Search Results

1. Phillips - Estate of Edith Iritana Phillips [2019] Chief Judge's MB 981 (2019 CJ 981) [pdf, 335 KB]

   ...facts of the case to the Court or the Registrar, cancel or amend the order or certificate of confirmation or make such other order or issue such certificate of confirmation as, in the opinion of the Chief Judge, is necessary in the interests of justice to remedy the mistake or omission. [14] The principles that are applied to s 45 decisions have been previously set out in numerous decisions made by the Chief Judge and myself. These are to be found in the judgment Ashwell - Rawinia...

2. [2012] NZEmpC 186 Walker v Procure Health Ltd [pdf, 153 KB]

   ...costs follow the event. As to quantification, the principle is one of reasonable contribution to costs actually and reasonably incurred. These principles reflect a balance involving a number of factors. We mention only some of them. Access to justice considerations point away from automatic full recovery of costs for the successful party. On the other hand, a monetary judgment will often be of little practical moment to a successful party unless the losing party is required to...

3. Potangaroa - Golden Sarel Potangaroa [2015] Chief Judge's MB 562 (2015 CJ 562) [pdf, 293 KB]

   ...facts of the case to the Court or the Registrar, cancel or amend the order or certificate of confirmation or make such other order or issue such certificate of confirmation as, in the opinion of the Chief Judge, is necessary in the interests of justice to remedy the mistake or omission. (2) Subject to section 48 of this Act but notwithstanding any other provision of this Act, any order under this section may be made to take effect retrospectively to such extent as the Chief Judge...

4. The nature & extent of the sex industry in New Zealand: an estimation [pdf, 247 KB]

   ...relation to prostitution. Prostitution is now subject to the same laws and controls that regulate other businesses. The Prostitution Law Review Committee was established under Part 4 of the Act to review the operation of the Act and to consider related matters. The Act charged the Committee with preparing a report assessing the number of persons working as sex workers in New Zealand, and to report its findings to the Minister of Justice. The Committee commissioned the Ministry of Justice’...

5. [2022] NZEmpC 29 Courage v Attorney-General [pdf, 166 KB]

   ...until 18 February, shortly before it began. It says that the application should be granted due to the public interest, and the fact another media organisation has already obtained similar permission. [5] I agree that these proceedings involve matters of significant public interest. As noted, an application by another media organisation has already been granted in which the merits and concerns surrounding media coverage were considered.1 In those circumstances, I am sa...

6. [2023] NZEmpC 231 Boyd v OJI [pdf, 154 KB]

   ...IN EMPC 419/2023 AND THE APPLICANT’S NAME OR ANY IDENTIFYING DETAILS IN EMPC 444/2023 IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2023] NZEmpC 231 EMPC 419/2023 IN THE MATTER OF an application for leave to extend time to file a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for stay of proceedings BETWEEN MURRAY BOYD Applican...

7. Taylor v Corrections (Admissibility of Evidence) [2016] NZHRRT 10 [pdf, 72 KB]

   ...necessary. It is Part 4 which regulates the procedure of the Tribunal and the admission of evidence by it. [13] By virtue of s 106 of the Human Rights Act the Tribunal has a broad discretion to receive as evidence any statement, document, information, or matter that may, in its opinion, assist to deal effectively with the matter before it, whether or not it would be admissible in a court of law. Subject to this discretion the Evidence Act 2006 applies to the Tribunal “in the same man...

8. George Lancaster v The Real Estate Agents Authority (CAC 491), John Lantz & Stephanie Kelland [2017] NZREADT 77 [pdf, 209 KB]

   ...intends to cross-examine witnesses whose statements were before the Committee, call other evidence, and produce material that was not before the Tribunal. Mr Lancaster was advised that he is required to apply to the Tribunal for leave to do so. The matters required to be addressed in such an application were set out in the Tribunal’s Minutes dated 22 August 2017 and 15 September 2017. [11] On 20 October 2017 Mr Lancaster filed an “application to adduce further evidence”, b...

9. LCRO 131/2024 RD v PS (28 January 2025) [pdf, 179 KB]

   ...at [Law Firm 1]” (the reconsideration issue). [5] The Committee duly reconsidered that aspect of the original complaint. In a decision dated 6 September 2024, it concluded that “… it could not further advance its investigation into this matter” and decided to take no further action pursuant to s 138(2) of the Act, on the basis that any further action was inappropriate. [6] The applicant seeks review of that decision. Background [7] The background facts are set out in...

10. [2017] EmpC 153 Lorigan v Infinity Automotive Ltd [pdf, 479 KB]

    ...the same or similar issues before the Court and the Authority; and the Authority agreed with this contention.6 [12] By this stage, Mr Lorigan was self-represented. Because it was apparent that he would have difficulty in re-pleading the removed matters, and on the acquiescence of Mr Towner, counsel for Infinity, I ruled that the statements of problems and statements of reply regarding the proceedings in the Authority would now be pleadings in this Court.7 [13] For some time, the...