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1. [2025] NZEmpC 23  LAF v MEC & NIR [pdf, 217 KB]

   ...there is a real risk of dissipation. [13] The need to protect the applicant from a barren judgment must be balanced against any prejudice or hardship to the respondent and/or third parties. Consideration must be given to the overall interests of justice. [14] Once made, a freezing order restrains a party from removing assets located in or outside New Zealand, or disposing, dealing with or diminishing the value of those assets. Analysis [15] The applicant has filed with the Cou...

2. [2025] NZEmpC 61 Faitala and Vea v The Pacific Island Business Development Trust [pdf, 178 KB]

   ...Vea’s impecuniosity was caused by the Trust’s actions. (f) Ordering security for costs would prevent Mrs Vea from pursuing her challenge in the Court. She has a genuine challenge with strong merits, and her interest in being able to access justice outweighs the Trust’s concerns about not being able to recover its costs. (g) Declining the application for security would have no effect on the Trust’s ability to defend her claim. Analysis [12] The evidence concerning Mrs...

3. [2013] NZEmpC 10 Hutchison v Nelson City Council [pdf, 58 KB]

   ...obvious or inevitable. It is certainly arguable that there were “exceptional circumstances” as that term is used in s 114(4) and s 115 of the Act. [15] The overall consideration for the exercise of the Court’s discretion is the interests of justice. In deciding where that lies, I have regard to the factors discussed above. I also have regard to the fact that the Authority’s determination has the effect of finally dismissing Ms Hutchison’s grievance without there having...

4. Legal aid consultation paper: Proposed limited approval & temporary approval policies for legal aid providers [pdf, 107 KB]

   ...to the Legal Aid Services (Quality Assurance) Regulations 2011 that improve and streamline the legal aid provider approval processes. 3. Details of our proposed changes are outlined in this paper, and proposed drafts of the relevant Ministry of Justice documents are presented in the following appendices: 3.1. appendix one – the revised Temporary Approval Operational Policy and application form (renamed to Part 1a from Part 6); and 3.2. appendix two – the new Limited Approval Oper...

5. Legal aid consultation paper on proposed limited approval & temporary approval policies [pdf, 107 KB]

   ...to the Legal Aid Services (Quality Assurance) Regulations 2011 that improve and streamline the legal aid provider approval processes. 3. Details of our proposed changes are outlined in this paper, and proposed drafts of the relevant Ministry of Justice documents are presented in the following appendices: 3.1. appendix one – the revised Temporary Approval Operational Policy and application form (renamed to Part 1a from Part 6); and 3.2. appendix two – the new Limited Approval Oper...

6. BORA Support Workers (Pay Equity) Settlements Amendment Bill [pdf, 222 KB]

   ...which are to provide statutory certainty of employer obligations and employee rights. The Bill extinguishes current 1 RJR MacDonald v Attorney-General of Canada (1995) 127 DLR (4th) 1. 2 Ministry of Justice Legal Advice – Consistency with the New Zealand Bill of Rights Act 1990: Care and Support Worker (Pay Equity) Settlement Bill (17 May 2017). 3 Westco Lagan Ltd v Attorney-General [2001] 1 NZLR (HC) at 55. 4 Ministry of Justice, abov...

7. Law Commissioner Position Description [docx, 28 KB]

   ...Description Position Title KAIKŌMIHANA TURE | LAW COMMISSIONER Body Te Aka Matua o te Ture | Law Commission (the Commission) Appointed by Governor-General on recommendation of the Responsible Minister (currently Hon Kris Faafoi, Minister of Justice) Term Under section 32 of the Crown Entities Act 2004 the term may be for 5 years or any shorter period stated in the notice of appointment. A member may be reappointed and continues in office despite the expiry of their term, in the ci...

8. What to expect at the Family Court (Care of Children) Info Booklet MOJ0588 [pdf, 507 KB]

   Going to the Family Court after a separation or change in family situation can be stressful. Talking to your lawyer or a Kaiārahi (Family Court Navigator) first may help. Find information about how you can get in touch with a Kaiārahi on the back page. What to expect at the Family Court Arrange childcare The court does not provide childcare, so you’ll need to organise this. Let the court know if you need an interpreter If you need an interpreter, including for te reo Māor

9. OIA-108245.pdf [pdf, 283 KB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 20 December 2023 Our ref: OIA 108245 Tēnā koe Official Information Act request: Land Travel Thank you for your email of 22 November 2023, requesting, under the Official Information Act 1982 (the Act) information about the Ministry of Justice’s use of vehicles, taxis and ridesharing apps. Your request was as follows: We request the...

10. INZ (Calder) v Horan [2019] NZIACDT 13 (11 March 2019) [pdf, 274 KB]

    ...best service possible and your PPI letter is most certainly not in that category. … I am quite frankly disgusted that we have such arrogant public servants who cannot distinguish basic human rights when their own principles of fairness, natural justice and consistency are demanded to be adhered to but yet ignored. Such negative immigration profiling is abhorrent in any decent democratic society and INZ should take remedial actions to ensure that their principles under the Immigrati...