Search Results

1. IPT Practice Note 2/2024 Refugee and Protection [pdf, 512 KB]

   ...to issue or will set aside a summons where it is satisfied that it is proper to do so. Without limiting the circumstances, the Tribunal will do so where the evidence does not establish that the intended witness is able to give any relevant or probative evidence; where there has been an abuse of process; where the summons was irregularly obtained or issued; where the summons was taken out for a collateral motive or is oppressive. 17. ADJOURNMENTS [17.1] The granting of an adjourn...

2. [2024] NZREADT 23 – CAC 2106 v Hu (29 July 2024) [pdf, 255 KB]

   ...risk of deportation (and we make no finding that he was) and his statements to Immigration New Zealand about 23 years ago are not substantially helpful in determining the purchaser’s veracity on this different matter.7 This evidence is of no probative value.8 6 [Redacted]. 7 Evidence Act 2006, s 37. 8 Evidence Act 2006, s 7(2). 7 Evidence given to the Tribunal [43] The Committee provided submissions (12 February and 3 July 2024) and called the following witnesse...

3. LCRO 111/2024 MS v PC (24 March 2025) [pdf, 273 KB]

   ...herself from further involvement as a result of her reaction to the behaviour to which she reported she was subjected, particularly in the break-out session. I consider that it is appropriate for me to consider her evidence as being relevant and probative to the determination of any issue on the balance of probabilities. (e) Did the respondent breach any applicable professional duty? Competence [80] Any issue of alleged lack of competence is a matter between the respondent and his e...

4. LCRO 36/2024 CFJ v BDU (31 July 2025) [pdf, 254 KB]

   ...had agreed to the price reduction is not consistent with his earlier explanation to the respondent (or with his counsel’s submission). If I needed to do so, I would consider the applicant’s near- contemporaneous written record to be of greater probative value. Again, this is unnecessary. [86] The applicant’s own evidence makes clear that he did not rely on the “representations” that he said had been made to him by the agent. The applicant called the respondent’s partner to...

5. OIA-121789.pdf [pdf, 19 MB]

   ...information re the operational implications for the Electoral Commission. Prisoners will be eligible to vote within the electorate where they last resided for one month or more if they are: Being held on remand Serving a sentence on home detention or probation Have a sentence of imprisonment of less than 3 years and were sentenced prior to the commencement of the amendments removing the right to vote for sentenced prisoners. We will also continue to be required to provide services for peop...

6. TXY v Police [2025] NZHRRT 31 [pdf, 358 KB]

   ...of law. … [10] Under the Evidence Act 2006, relevance is the fundamental principle that guides admissibility. All relevant evidence is admissible while irrelevant evidence is not.6 Even if evidence is admissible, it must be excluded if its probative value is outweighed by the risk that the evidence will have an unfairly prejudicial effect on the hearing or will needlessly prolong it.7 [11] Section 106 of the HRA permits the Tribunal to depart from these principles, but onl...

7. OIA-112335.pdf [pdf, 27 MB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 16 July 2024 Our ref: OIA 112335 Tēnā koe Official Information Act request: Three strikes legislation I refer to your email of 29 April 2024 to the Department of Corrections (Corrections), requesting information relating to the Three Strikes sentencing legislation. On 21 May 2024, you were notified by Corrections that your requ

8. Pou - Eru Moka and Te Owai Pou Whanau Trust (2013) 61 Taitokerau MB 247 (61 TTK 247) [pdf, 258 KB]

   ...daughters. Filed in support of the application was the High Court’s 1990 grant of letters of administration with will annexed in favour of Mira Norris and two of her sisters, Ruka Latimer and Atareta Horn, the Māori Trustee having renounced probate of the will. [45] The will is dated 15 May 1989 – that is, a month after the hearing that established the trust – and was prepared by the district solicitor of the Office of the Māori Trustee in Whangarei. Clauses 5(2) and (3) of...

9. CARROLL v Coroners Court at Auckland (2013 NZHC 906) [pdf, 304 KB]

   ...the issue in relation to this ground of review is whether the Coroner’s finding that the applicants ought to have called the Police was one that a reasonable Coroner could have made. A finding will be unreasonable if it is not supported by any probative evidence, 7 or if “the reasoning by which the decision-maker justified inferences of fact that he had drawn is self-contradictory or otherwise based upon an evident logical fallacy”. 8 It is not enough for an applicant chal...

10. Legal Complaints Review Officer v Hong [2013] NZLCDT 9 [pdf, 224 KB]

    NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2013] NZLCDT 9 LCDT 025/12 IN THE MATTER of the Lawyers and Conveyancers Act 2006 AND IN THE MATTER of BOON GUNN HONG, Lawyer, of Auckland CHAIR Mr D Mackenzie MEMBERS OF TRIBUNAL Ms S Hughes QC Mr C Lucas Mr P Shaw Mr W Smith HEARING at Auckland on 21 February 2013 APPEARANCES Mr P Collins, for the Legal Complaints Review Officer Mr B Hong, Pra