Search Results

1. Judicial-Appointments-Protocol-HC-February-2025 [docx, 86 KB]

   9 Foreword by the Attorney-General Making recommendations to the Governor-General for the appointment of Judges is a most important responsibility in a democracy such as New Zealand, operating under the rule of law. I see that responsibility as requiring the selection of a judiciary that will be independent in exercising its functions, which will decide issues according to the law, and which will be aware of, and sensitive to, the broad dimensions of our society. Recognising the importance...

2. Regulatory Impact Statement Judicature Modernisation Bill Review of the Judicature Act 1908 Second Paper [pdf, 166 KB]

   ...        29 August 2013    2    Introduction  1. In  2010,  the Minister  of  Justice  asked  the  Law  Commission  to  review  the  Judicature Act  1908,  and  other  legislation  governing  the  operation  of New  Zealand’s main  courts.    The  Commission’s final report, Review of the Judicature Act 1908: Towards a consolidated Courts  Act was tabled in Parliament on 27 November 2012.  2. The main proposals  in the�...

3. [2015] NZEmpC 57 Q v Commissioner of Police [pdf, 719 KB]

   ...senior constable, challenged a determination of the Employment Relations Authority (the Authority) dismissing three grievances which he had raised. 1 This challenge now involves two only. [2] The first challenge relates to a determination that New Zealand Police (Police) were justified in imposing a written warning with regard to the manner in which Mr Q conducted himself at meetings held on 28 April 2010 (the first incident). [3] The second was that Police were justified in d...

4. [2023] NZEmpC 110 Hamilton Hindin Greene Ltd v Smalley [pdf, 222 KB]

   ...sick leave and for working on public holidays.3 1 Smalley v Hamilton Hindin Green[e] Ltd [2022] NZERA 525 (Member Beck). 2 At [2]. 3 At [2]. [3] The Authority’s determination was a preliminary one because it was required to address an issue that emerged from two settlement agreements signed by Mr Smalley and HHG. The first settlement agreement was signed in mid-2017. It resulted in Mr Smalley resigning from his employment and immediately undertaking a period o...

5. CM v XH LCRO 97 / 2010 (5 July 2011) [pdf, 114 KB]

   ...There were two principal complaints made by the Applicant. The first concerned an email sent by the Practitioner to the Applicant, informing him of R‟s wish to separate and other related matters. This email was sent to the Applicant‟s email address at his work. The Applicant complained that the Practitioner ought to have sent it to his lawyer. He further alleged that the Practitioner had failed to protect his privacy [12] The second complaint alleged that the Practitioner had...

6. Proactive release - Prohibiting conversion practices [pdf, 3.9 MB]

   ...Minister’s office’s comments 1 s9(2)(a) 9(2)(a) s9(2)(a)s9(2)(a) Proa cti ve ly Rele as ed 2 IN CONFIDENCE Purpose 1. This briefing seeks direction on your preferred options for prohibiting the use of conversion practices in New Zealand. These options will be included in a Cabinet paper seeking policy decisions in April so that legislation to prohibit conversion practices can be introduced by July. Key messages 2. In its 2020 election manifesto, the Labour Party c...

7. River Oaks Farm Ltd & Ors as Trustees of Ingodwe Trust v Olsson [2010] NZWHT Wellington 17 [pdf, 108 KB]

   ...Determination and need not be traversed here. APPLICATION BY SEVENTH RESPONDENTS FOR COSTS [2] The seventh respondent, Holland Beckett, seeks an order for costs and disbursements pursuant to section 91(1)(b) of the Weathertight Homes Resolution Services Act 2006 (the “WHRS Act”). The firm asserts that the claim against it was substantially lacking in merit. Holland Beckett incurred costs of $81,084.38 including GST and seeks an award of costs of $46,400.00 based on ca...

8. Tawa v Tuaropaki E Trust - Tuaropaki E [2023] Māori Appellate Court MB 1 (2023 APPEAL 1) [pdf, 241 KB]

   ...propositions are relevant against the Court deciding to do so:8 (a) The Applicant is in receipt of Special Aid; (b) Whilst Special Aid is not necessarily equivalent to legal aid it is not inappropriate to have regard to the provisions of s 40 Legal Services Act 2003 and the Wairoa District Council v Wairau Kaiwatau 72CB case;9 (c) None of the circumstances identified by the Respondent come close to being “exceptional” in the sense of the guidance provided by s 45(3) of the...

9. ENVC speech Alternative Dispute Resolution 2011 [pdf, 188 KB]

   ...advantages for the Court and counsel in hearing evidence on a topic at one time rather than potentially spread out over several weeks in a long cause. Disadvantages perceived have included inadequacies with courtroom furniture and equipment (recently addressed in the fitting out of our new large courtroom in Auckland), and witnesses in a numerical minority feeling overborne by the majority. In the latter regard, we are always careful to remind parties and witnesses that our work d...

10. Lunjevich - Ahipara A7 and Paihia 3B4A2B (2012) 35 Taitokerau MB 148 (35 TTK 148) [pdf, 124 KB]

    LUNJEVICH MLC 35 Taitokerau MB 148 13 February 2012 IN THE MAORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT 35 Taitokerau MB 148 (35 TTK 148) A20080018434 UNDER Section 164. Te Ture Whenua Maori Act 1993 IN THE MATTER OF Ahipara A7 & Paihia 3B4A2B BETWEEN DANIEL LUNJEVICH Applicant Hearing: 21 September 2009 23 March 2010 27 July 2010 13 September 2010 Judgment: 13 February 2012 RESERVED JUDGMENT OF JUDGE D J AMBLER 35...