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1. Fitikefu v Department of Corrections (Strike-Out Application) [2019] NZHRRT 51 [pdf, 224 KB]

   ...(SCNZ) at para [33]). But limitation questions will not be decided in interlocutory proceedings in advance of the hearing except in the clearest of cases (Wardley Australia Ltd v State of Western Australia (1992) 175 CLR 514 at para [31]). [26] On appeal in Commerce Commission v Carter Holt Harvey Ltd [2009] NZSC 120, [2010] 1 NZLR 379 this approach was reinforced by Elias CJ at [3]. Tipping J at [39] stated: As this is a strike-out application CHH must demonstrate that the Commission...

2. [2019] NZEnvC 049 Haines House Haulage Northland v Whangarei District Council [pdf, 3.5 MB]

   jSEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 4 '1 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act HAINES HOUSE HAULAGE NORTHLAND LIMITED (ENV-2018-AKL-12S) Appellant WHANGAREI DISTRICT COUNCIL Respondent Environment Judge J A Smith Environment Commissioner R M Dunlop Environment Commissioner S K Prime Hearing: Whangarei, 10-12 December 2018, incl...

3. LCRO 205/2016 EK v IQ (15 October 2018) [pdf, 169 KB]

   ...scope of review [35] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

4. [2018] NZEmpC 100 Elisara v Allianz NZ Ltd [pdf, 303 KB]

   ...assumed to relate to a matter at issue. Such fishing becomes impermissible where what is sought is not relevant to any pleaded cause of action, but might reveal material that could be the basis of a new head of claim. ... [19] And, as the Court of Appeal has recently observed in the employment context:8 [17] The test for disclosure under reg 38 of the Employment Court Regulations 2000 is broad and based on the Peruvian Guano test. We do not discern any error in Judge Corkill’s a...

5. Statistical bulletin: An overview of conviction and sentencing statistics in New Zealand 1998 to 2007 [pdf, 2.4 MB]

   ...justice system. The shaded area defines the scope of this summary report. Charge flow through the criminal justice process 3 1 The data used in this report was extracted from the Justice Data Warehouse on 15 August 2008. 2 www.stats.govt.nz/products-and-services/table-builder/ 3 This diagram does not include appeal or review processes. Discharge without conviction Conviction Sentence? Youth Court ‘proved’ Youth Court order or other disposition YEs NO NO Deferment Conv...

6. MacFarlane v Hurihanganui - Whakarewarewa 2B (2015) 133 Waiariki MB 290 (133 WAR 290) [pdf, 262 KB]

   ...underlined by s 222(2)(b) which forbids the Court from appointing a trustee unless the Court is satisfied that the appointment of that person would be broadly acceptable to the beneficiaries. [25] On the discretion to appoint trustees, the Court of Appeal acknowledged that ordinarily substantial weight would be given to the views of the owners: 10 [52] It may be putting the matter too highly to say that the Court should only depart from the views of the owners in rare circumsta...

7. [2013] NZEmpC 191 Ohms v Vice-Chancellor Auckland University of Technology [pdf, 153 KB]

   ...refused an application for removal holding that the case did not involve an important question of law because the legal position in relation to the issue raised had been previously considered and determined by the courts, in particular the Court of Appeal. That decision was followed recently by Judge Perkins in Hall v Westpac New Zealand Ltd. 7 The interplay between an employer directing an employee away from the workplace pending receipt of its own medical advice and an employee...

8. Modifying-the-Sentencing-Reinstating-Three-Strikes-Amendment-Bill_FINAL.pdf [pdf, 876 KB]

   ...Stage-2: 1,241 12/12/12 and reactivating Stage-3: 145 warnings Stage-4+: 26 35 Additional costs stemming from increased use of court resources (e.g. longer sentencing hearings), possible guilty plea impacts, and increased litigation such as criminal appeals, have not been modelled due to time constraints. 36 I accept that court resources will be under additional pressure in the short term. However, there are a number of ongoing initiatives, such as Te Au Reka (Caseflow Management) w...

9. [2024] NZEmpC 230 Pilgrim & Ors v The Attorney General & Ors [pdf, 237 KB]

   ...<www.employmentcourt.govt.nz> at No 18. step, the Court must avoid a blanket approach; the factual context of each case will be considered in arriving at a fair and just contribution in the particular circumstances. [5] As the Court of Appeal has previously emphasised, in the field of employment law, parties should have in mind the importance of conducting litigation with proper focus on the issues and on the containing of costs.7 Any time-wasting or conduct that ot...

10. LCRO 099/2016 IJ v KL (28 July 2017) [pdf, 225 KB]

    ...10 Letter KL to LCRO (17 June 2016). 11 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]-[41]. 6 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that