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1. LCRO 11/2019 AA v ZZ (31 July 2019) [pdf, 201 KB]

   ...review if satisfied that it— (a) discloses no reasonable cause of action; or (b) is likely to cause prejudice or delay; or (c) is frivolous or vexatious; or (d) is otherwise an abuse of process. [33] In Heenan v Attorney-General, the Court of Appeal discussed an earlier decision of the Court,5 and observed that a factor to consider when determining whether or not proceedings could be termed “vexatious”, was to determine whether the proceedings had a reasonable basis and co...

2. Urban Development Bill Advice [pdf, 131 KB]

   ...review, but “any attempt completely to deprive the High Court of its review powers would violate the guarantee”.5 28. Clause 29(2) of the Bill prohibits a person from applying for judicial review of a decision on a draft development plan and appealing to the High Court in respect of the same decision on a development plan, unless both applications are made together. We consider this prohibition is appropriately characterised as a procedural restriction on the right to judicial review...

3. [2019] NZEmpC 189 McCook v Chief Executive of the Inland Revenue Department [pdf, 217 KB]

   ...kind which justifies joinder. Although it has been held in the High Court that a right to relief may not in fact be required, this prerequisite exists in the present case. d) In Newhaven Waldorf Management Ltd v Allen, the Court of Appeal stated that the threshold for an order under r 4.56 of the HCR was “fairly low” and that:1 A cause of action need not necessarily be advanced (or lie) against a defendant to be added. Indeed, where the plaintiff opposes joinder,...

4. Budget 2020 Family Violence and Sexual Violence - Summary of Initiatives [pdf, 680 KB]

   ...specifically to medical or strangulation experts attending court as expert witnesses for the defence. This funding is important to ensure that any judicial process leads to a high-quality decision and reduces the chance that decisions will be subject to an appeal process.  This funding will enable prosecution and defence experts for 869 cases a year, and fund strangulation assessments and reports for 1,333 episodes in the first year and 1,361 from year two. Initiative Vote 201...

5. BORA Land Transport (Enforcement Powers) Amendment Bill [pdf, 297 KB]

   ...Impoundment does not occur in order to facilitate forfeiture, as release occurs after 28 days even if - as will generally be the case - charges are yet to be determined; and 9.3. Impoundment can also cease before the expiry of the 28 day period on appeal by the driver or owner on various grounds, rather than only when charges have been dismissed or do not proceed: see ss 102(1) and 110 LTA. 10. also note, in this respect, that the explanatory note to the Bill records serious risks to pu...

6. Body Corporate 206697 & Unit Owners of Eden 2 v QBE Insurance (International) Limited [2012] NZWHT Auckland 44 [pdf, 118 KB]

   ...High Court scale. [19] In the circumstances of this case, therefore, I consider that a contribution towards the actual costs should be awarded. I do not however consider that there are grounds for ordering indemnity costs. The Court of Appeal in Bradbury v Westpac Banking Corporation10 recognised the categories in respect of which the discretion may be exercised was not closed, but note the following circumstances in which indemnity costs have been ordered:...

7. RIS - Improving the justice response to victims of sexual violence [pdf, 603 KB]

   ...recorded video, even after the guidance in the Solicitor-General’s Prosecution Guidelines was strengthened in 2013. Limited Ministry of Justice data also suggest that alternative modes of evidence are currently underutilised. A 2011 Court of Appeal decision limited the use of pre-recorded cross-examination to rare and compelling cases, in order to:26 25 Criminal Procedure Act, section 97. 26 M v R [2011] NZCA 303. Impa...

8. [2017] NZEmpC 40 XYZ v ABC [pdf, 271 KB]

   ...any such order. [62] The Court may, in any proceedings, make non-publication orders. The scope of the Court’s discretionary powers has been traversed by a full Court in H v A. 6 I delivered a minority judgment in that case. The Court of Appeal subsequently declined leave to appeal on the non-publication point, following an application of the majority’s judgment in the decision to make permanent non-publication orders in the case. 7 The Court of Appeal observed that the...

9. Pocock - Allotment 246D1 Waimana Parish (2020) 231 Waiariki MB 273 (231 WAR 273) [pdf, 228 KB]

   ...However, there is consolation in the fact that the land does remain Māori freehold land and will, if put up for sale again, be offered back to the whānau. 8 Karena v Whitefield – Omahu 4C Section 6 [2018] Māori Appellate Court MB 170 (2018 APPEAL 170). 231 Waiariki MB 279 [27] Given the findings above, the Court makes the following order: (i) pursuant to ss 151,152 and 155(1)(a) of Te Ture Whenua Māori Act 1993, the Court confirms the instrument of alienation...

10. Environment Court COVID-19 Protocol [pdf, 180 KB]

    ...Parties and representatives are expected to assist the Court by: 2 A web-based videoconferencing system supported by the Ministry of Justice and Spark. https://www.courtsofnz.govt.nz/publications/announcements/covid-19/court-protocols/court-of-appeal/#remote-hearings-protocol a. Ensuring attendance at any arranged judicial or facilitator teleconference for the purposes of making directions on matters including advance registration of attendees and any arrangements for matters to...