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1. EA v WSC2 LCRO 11 / 2011 (24 June 2011) [pdf, 124 KB]

   ...specification of a specific power ought to be required, and there should be judicial restraint from writing in matters which might have been subject to regulation but have not been made express. (b) Prior precedent making generous correction of legislative oversight was undertaken in circumstances where there were no transitional provisions at all properly justifying a clear conclusion that Parliament could not have intended such a regulatory gap. (c) The Act in this case strongly dis...

2. BORA Visiting Forces Bill [pdf, 214 KB]

   ...FORCES BILL 2003 1. We have considered whether the Visiting Forces Bill 2003 (PCO 5470/5) is consistent with the New Zealand Bill of Rights Act 1990 (the “Bill of Rights Act”). We understand that this Bill is to be considered by the Cabinet Legislation Committee on Thursday, 6 November 2003. 2. We consider that, taking into account the protections that will be available to service personnel under the domestic laws of States entering into a Status of Forces Agreement (a “SOF...

3. [2019] NZEmpC 115 A Labour Inspector v IT-Guys NZ Ltd [pdf, 294 KB]

   ...its purpose;14 (b) This means that, even if the meaning of the text appears plain, it should always be cross-checked against the purpose of the legislation; and (c) In determining purpose, regard must be had to both the immediate and general legislative context; of relevance too may be the social, commercial or other objective of the legislation. 13 Commerce Commission v Fonterra Co-operative Group Ltd [2007] NZSC 36, [2007] 3 NZL...

4. [2008] NZEmpC WC 17/08 Witcombe v Clerk of the House of Representatives [pdf, 219 KB]

   ...principle of being a good employer. It is reasonable to infer that such a personnel policy would deal, among other things, with fair investigations of, and decision-making about, allegations of misconduct against the employees. So Parliament has legislated expressly for employment relationship problems to be addressed not only by the statutory provisions of the ER Act but also, and more particularly in the case of employees of the Clerk, by a personnel policy that complies with go...

5. [2015] NZEmpC 230 FIRST Union Inc v Jacks Hardware and Timber Ltd [pdf, 365 KB]

   ...Ms Walthew with a detailed document containing proposed protocols to which they wished the delegate and members to adhere when conducting union business on site. The Union considered that a number of these restrictions contravened the relevant legislation and an amended protocol proposal was put to the company by the Union on 18 November 2013. In the absence of agreement between the parties on this issue, the Union reverted to the legislation’s provisions for conduct of union bu...

6. [2022] NZACC 127 – ONeill v ACC (4 July 2022) [pdf, 308 KB]

   ...submission: ACC is a medical insurance scheme, no different from any other medical insurance scheme, or any sort of insurance for that matter. That it is poorly run and interfered with by government does not change this basic fact. It is governed by legislation that must be adhered to. It is a contract with the people of New Zealand who are forced to be party and ACC and any deviation from the legislation and natural justice is a criminal fraud against the levy and premium paye...

7. [2021] NZACC 171 – Estate of Simpson v ACC (5 November 2021) [pdf, 175 KB]

   ...after assessment but prior to payment of compensation. [c] Section 68(3)(b) of the Act provides that the respondent has discretion to provide an entitlement if it would be consistent with the purpose of the Act. One of the purposes of the legislation is to ensure that claimants receive fair compensation for loss from injury including lump sums for permanent impairment where appropriate. An outcome that aligns with the purpose of the Act is therefore favourable. [d] The ACC...

8. BORA Social Assistance (Residency Qualification) Legislation-Bill [pdf, 130 KB]

   LEGAL ADVICE LPA 01 01 23 14 March 2018 Hon David Parker, Attorney-General Consistency with the New Zealand Bill of Rights Act 1990: Social Assistance (Extension of Residency Qualification) Legislation Bill 1. We have considered whether the Social Assistance (Extension of Residency Qualification) Legislation Bill (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). 2. The Bill amends the Ne...

9. Reinstating-Three-Strikes-Sentencing-Law.pdf [pdf, 31 MB]

   ...unjust. 20. If the person was convicted of murder on their second or third strike, the Court was required to impose a life sentence without parole unless the Court considered such a sentence would have been manifestly unjust. 21. The Three Strikes Legislation Repeal Act 2022 repealed this regime. The repeal did not change the sentences already imposed under the three strikes law, which continued as originally imposed. 22. During the period the regime was in force from 2010-2022, appr...

10. 20231124-Courts-BIM_Redacted_FINAL.pdf [pdf, 1.1 MB]

    ............................................................................................................... 30 Key contacts .............................................................................................. 32 Appendices ................................................................................................ 35 Appendix A: Legislation in the Courts portfolio ......................................................... 36 Appendix B: New Zealand’s courts and tribunals...