Search Results

1. Cycle-5-KMs-and-QAs-public-V1.0-Final.pdf [pdf, 246 KB]

   ...significant increase in shoplifting crimes including robbery, burglary and theft, which NZCVS doesn’t record. The NZCVS was designed to measure reported and unreported crime and victimisation in New Zealand at the personal and household level, to inform justice sector interventions that otherwise might not be meeting the needs of all victims. 5. Are some regions safer than others? The NZCVS consistently finds that the region New Zealanders live in has little effect on wh...

2. D Trust v IAG New Zealand Ltd & Max C & Max E & Orange H M & Orange H G & QBE [2019] CEIT-2019-0037 [pdf, 158 KB]

   ...homeowners, facing large bills for experts and lawyers, opposed by insurers dealing with far wider issues than just one particular case involving those homeowners. There was always more at stake for insurers than there ever was for homeowners. To make matters worse, costs automatically followed the event, so that homeowners found themselves being forced to settle because of the risks they ran in conducting expensive and time consuming litigation. [2] It is not a surprise that the...

3. [2013] NZEmpC 120 George v Auckland Council [pdf, 52 KB]

   ...needlessly prolong the hearing; the cases referred to by Mr Clarke in support of the application are distinguishable and he says that the material is not new. 1 [5] The Court has a broad discretion to admit further evidence where the interests of justice so require. However, as the previous Chief Judge of the Employment Court pointed out in Petersen v Board of Trustees of Buller High School 2 , the discretion may be exercised only in exceptional circumstances. [6] I am not sa...

4. [2013] NZEmpC 199 Sealord Group Ltd v Pickering [pdf, 44 KB]

   ...defendant. The application was filed shortly after the delay had been brought to counsel’s attention. There is no suggestion that the plaintiff is prejudiced by the brief delay in filing. [7] Overall, I am satisfied that it is in the interests of justice that leave be granted. The application is accordingly granted. The statement of defence and cross- challenge must be filed and served within five working days from the date of this judgment. [8] The plaintiff...

5. BORA Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Bill [pdf, 188 KB]

   ...Rights Act 1990. The Bill does not raise any apparent inconsistency, apart from one issue that I understand will be addressed by the Cabinet Legislation Committee when it considers the Bill on 22 April 2010. The Bill will provide for a number of matters relating to management of the Waikato River. It will provide for recognition of a vision and strategy for the River, and for involvement of the named iwi in management of the River. The Bill will also provide for a Waikato River Clean-...

6. [2021] NZEmpC 212 Alkazaz v Enterprise IT Ltd [pdf, 165 KB]

   ...judicial decision of relevance and high authority; second, where representatives have failed to direct the Court’s attention to a legislative provision or authoritative decision of plain relevance; and third, where for some very special reason, justice requires that the judgment be recalled.3 [5] The first two categories are not in issue here. For Mr AlKazaz to succeed, he would need to show that some very special reason exists so that justice requires the judgment to be recall...

7. 2021-08-27 Minute re PC1 & PC8 [pdf, 144 KB]

   ...dispute. [4] While it is commendable that the parties wish to continue to progress a resolution of these submission points, the court has two overriding concerns in relation to mediation by AVL in this instance: (a) the need to ensure access to justice by all parties; and (b) the logistics of conducting a mediation by ZOOM, or a similar platform, in a manner that is logistically feasible, accessible and fair to all participants. [5] There are a number of parties to each of the...

8. Peita - Motatau 3H2[2019]Chief Judge's MB 337 (2019 CJ 337) [pdf, 362 KB]

   2019 Chief Judge’s MB 337 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20150003204 CJ 2015/24 UNDER Section 45, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Motatau 3H2 Block BETWEEN ALLAN SHANE PEITA Applicant Hearing: 11 December 2018, 2018 Chief Judge’s MB 1029 - 1043 (Heard at Whangarei) Judgment: 30 April 2019 JUDGMENT OF DEPUTY CHIEF JUDGE C L FOX...

9. BORA Land Transport Amendment Bill [pdf, 127 KB]

   ...regime in the Land Transport (Street and Illegal Drag Racing) Amendment Bill was inconsistent with the protection from unreasonable search and seizure set out in section 21 of the Bill of Rights Act. The section 7 report tabled in relation to this matter concluded that there was not a rational connection between the objective of the Bill (the deterrence of "boy racer" behaviour) and the power to seize and impound vehicles for 28 days (proposed clause 8), and nor was the impoundm...

10. [2021] NZEmpC 161 A Labour Inspector v Prisha’s Hospitality (2017) Ltd T/A Royal Cambridge Indian Restaurant [pdf, 198 KB]

    ...jurisdiction or dissipated. 1 See for example A Labour Inspector of Ministry of Business, Innovation and Employment v Jeet Holdings Ltd [2019] NZEmpC 188 at [5] and the cases there referred to. (d) The balance of convenience and interests of justice require the order to be granted. In making this assessment, the Court will need to consider any potential defences that a respondent may have. [14] The orders sought by the Labour Inspector comprise: (a) An order purs...