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1. BORA Immigration (Mass Arrivals) Amendment Bill [pdf, 335 KB]

   ...in the Employment Relations Act 2000 are necessary to prevent reviews from disrupting unfinished proceedings of the Authority.[10] The Court of Appeal has also considered provisions in the Tax Administration Act 1994 that prevent judicial review of matters dealt with through a specific procedure in that Act. It concluded that the approach is fair and that allowing judicial review could “provide scope for gaming and diversionary behaviour.”[11] That position has been confirmed by the S...

2. [2020] NZEmpC 94 Independent Prosperity Ltd v Huang [pdf, 198 KB]

   ...[15] In reply Mr Hinchcliff argued that an award for both steps was reasonable, given that the stay application was a subject of the directions conference. I disagree. There was only one directions conference and it dealt with all procedural matters. A subsequent telephone conference is dealt with as part of the substantive claim. Steps 11 and 13 have been claimed for both the stay application and the substantive proceeding so that allowing for both would result in a dou...

3. [2019] NZEnvC 162 Linnell v Hastings District Council [pdf, 378 KB]

   ...governmental decision, may have intervened and rendered the proceeding redundant. Even so, it must be clear that the plaintiff would have succeeded had the circumstances not changed. 13 (c) Such considerations may be relevant in the interests of justice but this is not to invite a general inquiry into the reasonableness of the parties' conduct and a plaintiff may not displace the presumption merely by showing that it had some merit on its side. (d) The Court need not consider...

4. [2021] NZEnvC 201 Guardians of the Bay Incorporated v Wellington International Airport Limited [pdf, 504 KB]

   ...Institute argues that the heading of its submission is not decisive and that the contents of the submission must also be taken into account. I accept that as a general proposition a submission should be read as a whole to properly ascertain its subject matter. In my view, when the submission is read as a whole (including its heading and contents), its subject matter could not be clearer. The header contains the following relevant information: • It says that it is a submission on &...

5. [2021] NZACC 108 – Wood v ACC (19 July 2021 [pdf, 162 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 108 ACR 134/17 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 162 OF THE ACT BETWEEN DANIEL WOOD Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the Papers Judgment: 19 July 2021 ____________________________________________________________________ JUDGMENT OF JUDGE A A SINCL...

6. Flewitt v New Zealand Law Society [2014] NZLCDT 64 [pdf, 43 KB]

   ...application for a practising certificate from Mr Flewitt, undertakings from a senior member of the profession such as Mr Pidgeon could be obtained in relation to ongoing support and mentoring for a short period at least. [34] We consider these are best matters dealt with by the NZLS at the time of consideration of a practising certificate rather than being matters which are properly in the domain of the Tribunal. Order [35] There will be an order restoring the name of David Philip...

7. Miller v REAA & Robinson [2013] NZREADT 33 [pdf, 25 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2013] NZREADT 33 READT 062/12 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN MARK MILLER Appellant AND REAL ESTATE AGENTS AUTHORITY (CAC 20003) First respondent AND SHANE ROBINSON Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr J Gaukrodger - Member Mr G Denley - Member SUBSTANTIVE CASE HEARD at DUNEDIN on 29 November 2012...

8. Practice Note: Hague Convention cases - mediation process [pdf, 32 KB]

   ...what is important to him or her. 7.2 The appointment of lawyer for the child prior to a counsel-led mediation in Hague Convention cases is to be considered in accordance with Practice Note: Lawyer for the child: Selection, appointment and other matters and Practice Note: Hague Convention cases: New Zealand Family Court Guidelines. 7.3 It is not anticipated that a child shall attend or be present at mediation. If the lawyer for the child is required to attend, that attendance is to p...

9. BORA New Zealand Security Intelligence Services Amendment Bill [pdf, 215 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 omissio...

10. BORA Births, Deaths, Marriages, and Relationships Registration Amendment Bill [pdf, 370 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...