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1. HG Trust v LM Ltd [2023] NZDT 590 (1 December 2023) [pdf, 203 KB]

   ...hearings however the opportunity to prevent further delays by appointing a representative was bought to his attention and was not taken up. 6. The Tribunal has an obligation to provide timely and expeditious outcomes. There may be a miscarriage of justice if the rehearing application is not granted but there may also be a miscarriage of justice to the applicant if it was. The determining factor is that HD elected not to appoint a Page 2 of 3 representative until the Tribuna...

2. Keenan – The Estate of Patricia June Graham (2015) 45 Takitimu MB 212 (45 TKT 212) [pdf, 267 KB]

   ...Parengarenga 3G the Māori Appellate Court discussed the approach to be taken when considering a rehearing: 4 [14] A rehearing requires the balancing of two considerations. On one hand, it is important to ensure that there is a proper administration of justice. This is balanced against the need for finality of Court proceedings, rather than allowing an unsuccessful party another opportunity to argue their case without good reason. In Realtycare Corporation Ltd v Cooper, Tomkins...

3. Interim regulatory impact statement - jury trial timeliness [pdf, 2.3 MB]

   Regulatory Impact Statement | 2 initiatives will go a long way to achieving agreed targets, it is likely they will need to be supported by further changes. The Minister of Justice is considering two legislative options to improve jury trial timeliness: • Increasing the jury trial threshold; and • Enabling more flexibility in the timing of jury election. This RIS contains interim analysis of options to address the problem of increased numbers of jury trials...

4. Applying-to-be-a-Legal-Aid-Provider-Selection-Committee-guidance-November-2024-v7.pdf [pdf, 653 KB]

   Applying to be a legal aid provider Selection Committee guidance Ministry of Justice November 2024 i Selection Committee member A member of the legal profession who has been appointed by the Secretary because of their experience in a particular area of law. The members provide a recommendation to the Secretary about the applicant’s suitability for approval after considering the approval requirements in the Regulations and this guidance. Chairperson A Ministry employee who f...

5. Regulatory Impact Statement Improving Case Management for Civil Cases in the High Court [pdf, 5.3 MB]

   ...processes whereby judges, supported by court staff, manage the progression of most civil cases through the High Court system. Civil cases include disputes between individuals, companies and sometimes local or central government. Disputes may relate to matters such as a breached contract or insurance claims. 2. Civil cases can range in nature and level of complexity from simple cases that require very little evidence from witnesses, to long complex cases involving many parties. Some...

6. [2021] NZREADT 36 - Lindsay-Penalty (13 July 2021) [pdf, 279 KB]

   ...deliberate and calculated fraud of the Council, leading to the SFO investigation, Mr Lindsay had accepted that notwithstanding his understanding that he was prohibited from making a report he could have clarified his 7 Citing McGuire v Secretary for Justice [2018] NZSC 116, at [88] as authority that parties represented by in-house counsel are entitled to awards of costs; and Royal Forest and Bird Protection Society of New Zealand Inc v Northland Regional Council [2019] NZHC 449, at...

7. AI v Secretary for Justice 10 August 2012 NZRA 000012 [pdf, 83 KB]

   REVIEW AUTHORITY NEW ZEALAND 2012 NZRA 000012 Applicant AI Respondent Secretary for Justice Date of Decision: 10 August 2012 ________________________________________________________________ DECISION ________________________________________________________________ INTRODUCTION 1. On the 17th 2. The Secretary communicated advice of that decision to the applicant by letter dated 25 May 2012. May 2012 The Secretary for Justice (‘the Secretary�...

8. Fisher v Potroz - Mohakatino Paraninihi No 1C West 3A2 (2014) 328 Aotea MB 225 (328 AOT 225) [pdf, 209 KB]

   ...submitted that they were unaware of the hearing held on 20 February 2014 and were not present at, or notified of the hearing. They also noted that the application was not notified in the National Panui for February 2014 and was not listed in the matters to be heard at Te Hawera on that day. The applicants add that the original application filed by the Deputy Registrar only listed the respondents as affected parties despite records showing Kereni Wetini’s interests in the block bei...

9. [2006] NZEmpC AC 60/06 Kapadia v PRP Auckland Ltd (formerly Axiom Rolle PRP Valuations Services Ltd) [pdf, 25 KB]

   KAPADIA V PRP AUCKLAND FTD (FORMERLY AXIOM ROLLE PRP VALUATION SERVICES LTD) AK AC 60/06 1 November 2006 IN THE EMPLOYMENT COURT AUCKLAND AC 60/06 ARC 76/05 IN THE MATTER OF of a non de novo challenge to a determination of the Authority AND IN THE MATTER OF an application by the defendant for an order requiring the plaintiff to provide security for costs BETWEEN RAHUL RAMESH KAPADIA Plaintiff AND PRP AUCKLAND LIMITED (FORMERLY AXIOM ROLLE PRP VAL...

10. ZI v DM [2023] NZDT 641 (14 November 2023) [pdf, 177 KB]

    ...7. If the respondent is in breach of her duties as a director or shareholder of the company, that is a matter that should be argued under the Companies Act 1993 or alternatively, as a breach of fiduciary duty. The Tribunal has no jurisdiction for matters arising pursuant to the Companies Act now for matters arising under the law of equity. 8. Further, I note that the orders that the Tribunal is able to make are limited to those set out in section 19 of the DTA. The DTA does not empow...