Search Results

1. Youth Court - 10 ideas that might “cross-pollinate” from the Youth Court into the adult District Court [pdf, 301 KB]

   ...lay advocates. Challenge To consider more use of a diversionary approach instead of court charging for adult offenders (and in particular 17-20 year olds), as a means of addressing issues in an effective way and better utilising court time and resources. government and community personnel engaged in the process. All of these participants can also interact easily with one another, which also encourages a collaborative approach to each case. Where necessary, a dock can be p...

2. [2010] NZEmpC 123 Burtton & Browne v Talley's Group Ltd [pdf, 52 KB]

   ...prohibited narcotics. The identities of some of those informants have yet to be disclosed to the plaintiffs or to the Authority or the Court. The identity of one of those informants, and what he is alleged to have said to the company’s human resources manager, has now emerged. Whether the defendant must now disclose the identities of those other informants, and the veracity or reliability of the evidence of those informants, will be important questions for the Authority in dete...

3. Taueki v Horowhenua Sailing Club Ltd - Horowhenua (11) Lake (2013) 304 Aotea MB 288 (304 AOT 288) [pdf, 129 KB]

   ...assistance from the Maori Land Court by way of funding to enable the Trust obtain legal advice. Your response on this would be much appreciated. We do not feel we can progress this matter without legal advice and the Trust as you know has very limited resources at this time. 4. Short term: To cover the interim period we have agreed as a Trust to confirm the status quo until further notice or until the MoP is signed, provided: (a) LDB takes reasonable steps during this interim...

4. [2016] NZEmpC 18 Saomai v Prestige Demolition Services Ltd [pdf, 122 KB]

   ...and seeks a dispensation from the requirement for certification under sub-rr (2) and (3). He submits that because Mr Saomai is not represented by a solicitor (but, rather, by a lay advocate) and because the applicant does not have the financial resources or other ability to engage a lawyer, an exemption should be granted. Legal aid (and particularly an emergency grant) may be available to an applicant, but I will not speculate on that as it has not been referred to on the papers f...

5. Waitangi Tribunal Hearing Calendar (21 May 2019) [pdf, 303 KB]

   ...Burke, C; Miller, S & Woodley, S 2 Wai 814/Wai 1489 Mangatū Remedies - Panel Members: Judge Milroy; Roa, T; Castle, T; & Parsonson, A Staff: Morgan, J; Siameja, N; Boxall, B & Small, F 3 Wai 2358 - The National Fresh Water and Geothermal Resources – Panel: Chief Judge Isaac; Crosby, R; Anderson, R; Phillipson, G; & Temara, P / Staff: Cameron, J; Vaafusuaga, T; Moko-Mead, H; & Burke, C 4 Wai 2522 - The Trans-Pacific Partnership Agreement – Panel Members: Judge Doogan;...

6. Pirika v Eru - Te Ngae Farm Trust [2013] Māori Appellate Court MB 127 (2013 APPEAL 127) [pdf, 151 KB]

   ...can be summarised as follows: (a) The issue is one of interpretation of the trust deed, not a statute and therefore the Interpretation Act 1999 does not assist; (b) Judge Coxhead was correct to find that the lands were held on trust as a tribal resource. This was consistent with the nature of the whenua topu trust which is a trust for community purposes rather than for individual purposes; (c) It was common ground that other hapū could not have a beneficial interest as hapū...

7. [2018] NZEmpC 28 Megan Jaffe Real Estate Ltd v Kelland [pdf, 308 KB]

   ...will wend their way through the appellate pathways. This case is not in that category. That is not to say that it will not ultimately be challenged; simply that it does not immediately impress as a case that might warrant the application of such resources. The key point is that mere assertions that a relatively straightforward case 10 Johnston v The Fletcher Construction Co Ltd, above n 2. (footnotes omitted) will...

8. MBL v Shadforth [2016] NZIACDT 37 (3 August 2016) [pdf, 205 KB]

   ...Tribunal’s process. She also failed to comply with directions to seek an adjournment, and caused the hearing on sanctions to be abandoned at the last moment. These abuses of the disciplinary procedure have significantly extended the amount of time and resources expended on this proceeding. Accordingly, Ms Shadforth will be required to contribute to the Tribunal’s costs. [56] The processes involved in the Tribunal’s hearing on the papers are directions of 28 August 2015, a minute of...

9. [2023] NZEmpC 234 New Zealand Air Line Pilots’ Assoc IUOW Inc v Tasman Cargo Airlines Pty Ltd [pdf, 307 KB]

   ...submissions are unsuccessful for two reasons. The first has already been dealt with. The bargaining did not remove the pay increase awarded to Mr 5 See White v Reserve Bank of New Zealand [2013] NZCA 663, [2013] ERNZ 367 at [33]; and Bathurst Resources Ltd v L&M Coal Holdings Ltd [2021] NZSC 85, [2021] 1 NZLR 696 at [217]– [222] and [261]. Farmer from 1 April 2019. Further, the company did not point to any aspect of the union’s notice initiating bargaining, a b...

10. LCRO 106/2021 TH v QA (17 August 2021) [pdf, 149 KB]

    ...Committees where complaints are initially, and usually finally, adjudicated. [86] In my view, s 205 of the Act is intended to arm this Office with the summary ability to bar applications for review that lack merit, in order to focus what are limited resources to cases where there is an arguable case for the review application proceeding further. Abuse of process [87] The meaning and application of “abuse of process” has been widely considered by the courts. Some useful them...