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1. EI & MQ v M Ltd [2024] NZDT 485 (19 June 2024) [pdf, 95 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. D Ltd v G Ltd [2024] NZDT 448 (5 June 2024) [docx, 268 KB]

   ...was likely consumed anyway is purely speculation, is not supported by any evidence and indicates a disregard for health and safety of the recipients of its product. 19. Allowing G Ltd to profit from this supply of tainted [food] would result in an injustice and against public policy. 20. Pursuant to s127 of the CCLA, the contract is void if the goods have perished at the point of contract. 21. Accordingly, the Tribunal finds that D Ltd is entitled to a full refund as contract damages for G L...

3. Fourth-UPR-Recommendations_FINAL_Redacted-v2.pdf [pdf, 616 KB]

   © Crown Copyright, Creative Commons Attribution 4.0 International (CC BY 4.0) Hon Paul Goldsmith Minister of Justice Proactive release – Response to the Fourth Universal Periodic Review Recommendations Date of issue: 27 September 2024 The following documents have been proactively released in accordance with Cabinet Office Circular CO (23) 04. No. Document Comments 1 Response to the fourth Universal Periodic Review recommendations Cabinet paper Office of the Minister of Ju...

4. BORA Aquaculture Reform Bill [pdf, 458 KB]

   ...minorities). We have come to the conclusion that to the extent the Bill limits these rights, those limitations appear to be justifiable in terms of section 5 of the Bill of Rights Act. 3. We have also considered potential issues in relation to the rights to justice (sections 27(2), and 27(3)), but consider that the Bill is consistent with section 27. 4. The Bill therefore appears to be consistent with the Bill of Rights Act. 5. We have consulted with the Crown Law Office on this advice...

5. Apostolakis v Public Trust (Strike-Out Application) [2018] NZHRRT 21 [pdf, 205 KB]

   ...grounds: [6.1] The Tribunal has no jurisdiction to hear and determine the complaint that the Public Trust breached also IPPs 7, 8, 10 and 11 and also PA, ss 120 and 127. [6.2] A number of allegations in the statement of claim are unrelated to the matters investigated by the Privacy Commissioner or are incomprehensible. The Minute issued on 31 October 2017 [7] To allow the challenge by the Public Trust to be meaningfully addressed the Chairperson by Minute dated 31 October 2017 direct...

6. OIA-118936.pdf [pdf, 3.3 MB]

   ...between 1950 and 1999. 13. In December 2019, Cabinet directed officials to commence consideration of legislative reform of the Limitation Act 2010 in respect of historic claims of abuse in care. [SWC-19- MIN-0193]. We briefed Minister Little on this matter on 6 August 2020. 14. The Minister of Justice is responsible for the administration of the 1950 Act and the 2010 Act and would lead any legislative reform. The 2010 Act replaced the 1950 Act, but the 1950 Act still applies to claims...

7. BORA Organised Crime (Penalties and Sentencing) Bill [pdf, 267 KB]

   ...rights and freedoms contained in the Bill of Rights Act. 10. This advice has been peer reviewed by Val Sim, Crown Counsel, in accordance with Crown Law's usual practice. 11. We attach a copy of this opinion for referral to the Minister of Justice, if you agree. Christina Inglis Crown Counsel Footnote 1 Refer p 842, para 154. In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-...

8. Authority to Act Form 2023 [pdf, 179 KB]

   Tribunals Unit For more information visit www.justice.govt.nz/tribunals Page 1 For more information visit www.justice.govt.nz/tribunals ATA 06/09 - 1 ‘Authority to Act’ Information Guide What is an agent or a representative? An agent or representative is someone who can act on your behalf when dealing with a Tribunal, Authority, or Scheme administered by the Tribunals Unit of the Ministry of Justice. You can choose a person or an organisation to be your agent or...

9. Practice Note 2023 [pdf, 301 KB]

   ...Saturday or a Sunday, the following Monday; and (c) a day in the period commencing on 20 December in any year and ending with 10 January in the following year. 3. Communication 3.1. Communicating with the Court (a) Any communication on any matter relating to a proceeding before the Court must be made in writing addressed to the Registrar or to the assigned case, hearing or ADR process manager unless it is made in open court or at a conference. (b) Communication may be by e...

10. Director of Proceedings v Summerset Group Holdings Ltd [2022] NZHRRT 1 [pdf, 443 KB]

    ...REVIEW TRIBUNAL [2022] NZHRRT 1 I TE TARAIPIUNARA MANA TANGATA 2 [1] These proceedings under the Health and Disability Commissioner Act 1994 were filed on 17 December 2021. [2] Prior to the filing of the proceedings the parties resolved all matters in issue and the Tribunal is asked to make a consent declaration. The parties have filed: [2.1] A Consent Memorandum dated 8 October 2021; [2.2] An Agreed Summary of Facts, a copy of which is annexed and marked ‘A’; and [2....