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1. [2013] NZEmpC 147 Ramkissoon v Commissioner of NZ Police [pdf, 103 KB]

   ...evidence that he proposes to call about the “Whakatane four” incident will be in the nature of factual background to his grievances. [22] Mr Brosnahan, counsel for the plaintiff, submits, without citing authority for his proposition, that the law is clear that where an ongoing course of conduct is alleged leading to an ultimate dismissal/resignation/retirement, evidence of the ongoing course of conduct will be relevant to the Court’s decision. Counsel submits there are no r...

2. Bailey v The Māori Trustee - Te Riri A Te Hore 2 (2014) 322 Aotea MB 67 [pdf, 156 KB]

   ...against other parties. In support of this position counsel cited High Court authorities and submitted that those authorities should be considered by the Court given that r 6.14 of the Rules is similar to r 4.56 of the High Court Rules 2008. The Law [17] Rule 6.14 of the Rules provides as follows: 6.14 Court may strike out or add parties to application (1) At any time before or during a hearing, the Court may, either on the application of any party or on its own initiative, an...

3. McGuckin - Whitianga Papa Tupu Ora Whenua Trust (2018) 385 Aotea MB 20 (385 AOT 20) [pdf, 391 KB]

   ...upon herself to cancel Kensington Swan’s attendance. [19] Mr Cribb believes that the appointment of replacement trustees will only “add fuel to the fire” and is in favour of another general meeting being called to discuss matters afresh. The Law [20] Section 239 of Te Ture Whenua Māori Act 1993 states: 239 Addition, reduction, and replacement of trustees (1) The court may at any time, on application, in respect of any trust to which this Part applies, add to or reduce the n...

4. [2015] NZSSAA 023, 8 April [pdf, 41 KB]

   ...time-to-time to take no steps to recover a debt. [35] The considerations to be taken into account in exercising the discretion include the Chief Executive’s obligations under the Public Finance Act 1989 to make only payments authorised by law and under the State Sector Act 1988 for the economic and efficient 1 Director-General of Social Welfare v Attrill, [1998] NZAR 368. 6 running of the Ministry. The context of the Social...

5. F Ltd v DS & KS [2022] NZDT 173 (10 October 2022) [pdf, 181 KB]

   ...duty of care by hitting Noah, while on the property of DS and KS? Did the negligence of the painter cause injury to Noah? Did DS and KS have appropriate control of Noah while the painters were at the property? 5. The general principles of the law of negligence apply to this dispute. FQ owed a duty of care to DS and KS to not damage their property or animals, while completing painting at their home. This duty required the painters who drove into DS and KS’s section to exercise the car...

6. Duty lawyer policy [pdf, 549 KB]

   Duty lawyer service Operational policy April 2017 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all liability of any kind to any person or entity that chooses to rely upon the information. P...

7. Lim v Gu-Chang [2014] NZIACDT 77 (29 August 2014) [pdf, 103 KB]

   ...application form and some material printed from Wikipedia. [7.6] Immigration New Zealand declined the application on 17 August 2012. Shortly after that the police took the complainant into custody. It appears that was because he was in New Zealand unlawfully, and he was to be deported. Following that, Ms Gu-Chang published an account on her website of the complainant’s circumstances, without naming him. 3 [8] The Statement of Complaint identified the potential infringemen...

8. Hikaka v Ngawhare - Komene 4A2 (2016) 356 Aotea MB 76 (356 AOT 76) [pdf, 234 KB]

   ...children. [15] The applicants maintain that in any event the variations should be made to the trust order and submit that if and when the rest of the whānau are ready to vest their lands in a whānau trust they will reconsider their options. The Law [16] Section 244 of the Act provides: 244 Variation of trust (1) The trustees of a trust to which this Part applies may apply to the court to vary the trust. (2) The court may vary the trust by varying or replacing the order cons...

9. Hura v Hura - Estate of Maata Raumati (2007) 192 Aotea MB 235 (192 AOT 235) [pdf, 2.3 MB]

   ...for payment of a costs a ward. [10] In conclusion, Ms Batt's submitted that a substantial costs award is justified in view of the background of defiance of Court directions, broken promises and bad faith on behalf of the respondent. The Law [II] Section 79 of the Act states: 192 Aotea MB 242 "79 Orders as to costs (1) In any proceedings, Ole COllrt may make sllch order as it thinks jllst as to the payment of the costs of those proceedings, or of any proceedings or m...

10. Duty Lawyer Policy July 2017 [pdf, 460 KB]

    Duty lawyer service Operational policy July 2017 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all liability of any kind to any person or entity that chooses to rely upon the information. Pu...