Search Results

1. Lawyer-for-Subject-Person.-Selection-Appointment-and-Other-Matters.pdf [pdf, 238 KB]

   ...on the rate of remuneration and/or any additional cost, the file should be referred to a judge for direction. 6.9 The lawyer’s appointment will continue: (a) for 28 days from a final order pending any party to the proceedings taking steps to appeal; and (b) if directed to continue by the court for a specific purpose. 6.10 The role of the lawyer is contained in section 65 of the PPPR Act and referred to in detail in the FLS Best Practice Guidelines. 7 REPORT TO THE COURT...

2. 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...

3. [2024] NZEmpC 4 Bread of Life Christian Church in Auckland v Chen [pdf, 221 KB]

   ...and I do not consider it is in the interests of justice to do so. Application for a stay of proceedings [36] The plaintiff applies for a stay of execution of the Authority’s determination. It does so on the grounds that: (a) the proposed appeal will be rendered nugatory unless a stay is granted; (b) third parties, being donors of the Trust Board, members of the Church, and those with an interest in the High Court proceedings, will be negatively impacted by the lack of a stay;...

4. Dean v Ministry of Social Development (Strike-Out) [2024] NZHRRT 15 [pdf, 218 KB]

   ...was subsequently suspended as a result of failing to satisfy what he described as the Ministry’s request for information “which was some financial statements of [the plaintiff’s] company which were known not to exist.” His partner had appeal rights in relation to the Ministry’s suspension decision. Mr Dean refers to his partner having taken two unsuccessful cases to the Social Security Appeal Authority challenging her SLP benefit suspensions. The first statement of clai...

5. [2024] NZEmpC 98 Crichton v Dig Tip Earthworks Ltd Anor [pdf, 257 KB]

   ...and (ab) the terms may not be cancelled under sections 36 to 40 of the Contract and Commercial Law Act 2017; and (b) except for enforcement purposes, no party may seek to bring those terms before the Authority or the court, whether by action, appeal, application for review, or otherwise. (3A)… (4) A person who breaches an agreed term of settlement to which subsection (3) applies is liable to a penalty imposed by the Authority. [16] Section 151 provides: 151 Enforcemen...

6. Peta v Hemara - Succession to Henry Peta [2023] Chief Judge's MB 731 (2023 CJ 731) [pdf, 335 KB]

   ...interests of justice to remedy the mistake or omission. [11] The principles that are applied to s 45 decisions have been previously set out in numerous decisions of the Chief and Deputy Chief Judges, the Māori Appellate Court, and the Court of Appeal. [12] However, for the benefit of the applicant, I note that s 44 explicitly refers to situations where the Court has made an incorrect decision due to a flaw in the evidence presented, or in the interpretation of the law, and it is...

7. Pikia - Succession to Roimata Ani Pikia [2023] Chief Judge's MB 747 (2023 CJ 747) [pdf, 379 KB]

   ...interests of justice to remedy the mistake or omission. [13] The principles that are applied to s 45 decisions have been previously set out in numerous decisions of the Chief and Deputy Chief Judges, the Māori Appellate Court, and the Court of Appeal. [14] However, for the benefit of the applicant, I note that s 44 explicitly refers to situations where the Court has made an incorrect decision due to a flaw in the evidence presented, or in the interpretation of the law, and it is...

8. Cheng v Serco New Zealand Limited [2025] NZHRRT 11 [pdf, 203 KB]

   ...made against Mr Cheng. [49] However, there is no evidence that Serco’s failure in this regard had, or was likely to have had, any material impact on the outcome of Mr Cheng’s High Court litigation to date, nor on the outcome of subsequent appeals to the Court of Appeal. We further note that there appears to be no mention of the matter having been raised by Mr Cheng in the related judgments or minutes of the courts that were put before the Tribunal.17 Nor do the costs orders a...

9. [2025] NZREADT 15 – UJ v REAA (19 May 2025) [pdf, 164 KB]

   ...on an error of law or principle; (b) took account of irrelevant considerations; (c) failed to take account of a relevant consideration; or (d) was plainly wrong. Procedure [27] On 18 September 2024, the Tribunal issued Minute 1 directing the appeal be heard on the papers and setting a timetable for evidence and submissions. Minute 2 (30 October 2024) was issued setting a timetable for submissions on an interlocutory issue concerning redacted documents before the Registrar withh...

10. 20240923-Sentencing-Reform-Amendment-Bill.pdf [pdf, 5.7 MB]

    ...to be compelled to confess guilt, protected bys 25(d) of the Bill of Rights Act. A defendant may feel increased pressure to plead guilty at the first available opportunity in order to benefit from the maximum available discount. 29. The Court of Appeal in Hessell v R22 issued structured guidance on the maximum sentence reduction available for a guilty plea, largely based upon the time that a plea is entered. This was subsequently overturned by the Supreme Court,23 which held that determ...