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1. [2024] NZEmpC 185 Greentree NM Catering Ltd (t/a Master Bao) v Wang [pdf, 184 KB]

   ...justice and the general principle that a successful litigant should be entitled to receive the fruits of its success. I accept that Ms Wang would suffer some adverse 9 Although dealing with an application to for an extension of time to file an appeal, the Supreme Court made helpful observations about the necessarily superficial nature of any consideration of the merits of cases at an interlocutory stage in Almond v Read [2017] NZSC 80, [2017] 1 NZLR 801 at [39]. impact i...

2. Proactive Release-Sentencing Reinstating Three-Strikes Amendment Regulations 2025 [pdf, 195 KB]

   ...they know they face escalating penalties if they continue to offend. 13 The Act adds a power to summon an offender to be given a warning which was omitted at the time of sentencing, or to be given a substituted warning for a sentence imposed on appeal in the absence of the offender. The Act also provides for a warrant to arrest the offender to be given a warning if they fail to respond to the summons. I expect these orders to be rare. 14 The Regulations prescribe a summons and warrants...

3. [2024] NZEmpC 174 A Ifraz Investments Ltd v Jamal [pdf, 202 KB]

   ...Industrial Gases Ltd v Andersons Ltd [1970] NZLR 58 it has been accepted that if the application is to be successful, the applicant must commence by proving the three factors listed. [17] In Commerce Commission v Giltrap City Ltd, the Court of Appeal also addressed the need to stand back by considering whether the overall interests of justice would allow the case to proceed.5 [18] The issues of whether there is inordinate delay and whether that delay is inexcusable depend upon t...

4. Te Whiu v Taituha - Te Tii A Māori Reservation (2024) 278 Taitokerau MB 82 (278 TTK 82) [pdf, 216 KB]

   ...a duty of loyalty to act in the best interests of the beneficiaries. Trustees must not place themselves in a position where their duty and interest conflict. 3 Henderson v Brooking - Wharekahika A47 [2023] Māori Appellate Court MB 17 (2023 APPEAL 17). 278 Taitokerau MB 86 Under the “self-dealing” rule, if a trustee sells trust property to themselves the sale is voidable as of right at the election of an affected beneficiary, no matter how fair the transaction. The...

5. Karaitiana v Seager - Wharetoto 9 Balance Trust (2024) 494 Aotea MB 275 (494 AOT 275) [pdf, 209 KB]

   ...as a trustee. I am prepared to appoint these lawyers per s 70(3)(b) of the Act and to have their services paid for by the Courts special aid fund per s 98 of the Act, subject to approving estimates. These lawyers may also give advice about the appeal rights that both Tokoahu and Harvey have in respect of the rehearing decision and this decision not to recuse myself. [20] I also direct the lawyers appointed to assist both Tokoahu and Harvey in attending any online hearings and to l...

6. [2024] NZREADT 39 – Chen v REAA (22 October 2024) [pdf, 183 KB]

   ...the CPD requirements by the deadline. OUTCOME [31] The application is dismissed and the Registrar’s decision is confirmed. [32] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116, setting out the right of appeal to the High Court. __________________ D J Plunkett Chair ___________________ G J Denley Member ___________________ P N O’Connor Member 6 Real Estate Agents Act 2008, s 154. 7 Section 37(1)(d). Int...

7. Andree v Applehof –Oriwa 1B3E (2024) 273 Taitokerau MB 56 (273 TTK 56) [pdf, 215 KB]

   ...land without conflict. Neither party wishes to sell, and Nellie simply wants to be able to plant some roots for her children 2 Te Ture Whenua Māori Act 1993, s 287(2). 3 Whaanga v Niania – Anewa [2011] Māori Appellate Court MB 428 (2011 APPEAL 428) at [39]. 273 Taitokerau MB 60 and her mokopuna to enjoy their taonga. Having regard to the nature and importance of the matter, I am satisfied that there is a sufficient degree of support amongst the owners. [16] As to whet...

8. Timeframes

   ...proceedings must be undertaken a definition of ‘working days’ . The Criminal Procedure Rules 2012 (the Rules) made under the Act, sets out timeframes: between appearances for filing documents connected to those appearances for applications and appeals. Extending and shortening time The timeframes set out in the Rules may be extended or shortened by the court or by a Registrar with the agreement of both the prosecutor and the defendant. Time of second appearance Defendants may be ready to...

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9. OIA-122824.pdf [pdf, 940 KB]

   ...tables | New Zealand Ministry of Justice. Please refer to the ‘Harmful digital communication offences’ section of the page. As a result, the data information provided in this response is related to the civil pathway only, and does not include appeals, which are filed in the High Court. The Ministry can only provide civil data from 21 November 2016 as this is when the civil provisions of the Harmful Digital Communications Act 2015 came into force, to 31 December 2024. This is bec...

10. National and Auckland Standards Committees v Orlov [2012] NZLCDT 32 [pdf, 59 KB]

    ...Scholtens will not be a member of the Tribunal considering his charges. [21] For the sake of completeness, we are unaware of any Interim Rulings which could be said to be adverse to Mr Orlov; but in any event rely on the decision of the Court of Appeal in Muir v Commissioner of Inland Revenue5 at [98] to [100]: “[98] It has to be accepted that there are occasions when a Judge’s prior rulings might lead a reasonable person to question whether he would remain impartial in any subs...