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1. Henderson v Brooking - Wharekahika A47 [2023] Māori Appellate Court MB 17 (2023 APPEAL 17) [pdf, 335 KB]

   ...trusts have been recognised as having a commercial aspect that is relevant to matters of interpretation. (footnotes omitted) [13] We also take guidance from the rules of contractual interpretation for implied terms. The Supreme Court in Bathurst Resources Limited v L & M Coal Holdings Limited recently confirmed the following relevant principles:8 (a) The legal test for the implication of a term is a standard of strict necessity, a high hurdle to overcome. (b) The starting p...

2. Te Manutukutuku 80 [pdf, 13 MB]

   ...huarahi Māori. Judge Thomas is a strong advocate for the promotion of te reo Māori and has been passionate in her pursuit to ensure that the language is recognised and used in the law. She is the co­ author of the book Kia Kākano Rua te Ture, a resource designed to assist legal practitioners in the use of te reo Māori. Judge Thomas was also one of the members of the Māori Lawyers Association responsible for the com­ mencement of Te Kura Rōia, a full immersion reo Māori cours...

3. Court-Remote-Participation-Amendment-Bill_FINAL.pdf [pdf, 1.8 MB]

   ...new presumption and the impact of their digital exclusion could deepen existing inequities.4 Human Rights 60 The proposals in this paper are consistent with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. Use of External Resources 61 No external resources were used to develop this paper or for the supporting policy analysis. 3 Report: Digital inclusion user insights — Māori | NZ Digital government, May 2021. 4 Māori, Pacific Peoples, seniors, people with dis...

4. [2024] NZEmpC 157 Hall v Fire and Emergency New Zealand [pdf, 314 KB]

   ...to be made and heard contemporaneously with the 90-day issue. Further, no such application was made in the Authority. [104] While there is nothing to prevent a plaintiff bringing a separate application, it is not an efficient use of time and resources. The indication from counsel was that the basis for such an application would be s 115(b), which states that exceptional circumstances include: where the employee made reasonable arrangements to have the grievance raised on his...

5. [2023] NZEnvC 174 Barbican Securities Limited v Auckland Council [pdf, 292 KB]

   BARBICAN SECURITIES LIMITED v AUCKLAND COUNCIL IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision No. [2023] NZEnvC 174 IN THE MATTER of an appeal under s 120 of the Resource Management Act 1991 BETWEEN BARBICAN SECURITIES LIMITED (ENV-2022-AKL-000214) Appellant/ Applicant AND AUCKLAND COUNCIL Respondent Court: Environment Judge L J Semple Environment Commissioner I Buchanan Hearing: at Auckland on 14 – 16 June 2023...

6. [2024] NZLVT 023 - YMCA North Inc v Auckland Council (1 May 2024) [pdf, 415 KB]

   ...the Council’s making. YMCA had communicated it was open in principle to participating in both but considered the proposed mediation premature, and the format not robust or independent. It sought further information before committing time and resources. The Council refused. YMCA submits it would not have been reasonable for it to have reached a settlement without first being provided with a valuation. YMCA notes that before the Tribunal, the Council took the position that YMCA�...

7. Sawyer v Victoria University of Wellington (Strike Out) [2024] NZHRRT 9 [pdf, 260 KB]

   ...says the second former colleague provided documents in relation to the false allegations of 2011, including emails that made no sense and had no context and were sent when the purported sender was not at his desk. Dr Sawyer says the VUW Human Resources Department never produced anything when it was asked for her file, although she had been at VUW over four years. [23.5] An external IT expert said a password capture had been put on her private email on her office computer. She...

8. Austin v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 180 [pdf, 634 KB]

   ...NZLR 339, 353- 354 (CA); Edwards v Bairstow [1995] sic [1955] 3 All ER 48,57. [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law: eg Jackson and Kenyon above. [66] On 4 April 2016, ACC accepted cover for diffuse idiopat...

9. Responding-to-the-Royal-Commission-of-Inquiry-into-Abuse-in-Care_FINAL.pdf [pdf, 531 KB]

   ...the right to a fair and public hearing by an independent and impartial court, the right to be tried without undue delay, the right to be presumed innocent until proven guilty and the right not to be compelled to confess guilt. Use of external Resources 50 There has been no use of external resources. Consultation 51 Due to time constraints, officials undertook targeted consultation on the recommendation with representatives of key Justice sector stakeholders - the New Zealand La...

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

    ...of the Employment Law Institute of New Zealand (ELINZ). ELINZ members are bound by the ELINZ Code of Conduct. Applicants for employment advocate approval also need to demonstrate experience dealing with mediation, dispute resolution and/or human resources issues. The application should include the following information in the Additional information section: • the applicant’s qualifications • a brief employment history, including the applicant’s experience in mediation, dispu...