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1. [2021] NZEmpC 71 Bowen v Bank of New Zealand [pdf, 241 KB]

   ...critical witness and his credibility will need to be assessed; (c) costs and efficiencies. [8] BNZ opposes the application. It says there is no important question of law that will arise in the case other than incidentally and that related matters in the Court do not involve sufficiently similar or related issues to the matters Ms Bowen seeks to remove. [9] The related matters currently before the Court are a challenge to the Authority’s non-publication order and for fur...

2. Auckland Standards Committee v Fendall [2012] NZLCDT 1 [pdf, 92 KB]

   ...same period as the second investigation, but including all of September 2007. This investigation of Ms Fendall’s invoices for the period 1 September 2006 to 30 September 2007 extended the investigation to include invoices issued to the Ministry of Justice during that period. [10] This third investigation found there had been over-charging during the period reviewed. This over-charging arose because on occasions the same time had been charged to the Legal Services Agency for Duty Soli...

3. Establishment of Canterbury Earthquakes Insurance Tribunal 30 January 2018 [pdf, 412 KB]

   ...decisions are needed in February in order to give Parliamentary Counsel Office sufficient time to draft the Bill. The attached draft Cabinet paper sets out the high-level Cabinet decisions that are required. 4. Your direction is needed on three matters. We recommend: 4.1. limiting appeal rights so the first appeal is only with leave of the High Court, and bypasses the District Court (for lower-value claims), but is still permitted on matters of fact and law; 4.2. the Tribunal be...

4. Criminal Cases Review Commission Bill - Redacted [pdf, 221 KB]

   ...approval for introduction (‘the LEG paper’). Executive summary 3. We are working towards introduction of the Bill on 25 September 2018. To support meeting this date, we have instructed the Parliamentary Counsel Office (‘PCO’) on several matters that we now seek your confirmation on. 4. Specifically, we seek your direction on the following matters: 4.1. the power to conduct thematic inquiries; 4.2. immunities for Commissioners and other staff; 4.3. ability to compel Commi...

5. J v ACC [2010] NZACA 2 [pdf, 39 KB]

   ...[3] The appellant seeks leave on the grounds: [a] That the decision is wrong in law; and 2 [b] That the cumulative procedural disadvantages to the appellant in the review and appeal at first instance have created a breach of natural justice such that the matter should now be decided by the High Court. [4] Submissions for the appellant deal respectively with the propositions that an error of law has been made and as well a breach of natural justice. Error of Law...

6. BORA Judicial Matters Bill [pdf, 309 KB]

   Judicial Matters Bill 24 July 2003 Attorney-General Judicial Matters Bill (PCO 4817/6) consistency with New Zealand Bill of Rights Act 1990 Our Ref: ATT114/1197(4) 1. I have considered the Judicial Matters Bill (PCO 4817/6) for consistency with the New Zealand Bill of Rights Act 1990 ("NZBORA") and am pleased to advise that the Bill does not contain any provisions that appear to be inconsistent with NZBORA. Nonetheless, three issues arose which required brief analysis...

7. Director of Proceedings v Smith (Costs) [2020] NZHRRT 35 [pdf, 259 KB]

   ...the Tribunal operates. See [60]. [9.4] The Tribunal was right to express caution about applying the conventional civil costs regime to its jurisdiction. Statutory tribunals exist to provide simpler, speedier, more affordable and more accessible justice than do the ordinary courts. The imposition of large fees to bring a claim and the imposition of adverse costs orders would undermine the affordability and accessibility long recognised as important advantages of tribunals over courts....

8. BORA Armed Forces Law Reform Bill [pdf, 557 KB]

   ...raise issues of consistency with the rights and freedoms protected in the Bill of Rights Act. As mentioned in our letter, the late receipt of the final version of the Bill meant that we were not in a position to provide detailed advice to you on these matters at that time. We understand that the Bill was considered by Cabinet on Monday, 19 February 2007 and approved for introduction. 2. The Bill seeks to reform the military justice system, which has not been substantially altered since 1...

9. Communication Assistance Quality Framework FINAL [pdf, 3.6 MB]

   ...right is also protected under the New Zealand Bill of Rights Act 1990, and the Human Rights Act 1993, and it is recognised in United Nations Conventions for the rights of the child and the rights of people with disabilities. To enable fair access to justice, and honour our responsibilities to Māori, we recognise that some participants in our justice system face more barriers than others in achieving equitable outcomes. “Communication assistance” is a key tool for our courts to help...

10. Family justice: An administrative review of family justice system reforms [pdf, 967 KB]

    Family Justice An Administrative Review of Family Justice System Reforms Published by the Ministry of Justice Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the i...