Search Results

1. MOJ0343.1M_YoungWit_pamphlet_Maori_PRINT.pdf [pdf, 745 KB]

   ...victim impact statements. If the judge agrees, you and your parent or guardian can read out all or part of your victim impact statement in court. If you want to do this, ask the police officer or your court victim advisor to ask the judge for you. APPEALS The prosecutor and the defendant have the right to appeal the verdict and the sentence. This means a higher court will look at the case again. The prosecutor will tell you if this is going to happen. AFTER THE COURT CASE IS HEARD...

2. [2016] NZEmpC 31 A Labour Inspector v Taste of Egypt Limited [pdf, 473 KB]

   ...that the evidence of the Labour Inspector was insufficient when he said: I believe that the respondent [presumably the first respondent TOEL] is liquidating its assets and the directors are preparing to leave New Zealand. I believe that the appeal of the Authority’s determination is merely a stalling tactic to provide the respondent with time to dispose of assets of [the] company and distribute the proceeds of any sale to the directors personally in order to avoid their respo...

3. Lawyer-for-Child-practice-note-updated-July-2024.pdf [pdf, 253 KB]

   ...the rate of remuneration and/or any additional cost, the file should be referred to the judge for direction. 6.7 When a final order has been made, the lawyer's appointment will continue: (a) for 28 days in order to advise on the merits of an appeal (section 9B(d) of the FCA); and [2020] NZFC 3346 4 (b) in COCA cases to comply with section 55(4). 6.8 The role of the lawyer is referred to in detail in the FLS Best Practice Guidelines. 7 ORANGA TAMARIKI ACT 1989: RE...

4. [2007] NZEmpC CC 24A/07 Service and Food Workers Union v Alsco NZ [pdf, 69 KB]

   ...ss91(2)(b) and 83(b) of the Act. Arguable case for trial [22] The principal considerations affecting the lawfulness of the lockout notices in this case require a balancing of principles illustrated by two previous cases. First, as the Court of Appeal concluded in Secretary for Justice v NZ Public Service Association (Inc) [1990] 1 NZILR 347: … A situation may arise in which the formal notice reasonably appears to have been modified or partly superseded by some other communicat...

5. LS v TD LCRO 298/2012 Penalty decision (23 February 2015) [pdf, 68 KB]

   ...“[a] profession’s most valuable asset is its collective reputation and the confidence which that inspires”.22 [25] It is these principles to which I direct the penalties imposed in this decision. Censure/reprimand [26] The Court of Appeal in New Zealand Law Society v B23 21 Bolton v Law Society [1994] 2 All ER 486. saw little difference between a censure and a reprimand. At [39] the Court stated: 22 At 492. 23 Ne...

6. HortNZ - EiC - M K Sands - Industry (5 Feb 2021) [pdf, 313 KB]

   ...daytime and night-time temperatures. The high DRT in Central Otago, contributes to increasing the sweetness of Central Otago cherries. The high DRT also assists with the firmness and crunch of the fruit which enhances the flavour, taste and general appeal to the consumer. 27. New Zealand cherries are able to hold a consistent price of 50% or more over cherries from key competitors (i.e., Chile). In order to retain this market, it is of critical importance to the industry that th...

7. LCRO 3/2019 YR v OS (20 July 2020) [pdf, 207 KB]

   ...in relation to Mr. OS’s alleged failure to comply with Rule 6.1 in relation to the writing of wills in 2006. This appears at paragraphs 34 – 39 of the Notice of Determination. [39] However, the scope of this review “is much broader than an appeal”17 and consequently I am not restricted to considering only the issues raised by Mr YR. The High Court has described a review by this Office in the following way:18 A review by the LCRO is neither a judicial review nor an appeal....

8. Proactive release – Sexual Violence Legislation Bill: approval for introduction [pdf, 1 MB]

   ...complainant is required to give even more evidence afterward; and 14.5. judges’ decisions about whether pre-recorded cross-examination is to be used, and whether any further cross-examination may occur after the recording has been made, can be appealed before the trial with the appeal court’s leave. This will help ensure consistency and bolster confidence in the new processes, especially in the early stages of implementation. Requiring evidence to be recorded 15. The Bill requir...

9. ZA v GL LCRO 258/2012 (31 March 2016) [pdf, 67 KB]

   ...discretion, it is appropriate for the LCRO to exercise particular caution before substituting his own judgment for that of the Standards Committee, without good reason. [21] In Deliu v Hong it was noted that a review is:1 … much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reaching hi...

10. Higgins - Succession to Hauriri Kere [2021] Chief Judge's MB 88 (2021 CJ MB 88) [pdf, 289 KB]

    ...(2020 CJ 1268-1293) 2 Ashwell - Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) at [15] 3 Tau v Nga Whanau O Morven & Glenavy - Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) at [61] 2021 Chief Judge’s MB 97 [11] The Chief Judge’s jurisdiction was described by the Court of Appeal in Inia v Julian (2020) as follows:4 … the powers vested in the Chief Judge under s 44(1) of the Act fall i...