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1. P Singh v Kumar [2011] NZIACDT 24 (18 August 2011) [pdf, 162 KB]

   ...matters. [22] When the Adviser completed his case, the Tribunal examined him on the material presented. He was examined under oath. [23] The Adviser’s case was not presented under oath. The Tribunal raised with him what status his oral unsworn statements should have. He accepted his case should form part of the Tribunal’s record. While the fact some of the evidence was not on oath could have a bearing of the weight to be given, no finding in this decision turns on that. [24] The o...

2. Firmin v The Committee of Management of Atihau Whanganui Incorporation - Atihau Whanganui Incorporation (2016) 352 Aotea MB 233 (352 AOT 233) [pdf, 329 KB]

   ...appoint 1 or more persons (in this section referred to as examining officers) to investigate the affairs of a Maori incorporation and to report to the court in such manner as the court directs. (2) The person or persons so appointed may (with the consent of the chief executive) be officers of the Ministry. (3) The court’s jurisdiction under subsection (1) may be exercised— (a) on the application of shareholders together owning not less than one-tenth of the shares; or (b)...

3. MacGregor v Craig (Rescission of Confidentiality Orders) [2016] NZHRRT 23 [pdf, 225 KB]

   ...interest. [3.2] On or about 4 May 2015, following a mediation facilitated by the Commission, she entered into a confidential settlement with Mr Craig which provided that neither party would make comment to the media or third parties other than a statement that the parties had met and had resolved their differences. The terms of the document were stated to be “strictly confidential between the parties”. The parties were also bound, via s 85 of the Human Rights Act, by a statutory d...

4. Kingsnorth v Crawford - Motuaruhe 5D (2018) 199 Waiariki MB 203 (199 WAR 203) [pdf, 368 KB]

   ...the house and curtilage area, until further order of the Court. 199 Waiariki MB 205 Ngā Kaupapa - The issues [5] Both parties were represented by counsel. Prior to the hearing, counsel filed a joint memorandum containing an agreed statement of facts and setting out their view of the remaining issues for the Court to determine. [6] The joint memorandum provides as follows: 3. The parties agree that: a. the house is a fixture; b. that a section 18(1)(a) order deter...

5. [2021] NZEmpC 215 Stewart v AFFCO NZ Ltd [pdf, 318 KB]

   ...of contention relates to whether Mr Berry told Mr Stewart that the seasonal workers’ employment would be terminated at the point where they elected to have their season end by taking their accrued and outstanding leave. He said that statement was made because, as explained earlier, he did not want to have to deal with accrued leave issues in the following season. [34] Mr Stewart denies that this statement was made. He also says that he declined to take accrued leave, a...

6. Tsirakoff v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 148 [pdf, 331 KB]

   ...my left buttock twisting at the waist. Torso and legs in opposite directions. [8] Ms Tsirakoff said she has had a mix of treatments of acupuncture, massage, physiotherapy, gym, pain clinic together with surgery in 2014. Post hearing [9] By consent, counsel filed a memorandum dated 18 July 2023 listing eight categories of documents lodged in evidence which they agree do not assist the Court in determining the issue of incapacity. Accordingly, the Court excludes these documents...

7. LCRO 131/2022 GN, YL and EK v FQ (30 June 2023) [pdf, 212 KB]

   ...memoranda filed with the Court; and (j) demonstrated bias and had produced authority to the Court which was not required; and (k) in a memorandum to the Court had attacked the honesty integrity and reputation of the complainants; and (l) made statements which had provided basis for professional conduct complaints to be made in respect to two of the complainants’ professional bodies; and (m) failed to promote the interests of his client; and (n) minimal contact with his client; a...

8. Recommendations recap - issue 5 [pdf, 1 MB]

   ...professionals and the family of the deceased. This process would have been avoided in part if, once again, there had been better communication between the family of the deceased and the various medical practitioners. The coroner commented that similar statements have been made in other recent findings. In general, the standard of medical care provided to the deceased was found to be satisfactory. However, the coroner considered it was understandable that the family wanted the issues ra...

9. ENV-2016-AKL-000277 Auckland Transport v KiwiRail Holdings Limited [pdf, 11 MB]

   ...written notice of its intention to construct the Avondale to Southdown Railway in accordance with a legal right of access. (f) Therefore, to avoid the effects on Auckland Transport's activities: 1 Paragraph 4.1 to 4.9 and Appendices Band C. Statement of Evidence of Deborah Ann Hewett for KiwiRaii Holdings Ltd. 21 October 2015 Notice of AppeaL AT _ KiwiRail Holdings - 28631964 v 1.DOC Page 3 (i) it is appropriate that, given the importance of Auckland Transport's activ...

10. Interpreter Services Quality Framework [pdf, 1 MB]

    ...Interpreters facilitate communication by converting what the participant, court and tribunal staff and legal professionals speak in English to the participant’s preferred language and vice versa. The interpreter’s main task is to interpret oral statements (or signed statements for NZSL interpreters), evidence, and legal exchanges for those who are not fluent in English. The interpreter’s work also helps the understanding of other people in a court or tribunal hearing, such as...