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1. Trustees of Tuhoe v Nikora - Te Uru Taumatua (2021) 260 Waiariki MB 103 (260 WAR 103) [pdf, 236 KB]

   ...on third parties; (e) The novelty and importance of the question involved; (f) The public interest in the proceeding; and (g) The overall balance of convenience. [7] These factors are not comprehensive and merely illustrate the wide range of matters which, in any given case, may need to be addressed to balance the overall interests of justice. Ngā kōrero a te kaitono Applicant submissions [8] The order granted on 21 April 2021 was for fresh elections to be held regarding the...

2. Hristovski v Accident Compensation Corporation (Jurisdiction) [2023] NZACC 100 [pdf, 203 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 100 ACR 51/22 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPEAL UNDER SECTION 162(1) OF THE ACT BETWEEN MARJAN HRISTOVSKI Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Submissions: The Appellant is self-represented T Gee for the Respondent Hearing: On the papers Judgment: 27 Ju...

3. QX v ZW LCRO 134/2014 (21 October 2016) [pdf, 159 KB]

   ...firm) to act for her. Ms ZW was the lawyer in the firm with responsibility for managing the file. Ms QX had earlier been granted legal aid for the case, and this grant was transferred to the firm. A law firm in [place] acted for Ms QX in bringing matters before the Court. Mr RF was also legally represented. [10] Very soon after being instructed in 2006, the firm filed relationship property proceedings in the Family Court on Ms QX’s instructions, and those were served on Mr RF....

4. [2012] NZEmpC 33 Cruickshank v CE of Unitec Institute of Technology [pdf, 57 KB]

   ...1 CC 27A/01, 15 November 2001. [7] In those circumstances (and counsel agree on this), the broad test as to whether new evidence should be admitted now is whether that is in the interests of justice. Mr Cook has relied on two provisions of the Evidence Act 2006, although acknowledging that this legislation does not apply to proceedings in this Court. Counsel is correct, of course, that the Court has previously said (and I would

5. [2014] NZEmpC 210 Robinson v Pacific Seals Ltd oral judgement [pdf, 62 KB]

   ...to the broader circumstances of the case. While at this early stage (and in the absence of detailed submissions on the likely merits of the application) I do not regard the prospects of success as high, there are important issues of access to justice that need to be weighed. 5 Booth v Big Kahuna Holdings Ltd [2014] NZEmpC 43, at [16]. [10] The application for security for costs and stay is declined. Costs [11] I turn...

6. BORA Ngati Awa Claim Settlement Bill [pdf, 81 KB]

   ...said to have an "adjudicative connotation" (Chisholm v Auckland City Council CA32/02 29 November 2002 at para 32). I do not believe a negotiated settlement between two parties can be considered to be an "adjudication" of the matters in dispute. Negotiation and adjudication are quite distinct concepts. Secondly, the determination needs to be by a Tribunal like body for the section to apply (Chisholm supra). The Crown is not such a body. 8. Even if the ouster clause...

7. BORA Taxation (Budget Measures) Bill [pdf, 89 KB]

   ...broadly there is no policy justification for differential rates based on the current age bands. Alignment would provide improvements in administration and compliance. The changes will also preserve more tax revenue that may be expended on more pressing matters. The distinction will only be temporary until the prescribed amounts are equalised. 12. We consider that the distinction is justified, the means adopted to achieve it are proportionate, and the practical benefits to society o...

8. Edinburgh v Scandrett [2016] NZREADT 29 [pdf, 120 KB]

   ...There is prejudice to the complainant as she faces more delay from resolution. The appellants’ rights of appeal are not affected by the procedure we have directed in terms of the Act. [19] In terms of the overall balance of convenience and justice in general, we decline the application for stay. ______________________________ Judge P F Barber Chairperson ______________________________ Mr J Gaukrodger Member ______________________________ Ms C Sandel...

9. BORA Māori Purposes Bill [pdf, 307 KB]

   ...further amendments before it is submitted to Cabinet, and we will provide you with further advice should this prove necessary. 3. The Bill is an omnibus piece of legislation that amends five existing pieces of legislation relating to Māori Affairs matters. The Bill: • Changes the name of the Maniapoto council of elders; • Formalises the establishment of a seventh Regional Management Committee for the Kawhia Harbour region; • Specifies a minimum voting age of 18 years for Māo...

10. BORA Arts Council of New Zealand Toi Aotearoa Bill [pdf, 298 KB]

    ...Arts Council of New Zealand Toi Aotearoa (the Arts Council). 4. The purposes of the Arts Council include promoting the arts in New Zealand, allocating funding to projects for professional and community arts, and giving advice to the Minister on any matter relating to the functions of the Council. CONSISTENCY WITH SECTION 19(1) OF THE BILL OF RIGHTS ACT 5. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the grounds of discri...