Search Results

1. [2021] NZEmpC 5 FVB v XEY [pdf, 175 KB]

   ...the stay application was not filed in the proper form and so, the defendant says, was made in error.3 The amount in issue, the plaintiff says, is $554.24. [7] The Court has a discretion as to costs which it must exercise in the interests of justice and in accordance with established principles. The Guideline Scale has been adopted to assist the Court and to promote predictability, expedition and consistency.4 A party, however, cannot obtain an award for costs that is greater than...

2. [2023] NZEmpC 26 Pilgrim v Attorney-General [pdf, 169 KB]

   ...issues in respect of the reasons why the application has been advanced, but are otherwise prepared to abide the decision of the Court. [2] The Court may order the recall of a witness who has already given evidence where it is in the interests of justice to do so.1 [3] The decision is necessarily a pragmatic one, dependent on the circumstances of the particular case.2 The importance of the evidence is a relevant factor.3 Also relevant is whether it emerged in a way that was not...

3. [2022] NZEmpC 16 Courage v Attorney-General [pdf, 167 KB]

   ...points. First, that the applicant is not a member of the “media” as that term is defined within the in-court media guidelines. Second, that the applicant’s underlying purpose in pursuing the request was at odds with the principle of open justice and fair and balanced reporting. Reference was made to a judgment of the High Court declining an application by a related applicant in Ready v Christian Church Community Trust.1 [3] I directed that the memorandum setting out the gro...

4. BORA Judicial Retirement Age Bill [pdf, 287 KB]

   ...Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omission...

5. MLC - 2011 May - Māori land today [pdf, 311 KB]

   ...and registration of it, into what is known as the primary layer for lending purposes. So in theory, perhaps still to be tested, Māori land should be more attractive to banks for lending purposes. I know this is a problem, and in my view primarily a matter of banks becoming educated in the Te Ture Whenua Māori Act 1993. Another project which has just been launched on the Māori Land Online website by Te Puni Kōkiri and the Ministry of Justice is the Māori Land Geographic Information...

6. BORA Electoral Amendment Bill [pdf, 133 KB]

   ...with the New Zealand Bill of Rights Act 1990. We have concluded that while the Bill raises issues under ss 12(2), and 14 of the Bill of Rights Act, it appears to be consistent with that Act in terms of s 7. 2. In short: 2.1 The Bill follows the Justice and Electoral Committee Inquiry into the 2014 General Election and adopts a number of recommendations of that inquiry. These are predominantly administrative and/or formal in character, but several proposed amendments do raise issues u...

7. Muru v Maungatautari Ecological Island Trust - Wani Wani 1 Block [2017] Māori Appellate Court MB 248 (2017 APPEAL 248) [pdf, 146 KB]

   ...The parties' conduct; (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. [5] The core question is whether the interests of justice warrant the granting of leave. 3 1 131 Waikato Maniapoto MB 77 (131 MB 77). 2 [2014] NZCA 197. Those principles have been applied by this Court, see Tahere v Tau (2017) Māori...

8. READT Annual-Report 2017-18 [pdf, 343 KB]

   ...and/or fact, which require careful consideration. Decisions of the High Court and Court of Appeal have added to the case law concerning the meaning and application of the provisions of the Act and the Rules. Page | 5 Legislative matters The Tribunals Powers and Procedures Legislation Bill (also referred to as the Courts and Tribunals Enhanced Services Bill) is currently before Parliament. The Tribunal understands that the Bill (together with certain provisions inc...

9. Contract Compliance statement 7May2021 [pdf, 215 KB]

   ...with other information such as the context). Personal information includes contact details, a person’s image or a recording of their voice, and their bank account, fines, and financial information. s7 of the Act, Interpretation and related matters, and s69 Interference with privacy of individual. Privileged accounts System accounts that have rights in excess of those required by normal users. Typically used by system administrators for publications/restricting-the purposes o...

10. LCRO 034/2017 TC v DM (30 April 2019) [pdf, 287 KB]

    ...being sought, with proviso that the parties were able to settle earlier if in a position to do so.12 [81] Ms TC was right to be apprehensive about being in a position to comply with the settlement date. [82] Having done what she could to get matters underway, Ms TC’s attention understandably then turned to ensuring that she would receive the documents that had to be executed by her client in time for settlement. [83] Ms TC is convinced that the Committee, in providing account of...