Search Results

1. [2022] NZEmpC 217 Karunanayake v FED [pdf, 191 KB]

   ...under a contract of service, the court or the Authority (as the case may be) must determine the real nature of the relationship between them. (3) For the purposes of subsection (2), the court or the Authority— (a) must consider all relevant matters, including any matters that indicate the intention of the persons; and (b) is not to treat as a determining matter any statement by the persons that describes the nature of their relationship. [16] Both parties referred to informat...

2. Dixon - Succession to Pairama Ngutahi [2024] Chief Judge's MB 14 (2024 CJ 14) [pdf, 355 KB]

   ...O AOTEAROA I TE ROHE O TE TAIRĀWHITI In the Māori Land Court of New Zealand Tairāwhiti District AP-20230000026872 A20210004497 CJ 2021/6 WĀHANGA Under Section 45, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Succession to Pairama Ngutahi I WAENGA I A Between LYNETTE ROSEMARY DIXON Te Kaitono Applicant Nohoanga: Hearing 23 March 2023, 2023 Chief Judge’s MB 388-402 (Heard at Rotorua) Kanohi kitea: Ap...

3. [2025] NZEmpC 45 FAJ v GEK & HIL [pdf, 201 KB]

   ...first respondent was also subject to the ordinarily implied terms of fidelity, trust and confidence, and the statutory duty of good faith. [19] LJB says that from the outset concerns existed about the first respondent’s approach to financial matters, including charges to the company’s business account that appeared unrelated to the business. The concerns were reinforced when the company’s accountants had difficulty reconciling the accounts. The accountants requested...

4. [2015] NZEmpC 137 Stevens v Hapag-Lloyd (NZ) Ltd costs [pdf, 173 KB]

   ...there are the “public” aspects of litigation. If the parties resort to formal adjudication through state-supported litigation there is distinct public expenditure involved. It was therefore important, as Lord Woolf MR pointed out in Access to Justice, the Interim Report on the civil justice system in England and Wales, to have a policy “… to develop measures which will encourage reasonable and early settlement of proceedings”. (Chapter 24, at para 1. See also Final Repor...

5. The needs of Pacific peoples when they are victims of crime [pdf, 647 KB]

   The needs of Pacific Peoples when they are victims of crime Prepared for the Ministry of Justice Dr ‘Ana Hau‘alofa‘ia Koloto Koloto & Associates Limited ii First published in May 2003 by the Ministry of Justice PO Box 180 Wellington New Zealand © Crown Copyright ISBN 0-478-20179-6 iii Foreword It is important that the perspectives and needs of Pacific peoples are taken into account when developing policies and support services for victims of crime. To this end, the M

6. Iwi panels: an evaluation of their implementation & operation at Hutt Valley, Gisborne & Manukau from 2014 to 2015 [pdf, 568 KB]

   1 Iwi panels An evaluation of their implementation and operation at Hutt Valley, Gisborne and Manukau from 2014 to 2015 Final report 17 June 2016 Prepared for Ministry of Justice, New Zealand Police and Department of Corrections Prepared by Akroyd Research & Evaluation Shaun Akroyd Judy Paulin Kirimatao Paipa Nan Wehipeihana 2 Contents Glossary ..............................................................................

7. Family legal aid response to consultation [pdf, 565 KB]

   ...Response to submissions, and final decisions December 2013 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all liability of any kind to any person or en...

8. [2020] NZREADT 28 – Daji v Real Estate Agents Authority (25 June 2020) [pdf, 226 KB]

   ...with Ms Daji, if they so wished. [27] Mr Rea submitted that the Committee’s finding that Ms Daji had breached rr 6.2 and 9.10 by failing to advise the vendors as to the potential risk of having to pay double commission was a breach of natural justice, and not based on any evidence. He submitted that Mr Marshall had not made a complaint of a breach of r 9.10, and had not expressed any concern as to a potential risk to the vendors. He submitted that the Committee’s decision to i...

9. COVID-19 Response (Further Management Measures) Legislation Bill – Ministry of Justice [pdf, 215 KB]

   ...(freedom from discrimination)  s 23(5) (right if deprived of liberty to be treated with humanity and respect for the inherent dignity of the person)  s 25(c) (right to be presumed innocent until proven guilty)  s 27(1) (right to natural justice) 4. Our analysis is set out below. The Bill 5. The Bill is an omnibus Bill introducing amendments to assist New Zealand to respond to the wide-ranging effects of COVID-19. 6. There are 17 Schedules to the Bill. These...

10. Parker v Maaka - Karamu D1B2C2 (2008) 196 Napier MB 290 (196 NA 290) [pdf, 280 KB]

    ...Cooper(1989) 2 PRNZ 426. [14] Counsel for the Parkers also referred me to the decisions of RusseJJ v Cox [1983] NZLR 654 and Patterson v Wellington Free Kindergarten Association Inc [1966] NZLR 975. [15] The Parkers have put forward a number of matters which they submit in the circumstances of this case, give rise to a miscarriage of justice that justifies a rehearing. I will consider each ofthose matters. Notice [16] The central issue in this matter is notice. Both the Parkers...