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1. BORA Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Bill [pdf, 283 KB]

   ...10 is justifiable in terms of s 5 BORA:[3] 5.1 The Bill reflects a reciprocal and negotiated agreement between two parties. In return for the compensation under the settlement, Taranaki Whanui ki Te Upoko o Te Ika has agreed that the subject matter of its historical claims should not be the subject of further litigation. The Crown is satisfied there was the appropriate mandate to enter into such an agreement. This assessment is also consistent with the decision of the Court of Appeal...

2. BORA Education Amendment Bill [pdf, 200 KB]

   ...practice and procedure to be followed in exercising the powers in ss 139AAA to 139AAD, including the keeping of records, requirements for storage, provisions for return and circumstances for the disposal of items. We consider that rules covering these matters would increase the consistency of the powers under new s 139AAA with s 21 of the Bill of Rights Act. In regard to record keeping, we also note that the Ministry of Education has indicated that it will consider whether there should b...

3. Ruapuha Uekaha Hapu trust - Hauturu East 8 Block (2009) 21 Waikato-Maniapoto 212 (21 APWM 212) [pdf, 47 KB]

   ...brought by or on behalf of any person who is materially affected by the determination appealed from, or who would be bound by an order made in pursuance of it. (3) The Maori Land Court may decline leave where it is satisfied that the interests of justice and of the parties would best be served by completing the proceedings before any appeal is made to the Maori Appellate Court. (4) When leave to appeal is so given, the Maori Land Court may either stay further proceedings in the matte...

4. [2020] NZEmpC 14 Thorne v Rolton [pdf, 310 KB]

   ...Thorne did not make any submissions in reply. 1 Thorne v Rolton [2019] NZEmpC 171. [3] The Court has a discretion to award costs.2 That discretion must be exercised in the interests of justice and in accordance with established principles. The discretion may take into account conduct tending to increase or contain costs.3 Since 1 January 2016, the Court has used a Guideline Scale to assist in exercising this discretion...

5. [2020] NZEmpC 48 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 337 KB]

   ...VICE-CHANCELLOR OF VICTORIA UNIVERSITY OF WELLINGTON [2020] NZEmpC 48 [21 April 2020] IN THE EMPLOYMENT COURT OF NEW ZEALAND WELLINGTON I TE KŌTI TAKE MAHI O AOTEAROA TE WHANGANUI-A-TARA [2020] NZEmpC 48 EMPC 317/2017 IN THE MATTER OF a challenge to determination of the Employment Relations Authority AND IN THE MATTER of an application for costs BETWEEN CAROLINE SAWYER Plaintiff AND THE VICE-CHANCELLOR OF VICTORIA...

6. Gibson v Accident Compensation Corporation (Costs) [2022] NZACC 221 [pdf, 126 KB]

   ...Reference is made to paragraph 85 where the court says that good advocates should be encouraged in view of the problems that ACC claimants have obtaining legal assistance. [12] Mr Gibson submits that if Mrs Gibson had not provided this service, justice would not have been served and the system would have failed him. 1 Accident Compensation Corporation v Carey [2021] NZHC 748. [13] He says it is not for ACC to assume that the service provided by Mrs Gibson is or should be pro...

7. [2022] NZEnvC 081 The New Zealand King Salmon Company Limited [pdf, 189 KB]

   ...[6] The Upper Takaka Irrigators supported the position of Ngāti Tama. Outcome [7] Having considered the applications and the submissions of Ngāti Tama and Upper Takaka Irrigators, I am mindful of the need to balance the principles of open justice and to acknowledge and respect the concerns of the parties. On this basis, I make the following directions: (a) due to health and safety risks, no media may film inside the hearing room at Nelson District Court, but all will be given...

8. [2023] NZEmpC 85 Joyce v Ultimate Siteworks Ltd [pdf, 166 KB]

   ...$20,000, with an additional approximately $4,500 for costs on this application. (e) USL will be significantly affected financially if it succeeds in its defence of the challenge and is unable to recover costs. (f) It is in the interests of justice that that security for costs be awarded. [4] Mr Joyce opposes the application. He says he is not impecunious and does not have financial hardship to the extent asserted by USL. He says that the information provided by USL is based...

9. NH v Singh LCRO 53/2013, 91/2013 and 115/2013 (27 August 2014) [pdf, 95 KB]

   ...the [Area] Standards Committee BETWEEN AND MR NH DHIRENDRA (SHEAN) SINGH Except for the Respondent the names and identifying details of the parties in this decision have been changed DECISION Introduction [1] When the subject matter of Mr NH’s complaint arose, Mr Singh, who is a lawyer and sole principal of EFG Firm, was also a: (a) Beneficiary of XYZ Trust, a trust settled and administered by his brother, and another trustee.1 (b) Director and shareholder...

10. Stewart v Accident Compensation Corporation (Vocational Independence) [2022] NZACC 197 [pdf, 335 KB]

    ...evidence, to allow for an orderly and rational process. However, the Court may hear any evidence that it thinks fit (s 156(1) of the Act), and there were certain matters of fact which remained unclear to the Court. Primarily, in the interests of justice being done and seen to be done to Ms Stewart, the Court allowed her to give evidence, be examined and cross-examined. Background [3] Ms Stewart was born in October 1956. She worked in administrative roles, most recently as a cou...