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1. Canterbury Westland Standards Committee v Eichelbaum [2015] NZLCDT 8 [pdf, 55 KB]

   ...clear that: “A Tribunal or Judge deciding whether to order suppression is exercising discretion which, in a disciplinary context, must allow for any relevant statutory provisions as well as the more general need to strike a balance between open justice considerations and the interests of the party who seeks suppression. The likely particular impact of publicity on that party will always be relevant, but it is untenable to suggest that professional people of higher public profile, such...

2. [2021] NZEmpC 100 Alkazaz v Enterprise IT Ltd [pdf, 242 KB]

   ...settlement. It is hard to image a clearer example of a dispute that the parties were attempting to resolve. On this basis the correspondence is privileged. [24] I do not accept that, in some way, the correspondence can be used by Mr AlKazaz because matters have stepped on from April 2017 when it was exchanged. The correspondence in exhibit 9 did not lose its privileged quality just because an agreement was not reached.14 [25] It is possible that Mr AlKazaz is attempting to...

3. Fehling v New Zealand Post (Lifting of Stay) [2013] NZHRRT 43 [pdf, 47 KB]

   ...to make the interim order out of “safety”. The interim order application [5] Jurisdiction to make an interim order is conferred by s 95(1) of the Human Rights Act 1993 which provides: 95 Power to make interim order (1) In respect of any matter in which the Tribunal has jurisdiction under this Act to make any final determination, the Chairperson of the Tribunal shall have power to make an interim order if he or she is satisfied that it is necessary in the interests of justice to...

4. Pace v Cain - Parish of Manurewa 196 and 197A Section 2B 4 [2017] Māori Appellate Court MB 342 (2017 APPEAL 342) [pdf, 297 KB]

   ...(c) The extent of prejudice caused by the delay; (d) The length of the delay and the reasons for it; and (e) Whether the appeal raises any issue of public importance. [19] The overarching consideration is where the overall interests of justice lie.10 [20] The notice of appeal and application for leave to appeal out of time were received by the Court on 16 August 2017, six months out of time. As this Court has previously found it is incumbent upon the appellant to bring such...

5. BORA Legal Services Amendment Bill [pdf, 286 KB]

   ...consider that any prima facie inconsistencies are justified in terms of s 5 of the BORA. Val Sim Crown Counsel Allison Bennett Associate Crown Counsel 1 Clause 4(4) of Schedule 1 reads, "[w]here an application for legal aid for a civil matter is made by a minor aged 16 years or over, the Agency may treat the resources of the following persons as resources of the applicant ..." 2 We note that these provisions were originally introduced to Parliament in the form of an am...

6. [2017] NZEmpC 44 Lyttelton Port Co Ltd v Arthurs [pdf, 90 KB]

   ...Pursuant to reg 64(3) any stay may be made subject to conditions the Court considers fit to impose. In Assured Financial Peace Ltd v Pais Chief Judge Colgan observed that reg 64 gives a broad discretion with the ultimate test being the interests of justice as between the parties. 2 [14] I am satisfied that the interests of justice are met by granting the application and imposing the conditions proposed by the parties. However, condition (f) needs to be modified so that the paym...

7. Ormsby v Ormsby - Aorangi B No.1A No. 3 [2018] Maori Appellate Court MB 547 (2018 APPEAL 547) [pdf, 203 KB]

   ...counsel was instructed. In his minute dated 5 September 2018, the Chief Judge, in setting the appeal down for hearing, has implicitly granted leave to appeal out of time.5 Having carefully considered the evidence on the file, and the interests of justice, to avoid doubt, we grant leave to appeal out of time, under s 58(3) of Te Ture Whenua Māori Act 1993and r 8.14 of the Rules. [5] Dr Gilling also sought to adduce further evidence. For reasons that are set out below, even thou...

8. [2024] NZEmpC 153 M v Q [pdf, 179 KB]

   ...anomaly was of the same type as was discussed recently in C v P.1 The same administrative process for dealing with the irregularity was undertaken at my instruction. The subject judgments were removed from the Court’s website by the Ministry of Justice (the Ministry). That resulted in erroneous third-party links ceasing to operate, with a message appearing stating “Page not found”. The Ministry then requested that the third party remove the listing. The Court understands...

9. [2024] NZEmpC 111 Citadel Capital Ltd v Miles [pdf, 193 KB]

   CITADEL CAPITAL LIMITED v EOIN MILES [2024] NZEmpC 111 [21 June 2024] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2024] NZEmpC 111 EMPC 100/2024 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for costs on an interlocutory application for stay of proceedings BETWEEN CITADEL CAPITAL LIMITED First Plaintiff...

10. Media information

    ...the Media Guide and a guide issued by the Principal Family Court Judge. Information about covering the Youth Court is available in the Media Guide and a guide issued by the Principal Youth Court Judge. Reporting restrictions In the interests of justice and to protect the integrity of the trial process, there may be times during a case when restrictions will apply to the information that can be made public. Information may be suppressed by law (known as “statutory prohibitions”), or the...

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