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1. Police Detention Legal Assistance

   This section has resources for Police Detention Legal Assistance (PDLA) providers. It includes information about the operation of the PDLA service and responsibilities of PDLA providers. The PDLA service operates under the authority of the Secretary for Justice as a specified legal service pursuant to s 68(2)(b) of the Legal Services Act 2011. Approval to provide PDLA services Lawyers seeking PDLA approval listing should contact Provider Services for more information: Email: legalaidpr...

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2. Structure and jurisdictions (specialist)

   ...of amendments contributing to the goal of a modern, effective, and efficient courts and tribunals system. Te Ture Whenua Māori Act reform. The Whenua Māori Programme is a cross-government programme jointly led by Te Puni Kōkiri and the Ministry of Justice. It has included recent reforms to Te Ture Whenua Māori Act 1993. The Programme is currently focused on implementing these changes to the Act, and other technology and operational changes for the Māori Land Court. Further information on t...

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   4. Courts and tribunals

3. IN & UI v C Ltd [2023] NZDT 394 (31 August 2023) [pdf, 213 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...

4. Kaupapa Maori responses to violence against wahine Maori [pdf, 965 KB]

   ...violence. We have avoided using the term ‘victim’ and ‘offender’ as much as possible acknowledging that many whānau Māori prefer not to use these terms. Sometimes these terms are used when it makes more sense in relation to the criminal justice system. A comment on the term ‘victim’: That’s one of the things that we need to understand is that any victims – I don’t like calling them victims – whānau, that have experienced this, we need to encourage them to be...

5. [2012] NZEmpC 24 Butterworth v TBA Communications Ltd [pdf, 148 KB]

   ...1 [2011] NZERA Auckland 540. 2 [2011] NZERA Auckland 258. No time limit for payment was set by the Authority for payment of costs, and nor was there any express requirement that the amount be paid in a lump sum. These are matters that the plaintiff seeks to make something of, and which are dealt with below. [3] It is apparent from the affidavit evidence filed in these proceedings that, despite a request that payment be made, the plaintiff failed to do so. The...

6. White v Dodd - Ruaihona Marae (2015) 128 Waiariki MB 155 (128 WAR 155) [pdf, 191 KB]

   ...4G (Part) – Rongopai Marae (2004) 34 Gisborne Appellate MB 98 (34 APGS 98) . 3 Baker – Tataraakina C Block (1995) 11 Takitimu Appellate MB 50 (11 ACTK 50); Tito v Tito [2012] NZCA 493; and Clarke v Karaitiana [2011] NZCA 154 http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maori-land-court-sittings/2002/bristowe-section-4c1-blk-ii-tuatini-township-and-lot-1-dp-7439-and-lot-2-dp-7439-2002-151-gisborne-mb-250 http://www.justice.govt.nz/courts/maori-land-c...

7. Boyce v Westpac New Zealand Ltd (Non-Party Discovery) [2015] NZHRRT 31 [pdf, 58 KB]

   ...Tribunal a wide discretion. In the exercise of that discretion appropriate account must be taken of the procedure prescribed by the High Court Rules. While those Rules do not apply to the Tribunal, they are often drawn on to provide guidance on such matters as discovery subject to the proviso the Rules are to be appropriately modified and adapted to the Tribunal’s distinctive jurisdiction. Rule 8.21 has specific application to particular discovery against a non-party after proceeding...

8. Matchitt - Frank Hata Estate [2016] Chief Judge's MB 860 (2016 CJ 860) [pdf, 98 KB]

   2016 Chief Judge’s MB 860 IN THE MĀORI LAND COURT OF NEW ZEALAND WAIARIKI DISTRICT A20090015323 CJ 2009/30 UNDER Section 45 Te Ture Whenua Māori Act 1993 IN THE MATTER OF Frank Hata also known as Pera Frank Hata EDWARD MATCHITT Applicant Judgment: 25 October 2016 DECISION OF CHIEF JUDGE W W ISAAC Copies to: A Gallie, Ruahine Law, PO Box 24 Otane, ruahinelaw@gmail.com 2016 Chief Judge�...

9. LCRO 111/2015 UA v VB (12 May 2017) [pdf, 259 KB]

   ...of the proceedings was inaccurately recorded”14 in Mr VB’s own records:15 To the contrary, [the Standards Committee] considered the fees charged were particularly modest in light of the discounted hourly rate and the protracted nature of the matter which involved extensive work on Mr VB’s part over a period of some seven years. 16 [20] Having considered these matters, the Committee determined that Mr VB’s fees were fair and reasonable. [21] Mr UA disagreed and applied...

10. Motu v Rapihana - Pukepoto 8B15B3B Residue (2022) 256 Taitokerau MB 150 (256 TTK 150) [pdf, 242 KB]

    ...plaintiff must also be determined. Before an assessment can be made the plaintiff must satisfy the Court that the claim is neither frivolous nor vexatious and that there is a serious question to be tried, with a further consideration being the overall justice of the case.2 The general approach to determining whether there is a serious question to be tried was that set out in Henry Roach (Petroleum) Pty Ltd:3 In order to determine whether there is a serious issue to be tried it is n...