of a sum paid into Court to be repaid to the challenger. But any such step is case specific. [13] Whether repayment should occur in the event of receiv...

  8. Leaders Real Estate (1987) Limited v CAC20008 & Anor [2015] NZREADT 41 [pdf, 155 KB]

    ...its penalty decision. [9] The applicant now seeks an order from us that the finding of unsatisfactory conduct made against it by the Committee on 1 November 2013 also be overturned. It submits that it would be unfair, contrary to the interests of justice, and inconsistent with the purposes of the Act to allow the Committee’s decision against it to stand in light of our decision in favour of Harcourts. The Case for the Applicant [10] Mr Matsis particularly refers to s.111(1) of th...

  9. Waitangi Tribunal - Kaupapa Inquiry Programme Direction [pdf, 476 KB]

    ...services and outcomes 4. Mana wahine and mana tane 5. Education services and outcomes 6. Identity and culture2 7. Natural resources and environmental management1 8. Social services, social development and housing 9. Economic development 10. Justice system 11. Citizenship rights and equality 26. As new kaupapa grievances may arise from time to time, it will be open to the affected claimants and the Crown to propose them for inclusion in the kaupapa inquiry programme. The prop...

  10. Electoral-Matters-Bill_Communications-Tranche-22.pdf [pdf, 27 MB]

    ...across 52 parts. These parts can be found by searching Official Information Act responses | New Zealand Ministry of Justice. Note: The Electoral Amendment Bill and Constitution Amendment Bill were originally progressed as one bill, the Electoral Matters Bill. Document Comments Electoral Amendment Bill and Constitution Amendment Bill correspondence Emails and their attachments Ministry of Justice, the Minister’s office, and other consulted agencies 6 December 2023 – 18 July...