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1. Guide for Policy and Legal Advisors

   ...conditions as the prosecution the right, if convicted of an offence in respect of which the penalty has been varied between the commission of the offence and sentencing, to the benefit of the lesser penalty the right, if convicted of the offence, to appeal according to law to a higher court against the conviction or against the sentence or against both the right, in the case of a child, to be dealt with in a manner that takes account of the child's age. These rights only affect what should hap...

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   1. Justice sector & policy >
   2. Constitutional issues & human rights >
   3. The Bill of Rights Act

2. [2017] NZEmpC 51 E Tu Inc v New Zealand Transport Agency [pdf, 211 KB]

   ...their words to mean, or what their negotiating stance was at any particular time, is irrelevant. 8 (footnotes omitted) [38] There is a further point which should be emphasised for the purposes of this case. In Silver Fern Farms, the Court of Appeal referred to the approach adopted at first instance by Judge Shaw, when she was required to consider apparent 7 Tertiary Education Union v Vice-Chancellor, University of Auckland [2015...

3. [2015] NZEmpC 164 Wellington Free Ambulance Service Inc v Austing Anor [pdf, 143 KB]

   ...convenience favours the making of the order sought; and (c) In considering all matters, the overall justice favours the making of the orders sought. [10] In the recent decision of NZ Tax Refunds Ltd v Brooks Homes Limited, the Court of Appeal confirmed the approach in these terms: 2 The approach to an application for an interim injunction is well established. The applicant must first establish that there is a serious question to be tried or, put another way, that the...

4. Gay v Tupara-Katu - Succession to Boy Kapua [2021] Chief Judge's MB 1120 (2021 CJ 1120) [pdf, 292 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.5 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [23] The Court of Appeal has recently confirmed that the power under s 44(1) falls into two parts:6 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the cou...

5. [2013] NZEmpC 1 Gini v Literacy Training Ltd [pdf, 152 KB]

   ...could ever constitute serious misconduct. Legal principles [16] The principles applicable to any assessment of economic loss and compensation under s 123 of the Act are now well established. They were conveniently summed up by the Court of Appeal in Sam’s Fukuyama Food Services Ltd v Zhang 3 in these terms: [24] We now deal briefly with the applicable principles. In Telecom New Zealand Ltd v Nutter, this Court approved the principle that compensation for lost remuneration...

6. Koning v Smith - Matapihi 1A 3D 4C 1 Block (2011) 18 Waikato Maniapoto MB 220 (18 WMN 220) [pdf, 209 KB]

   ...Confiscation Claims (2004) Legislation Direct, Wellington, p 166 at para 6.4, p 263 at para 10.1, p 303 at para 10.8.4 and p 323 at para 11.2.5 and Faulkner v Deputy Registrar – Allotment 5 Parish of Tahawai (2010) Māori Appellate Court MB 643 (2010 APPEAL 643) 18 Waikato Maniapoto MB 225 Tauranga, no Māori land in the Tauranga district has had the status of Māori customary land. All that Judge Milroy did was confirm the existing status of the block which is Māori free...

7. Nixon v Attorney-General [2018] NZHRRT 9 [pdf, 301 KB]

   ...other relationships, making already complex calculations even more so. Mr Hogan stated that apportionment would likely result in increased errors in entitlement calculations which would likely cause MSD to be subject to an increase in reviews and appeals. Issue one – the absence of an assessment in respect of Mr Nixon under s 70B(3) [43] The Crown submitted that Mr Nixon’s claim regarding the discriminatory effect of s 70B(3) on himself must fail because he has never applied...

8. 2021-04-07 - ORC - legal submissions - scope [pdf, 266 KB]

   ...Landowners v Auckland Council [2017] NZHC 138 at [116]. 7 Section 293 of the RMA 25 Section 293 of the RMA empowers the Court to direct changes to a proposed plan or plan, which are not otherwise within its jurisdiction due to the scope of the appeal before it. 26 26 Relevantly, section 293 of the RMA provides: 293 Environment Court may order change to proposed policy statements and plans (1) After hearing an appeal against, or an inquiry into, the provisions of any proposed...

9. BORA Border Security Bill [pdf, 72 KB]

   ...such a person affect any relevant "interest protected or recognised by law"? 44.3 Even if there is a prima facie breach of s 27(2), could it be justified in terms of s 5 BORA? 45. As to the first issue, in light of the recent Court of Appeal decision in Chisholm v Auckland City Council (CA32/02 29 November 2002) it is not clear that an NZIS official making a "decline" decision is to be regarded as a "public authority" within the meaning of s 27(2) BORA. Th...

10. Insley v Huritu - Awanui Haparapara No 4B (2017) 167 Waiariki MB 194 (167 WAR 194) [pdf, 247 KB]

    ...the individual or body; and (b) shall not appoint an individual or body unless it is satisfied that the appointment of that individual or body would be broadly acceptable to the beneficiaries. … [27] In Clarke v Karaitiana the Court of Appeal considered the Court’s discretion in appointing trustees, referring to the provisions in s 222(2). 2 The Court noted: [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the abil...