Search Results

1. [2025] NZEmpC 3 Singh v McKee [pdf, 210 KB]

   ...other purposes: (b) if copies of any documents have been made available by any party,— (i) those copies must be returned to that party within 28 clear days after the conclusion of the proceedings or after the conclusion of any related appeal, whichever is the later; and (ii) copies of any of those copies must not be retained by the party to whom those copies were made available: (c) the information contained in any document so disclosed but not used in evidence in the pro...

2. OIA-Use of rough sex defense in court [pdf, 1.2 MB]

   ...incorrect judicial directions about NSW consent laws. In the retrial, the judge acquitted the defendant; the judgment included an observation that the complainant did not verbally protest or ‘take any physical action to move away.’ The prosecutor’s appeal was successful and the acquittal was set aside, but a retrial was not ordered on the basis it would be unfair to try the accused for a third time. • NSW’s laws were last amended in 2007. They currently contain: o a positive...

3. Auckland Standards Committee 1 v Kwon [2024] NZLCDT 44 (11 December 2024) [pdf, 199 KB]

   ...C and his son. Mr C’s wife, Ms D, had been represented by Mr Kwon in unsuccessful immigration applications. [10] The complaint related to the nature and quality of the practitioner’s attendances. The essence of the concern was that an appeal to the Immigration and Protection Tribunal (IPT) was out of time because of prior steps taken by the practitioner. [11] The complaint also sought an examination of the fee arrangement because the complainant said that the practitioner...

4. [2024] NZEmpC 253 Johnston v Te Whatu Ora - Health New Zealand [pdf, 233 KB]

   ...to be the arbiter of fact in the first instance. [37] Mr Russell also submitted that the Court should only become involved after the Authority has investigated the matter. I accept that removal will lead to the loss of an automatic right of appeal through the loss of the right to challenge. However, that is a matter that affects both parties equally and is a neutral factor for the purposes of this assessment. Further, it is an outcome that is specifically contemplated by the Act...

5. McFetridge v Tapsell - Succession to Taa Tapsell [2025] Chief Judge's MB 425 (2025 CJ 425) [pdf, 254 KB]

   ...the order? 3 Ashwell – Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) at [15]. 4 Tau v Nga Whanau O Morven & Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 5 Inia v Julian [2020] NZCA 423 at [10]. 2025 Chief Judge's MB 432 Was an error made? [30] Mr Bidois submitted that this was effectively an application for a rehearing pursuant to s 43 of the Act but no leave to appl...

6. [2025] NZEmpC 22 Menzies v Corrigan [pdf, 205 KB]

   ...well as the company. [26] On the other hand, I do not consider that there is any basis for a stay of execution of the Authority’s costs award in Mr Corrigan’s favour. That sum remains 12 Although dealing with an application to bring an appeal out of time, the Supreme Court made helpful observations about the necessarily superficial nature of any consideration of the merits of cases at an interlocutory stage in Almond v Read [2017] NZSC 80, [2017] 1 NZLR 801 at [39]....

7. Mahanga v Mahanga - Taiharuru 2C (2025) 286 Taitokerau MB 172 (286 TTK 172) [pdf, 237 KB]

   ...application for a rehearing will not be allowed merely for the purposes of preparing omissions in the presentation of an earlier case or for reshaping that case.4 2 Henare v Māori Trustee – Parengarenga 3G [2012] Māori Appellate Court MB 1 (2012 APPEAL 1) at [14]. 3 At [19]. 4 Henare v Māori Trustee, above n 2, at [20]. 286 Taitokerau MB 176 [16] Further, even where it is established that there has been a miscarriage of justice such that a rehearing is justified,...

8. [2025] NZEmpC 106 Burgess v Tutton Sienko and Hill Partnership [pdf, 200 KB]

   ...security for costs stifling Mr Burgess’ challenge. She did so by referring to the conundrum facing Courts discussed by the Supreme Court in Reekie v The Attorney- General.11 That case was primarily concerned with providing security for costs on an appeal but contains comments that might be more generally applied. The Court’s concern in Reekie was about the possibility of a meritorious claim by an impecunious plaintiff being prevented with unsatisfactory consequences for access t...

9. [2025] NZLCDT 21 Auckland Standards Committee 3 v Woodroffe (9 April 2025) [pdf, 147 KB]

   ...during a radio broadcast, and spoke about her client in disrespectful terms; • and she failed to treat him with respect and courtesy when she threatened to sue him unless he retracted what he had told the Samoan Court. [2] Mrs Woodroffe has appealed our liability decision. Nonetheless, our task at this penalty hearing involves considering the gravity of the misconduct as we found it in our earlier decision, weighing it against comparable cases and adjusting for aggravating and...

10. OIA-119252.pdf [pdf, 1.5 MB]

    ...therefore declined. 9. Has there been any attempt by the MOJ to capture the cost-savings of having a CA involved in a case e.g. trials not needing to take case in the first place, avoidance of retrials, shortening of length of trial, avoidance of appeal etc? If so, what are the results? On 5 March 2025, the Ministry contacted you to advise your request was granted, but further time was needed to get this response ready for you. I appreciate your patience while the Ministry worked...