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1. Family Court rewrite submission: Skylight Trust [pdf, 497 KB]

   P +64 (04) 939 6767 / 0800 299 100 A Level 3, 5-7 Vivian St, Te Aro, Wellington 6011 A PO Box 7309, Newtown, Wellington 6242 W Visit Skylight: skylight.org.nz Ministry of Justice Independent Panel Feedback 1. Feedback on the 2014 reforms and how they have affected families and children The continued negative impact on families and children when parents/caregivers separate is hard to measure. Reducing access to counselling – where parents can talk through their sit...

2. BORA Criminal Cases Review Commission Bill [pdf, 139 KB]

   ...conviction or sentence to the appeal court if it considers it is in the interests of justice to do so, having regard to the statutory criteria. 6. The Commission will have powers to regulate its own procedures, to initiate inquiries into general matters that may be related to cases involving a miscarriage of justice, and to require persons to provide information and evidence. 2 Consistency of the CCRC Bill with the Bill of Rights Act Section 14 – freedom of expression 7. Secti...

3. SG v O Ltd [2021] NZDT 1635 (1 July 2021) [pdf, 221 KB]

   ...where the standard is 6mm. 2. SG took the truck for repair and was given a price of over $26,000.00 to repair the chassis. SG contacted LO, director of O LTD, but LO believed the company had no liability for any remedial costs. SG pursued the matter with [Mechanic] who issued the COF at the time the truck was sold to SG. A confidential settlement was reached and payment of compensation was made to SG by [Mechanic]. As a result, SG has reduced his claim against O LTD from $26,000...

4. [2021] NZACC 193 - Koloni v ACC (2 December 2021) [pdf, 212 KB]

   ...Nash (No. 2).3 Ms Koloni relies on the second and third categories: (b) Where counsel have neglected to direct the Court’s attention to a statute, regulation or judicial decision of plain relevance; and (c) Where for some other special reason justice requires the judgment be recalled. [5] The Corporation opposes this application. Legal Principles [5] In Horowhenua County,4 Wild CJ noted that: Generally speaking, a judgment once delivered must stand for better or worse s...

5. DU v BT [2024] NZDT 764 (17 September 2024) [pdf, 192 KB]

   ...issue in [N v N] was whether there was an agreement. The District Court confirmed that the Disputes Tribunal had no jurisdiction to hear the claim. The Court said the Child Support Act 1991 was a code. Any application to vary child support was a matter for the Family Court, and it was more than just a case of a disputed debt. CI0301_CIV_DCDT_Order Page 2 of 4 8. [N v N] can be distinguished from the current case, which in essence involves a lump sum child support payment and a...

6. The Trustees of the Tauwhao Te Ngare Trust v Shaw - Tauwhao Te Ngare Block and a preliminary decision of the Chief Judge at 2013 CJ 567 [2014] Māori Appellate Court MB 394 (2014 APPEAL 394) [pdf, 377 KB]

   ...AND JUDGE DOOGAN Table of Contents Introduction [1] Background [6] Appellants’ submission [18] Respondent’s submissions [25] The Law [29] Discussion [34] The interests of justice? [34] Is the 1976 roadway order an “alienation”? [42] The 1953 legislation [42] The 1976 roadway order [49] Is a roadway order created by the 1993 legislation an alienation? [56] Does the 1953 or...

7. [2022] NZEmpC 184 Straayer v Employment Relations Authority [pdf, 329 KB]

   ...WILFRED STRAAYER v EMPLOYMENT RELATIONS AUTHORITY [2022] NZEmpC 184 [17 October 2022] IN THE EMPLOYMENT COURT OF NEW ZEALAND WELLINGTON I TE KŌTI TAKE MAHI O AOTEAROA TE WHANGANUI-A-TARA [2022] NZEmpC 184 EMPC 73/2022 IN THE MATTER OF an application for a judicial review AND IN THE MATTER of an application to strike out proceedings BETWEEN ADRIAANUS WILFRED STRAAYER Applicant AND EMPLOYMENT RELATIONS AUTHORITY First Respo...

8. [2022] NZEmpC 85 Crest Commercial Cleaning Ltd v Total Property Services (Canterbury) Ltd [pdf, 234 KB]

   ...CLEANING LIMITED v TOTAL PROPERTY SERVICES (CANTERBURY) LIMITED [2022] NZEmpC 85 [19 May 2022] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2022] NZEmpC 85 EMPC 423/2021 IN THE MATTER OF an application for leave to extend time to file a challenge to a determination of the Employment Relations Authority BETWEEN CREST COMMERCIAL CLEANING LIMITED Applicant AND TOTAL PROPERTY SERVICES...

9. [2023] NZEmpC 102 van Kleef v Alliance Group Ltd [pdf, 273 KB]

   ...the plaintiff is guilty of inordinate delay; second, that the delay is inexcusable; and third, that it has seriously prejudiced the defendant. He also submitted that it is necessary for the Court to stand back and have regard to the interests of justice.8 [41] The application can be dealt with succinctly. There is no doubt that inordinate delay has occurred. However, there are a range of reasons for this, as Ms van Kleef outlined in detail in several memoranda. These include:...

10. [2024] NZEmpC 51 Citadel Capital Ltd v Miles [pdf, 264 KB]

    CITADEL CAPITAL LIMITED v EOIN MILES [2024] NZEmpC 51 [22 March 2024] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2024] NZEmpC 51 EMPC 100/2024 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for stay of proceedings BETWEEN CITADEL CAPITAL LIMITED First Plaintiff AND FORTLAND CAPITAL LIMITED Se...