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1. EMPC Old dogs new tricks conference presentation [pdf, 239 KB]

   ...Commissioner [1997] ERNZ 381. 3 The Employment Relations Act 2000 This may be seen as a legislative response to the limited judicial traction afforded concepts of good faith bargaining under the previous Employment Contracts Act regime. The legislation was introduced by a Labour-led coalition government to encourage collective bargaining and recognise the role of unions. 5 Good faith was intended to underpin all aspects of employment relations under the 2000 Act but, in par...

2. RI v Hart LCRO 158 / 2011 (13 July 2012) [pdf, 160 KB]

   ...civil proceedings should be issued. Proceedings in draft format only and not filed Mr Hart has acknowledged that the matter “languished” from June 2007 to February 2008 and again from July to December 2008. Advice re Accident Compensation legislation [25] Following RI’s letter to the Law Society seeking assistance, she made contact with RJ, a barrister from Wellington. In emails to RI over a period of two weeks, RJ advised as follows: that the Doctors could not be sue...

3. 2017 Cabinet Paper updating progress on the Ministerial Group family violence work programme [pdf, 259 KB]

   ...roll-out of ISR. Other aspects of the work programme have been funded from agency baselines. 9 The Ministerial Group’s work is underpinned by the proposed Family and Whānau Violence Legislation Bill that includes specific changes to provide a legislative basis for the proactive and coordinated responses we want to see. 10 Background 11 A recently completed investment case for family violence 1 (unpublished) (“the investment case”) found approximately 525,000 New Z...

4. [2019] NZEmpC 37 Derbie v Tranzurban Hutt Valley Ltd [pdf, 674 KB]

   ...specified in this section, the rules, or any variation granted under section 30ZA. (2) In any cumulative work day, a driver— (a) may not exceed 13 hours of work time; and (b) must have at least 10 hours of continuous rest time. http://www.legislation.govt.nz/act/public/1998/0110/166.0/link.aspx?id=DLM434622#DLM434622 http://www.legislation.govt.nz/act/public/1998/0110/166.0/link.aspx?id=DLM434622#DLM434622 (3) In any cumulative work period, a driver may not exceed 70 hou...

5. RIS: Protection of the name ombudsman [pdf, 510 KB]

   ...consider non-regulatory options (for example the Office of the Ombudsman developing guidance on the use of the name) as we considered this to be broadly the same, in effect, as the current status quo. The options are mutually exclusive. Option 1) Legislate for a public interest test and ‘ombudsman’ criteria This option would introduce a public interest test in section 28A. This would direct the Chief Ombudsman to consider the public interest in upholding the integrity and publi...

6. Legala aid: changes to the Lawyer for the Child & Youth Advocate schemes factsheet - April 2011 [pdf, 67 KB]

   ...manage legal aid expenditure. These efforts are designed to ensure the Government is funding high quality legal services, and that expenditure on these services is sustainable. What is the timeframe for these changes? These proposals will require legislative change. Legislation will be introduced later this year to implement them and is expected to be enacted in 2012. Will there be an opportunity for public consultation of these changes? There will be public consultation on the chang...

7. Budget 2020 investment in the family court

   ...distress. The changes will promote timely, safe and durable resolution of care of children disputes. This investment will help to address delays in the Family Court, which will be exacerbated by COVID-19. The Family Court (Supporting Families in Court) Legislation Bill will take effect on 1 July 2020. It forms part of the $62 million package and will restore the right to legal representation at the start of a care of children dispute in the Family Court and allow parties to those proceedings, w...

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8. BORA Criminal Procedure Bill [pdf, 88 KB]

   ...378D(1)). 17.7 If the person is again acquitted there can be no further application for retrial (new s 378D(5)(c)). 17.8 No retrial application can be granted by the Court of Appeal if the acquittal occurred prior to the commencement of the proposed legislation (new s 378D(6)). 17.9 There is a discretion to impose reporting restrictions on all matters relating to Crown retrial applications where the interests of justice so require (new s 378E). Is the prima facie breach of s 26(2)...

9. Wawatai(Tate) - Estate of Te Raana Waiti (2014) 88 Taitokerau MB 233 (88 TTK 233) [pdf, 110 KB]

   ...entitled. [15] In terms of s 100(2)(a), it might be thought that because the Court has already made orders in 1984 regarding Te Raana’s other interests, his estate would be caught by that 88 Taitokerau MB 237 subsection and the earlier legislation would apply. However, s 99(1) provides a comprehensive definition of “administration” for the purposes of Part 4 of the 1993 Act: 99 Interpretation (1) In this Part of this Act, unless the context otherwise requires,—...

10. Government-Response-to-the-Report-of-the-Petition-of-Kiwilaw-Probate-and-Estates-Ltd_FINAL.pdf [pdf, 384 KB]

    ...Estates Ltd: Raise the Threshold for Requiring Probate or Letters of Administration Cabinet Minute [LEG-24-MIN-0144] Cabinet Office 25 July 2024 Released in full IN CONFIDENCE In Confidence Office of the Minister of Justice Chair, Cabinet Legislation Committee Government Response to the Report of the Petitions Committee on the Petition of Kiwilaw Probate and Estates Ltd: Raise the threshold for requiring probate or letters of administration Proposal 1 This paper seeks approv...