Search Results

1. COVID-19 Public Health Response Bill [pdf, 205 KB]

   ...assembly); c. s 17 (freedom of association); d. s 18 (freedom of movement); e. s 19 (freedom from discrimination); f. s 21 (right to be free from unreasonable search and seizure); g. s 22 (liberty of the person); and h. s 27(3) (rights to justice in civil proceedings with the Crown). 4. Our analysis is set out below. The Bill 5. The Bill creates a bespoke legal framework for managing the public health risks posed by COVID-19 over the next two years, supplementing existing pow...

2. [2022] NZREADT 28 - Harris (14 December 2022) [pdf, 136 KB]

   ...does not meet the criteria in s 55(1)(d) of the Act. Mr Harris’ licence cannot be said to have been cancelled. The status of his licence is therefore “expired”. [26] It is submitted that the statutory scheme contains prescriptive natural justice obligations reflecting not just the fundamental right to natural justice, but also the harsh consequence of a decision to cancel a licence (notably that it prevents a person earning a living in his or her chosen profession for five y...

3. [2018] NZEmpC 30 Lancom Technology Ltd v Forman and ors [pdf, 322 KB]

   ...determination), above n 1 at [8]. 4 Employment Relations Act 2000, s 183. 5 Metallic Sweeping (1998) Ltd v Ford [2010] ERNZ 433 at [14] (EmpC). In areas of uncertainty, the Court will need to have regard to the Authority’s assessment of matters in a manner it would not do when deciding a substantive challenge by way of a hearing de novo. It may also be helpful and appropriate for the Court to have regard to the Authority’s substantive determination. [8] I also take...

4. DQ v UP [2022] NZDT 211 (9 December 2022) [pdf, 172 KB]

   ...reasonable consumer would not purchase him if his health conditions were known. BS is still of value to DQ, as he has elected to keep him, and gains pleasure from that ownership. However, in the circumstances, and taking into account the merits and justice, I find that the fair outcome is for the full purchase price to be refunded to DQ, but without an obligation to return BS to UP. I therefore award damages of $2,500.00 to DQ, being a full refund of the purchase price. Page 6 of 7...

5. Court-User-Survey-2023.pdf [pdf, 1.9 MB]

   ...over time. • 76% are satisfied with the services and facilities provided in 2023; this is not significantly different from 2021 (80%) but is lower than in 2019 (82%). o Higher satisfaction exists among those visiting court for administrative matters or jury service, and for users of the Auckland High, Nelson, Wellington High, and Christchurch Courts. Of those who have an opportunity to speak in court, Asian peoples, older users, people in paid employment, and those with mid to hig...

6. RIS - Control Orders [pdf, 918 KB]

   Impact Statement Template | 1 Coversheet: Control orders Advising agencies Ministry of Justice Decision sought Agreement to introduce new counter-terrorism legislation to manage the risk posed by a small number of returning New Zealanders who engage in terrorism-related activity overseas. Proposing Ministers Minister of Justice Summary: Problem and Proposed Approach Problem Definition A very small number of individuals who engage in, promote or support terrorist or vi

7. [2014] NZEmpC 197 Vince Roberts Electrical Ltd v Carroll Anor oral interlocutory [pdf, 63 KB]

   ...of costs in any event against the second defendant at this stage. There are substantial issues involving him still unresolved in this matter which mean that it is impossible at this stage to make any decision on the merits. In the interests of justice, so far as Mr Roberts is concerned, as second defendant, any costs against him should be reserved until the merits of the entire matter have been resolved. Accordingly, costs against him are reserved in respect of today’s applicat...

8. BORA Weathertight Homes Resolution Services (Remedies) Amendment Bill [pdf, 183 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...

9. BORA Standards and Accreditation Bill [pdf, 186 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...

10. BORA Fighting Foreign Corporate Control Bill [pdf, 184 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...