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1. MBL v Shadforth [2016] NZIACDT 37 (3 August 2016) [pdf, 205 KB]

   ...Tribunal’s process. She also failed to comply with directions to seek an adjournment, and caused the hearing on sanctions to be abandoned at the last moment. These abuses of the disciplinary procedure have significantly extended the amount of time and resources expended on this proceeding. Accordingly, Ms Shadforth will be required to contribute to the Tribunal’s costs. [56] The processes involved in the Tribunal’s hearing on the papers are directions of 28 August 2015, a minute of...

2. Lohr v Accident Compensation Corporation [2016] NZHRRT 31 [pdf, 306 KB]

   ...fraud is peculiarly reliant on a flow of information from the public. A government department 8 is singularly ill-equipped to carry out the observations which frequently bring such offending to light. It is not just a matter of insufficient resources, though that too must play a part. It is the nature of the activities which tend to reveal benefit abuses. They would often escape detection if it were not for the intervention of members of the public. [20] In my view, the responde...

3. Zhang & Cao v Chen [2019] NZIACDT 11 (1 March 2019) [pdf, 150 KB]

   ...significant instruction in a complex area of immigration law and practice. That instruction had to commence with a serious review of the complainants’ circumstances. It required a significant evaluation of their business skill and experience, financial resources and the various immigration pathways that might have been open. It had to be accompanied by the drafting of an agreement for the provision of services by her which needed to take into account the support that might be req...

4. Waitangi Tribunal Hearing Calendar 20 May 2019 [pdf, 302 KB]

   ...Burke, C; Miller, S & Woodley, S 2 Wai 814/Wai 1489 Mangatū Remedies - Panel Members: Judge Milroy; Roa, T; Castle, T; & Parsonson, A Staff: Morgan, J; Siameja, N; Boxall, B & Small, F 3 Wai 2358 - The National Fresh Water and Geothermal Resources – Panel: Chief Judge Isaac; Crosby, R; Anderson, R; Phillipson, G; & Temara, P / Staff: Cameron, J; Vaafusuaga, T; Moko-Mead, H; & Burke, C 4 Wai 2522 - The Trans-Pacific Partnership Agreement – Panel Members: Judge Doogan;...

5. Waitangi Tribunal Hearing Calendar (21 May 2019) [pdf, 303 KB]

   ...Burke, C; Miller, S & Woodley, S 2 Wai 814/Wai 1489 Mangatū Remedies - Panel Members: Judge Milroy; Roa, T; Castle, T; & Parsonson, A Staff: Morgan, J; Siameja, N; Boxall, B & Small, F 3 Wai 2358 - The National Fresh Water and Geothermal Resources – Panel: Chief Judge Isaac; Crosby, R; Anderson, R; Phillipson, G; & Temara, P / Staff: Cameron, J; Vaafusuaga, T; Moko-Mead, H; & Burke, C 4 Wai 2522 - The Trans-Pacific Partnership Agreement – Panel Members: Judge Doogan;...

6. Family Court rewrite submission: Save the Children [pdf, 165 KB]

   ...emotional and mental stress, and significant financial hardship for Frances despite her meeting all requirements of the court. Her partner’s actions are without consequence, the court has continually allowed his behaviour despite the harm it is causing and misuse of court resources. Due to the level of conflict between Frances and her ex-partner they are required by the court to conduct all handovers of their child at daycare (to avoid the possibility of conflict). However, the interi...

7. [2021] NZEmpC 33 Saipe v Bethell [pdf, 238 KB]

   ...[42] This resolves the preliminary issue and means Mr Saipe’s challenge is unsuccessful. However, for completeness I make the following observations. 12 Creedy v Commissioner of Police [2006] ERNZ 517 (EmpC) at [36]. 13 Disabilities Resource Centre Trust v Maxwell [2021] NZEmpC 14 at [18]. 14 Blue Water Hotels Ltd v VBS, above n 2, at [21]. The letter of 26 November was effective when it was delivered [43] If the personal grievance had been submitted through the...

8. LCRO 109/2020 SV v FT (28 January 2021) [pdf, 198 KB]

   ...health issues, and difficulties he 9 had in making arrangements to file an application as a consequence of concerns that his health would be compromised if put at risk of exposure to COVID-19. I think it unlikely that Mr FT, equipped with the resources available to a lawyer, would have had difficulty filing a review application in time, if he had motivation to do so. [56] If Mr SV had not filed an application, Mr FT would have lost any opportunity to challenge the Committee...

9. [2016] NZEmpC 162 Broadspectrum v Nathan [pdf, 119 KB]

   ...had, at one stage in the proceeding before the Authority, been in receipt of legal aid which implied an inability to satisfy any obligation to repay. [29] Mr Nathan’s response to concerns about his ability to repay was that he had sufficient resources to do so. First, Mr and Mrs Nathan own a property in Rotorua with substantial equity available to them. Mr Nathan estimated the value of that property as at least $300,000, although it is subject to a mortgage. Second, Mr Nathan...

10. Justice Matters - issue 14 - April 2019 [pdf, 4.5 MB]

    ...system. The purpose of the Hāpaitia programme is to support conversation between Te Uepū Hāpai i te Ora (the Safe and Effective Justice Programme Advisory Group) and the wider New Zealand community about justice reform. Hāpaitia helps by providing resources, research, planning and data and acting as a secretariat for Te Uepū, so they can then make recommendations to the Government. The Hāpaitia team were invited to Rātana Pā, near Whanganui, to commemorate the birthday of Tah...