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1. Regulatory Impact Statement a Stronger Response to Family Violence information sharing between court jurisdictions in domestic violence cases [pdf, 193 KB]

   ...sharing in DV cases party’s rights and confidence  in the justice system  know something about  the information without  seeing it first   Allows relevance to be determined  by existing legislation and checked  by appeal/review processes if  necessary   Access to address information  42. The alternative option we propose  for  remedying uncertainty of access  to criminal  jurisdiction  address information is to provide for un...

2. Justice Matters - issue 17 - December 2019 [pdf, 5 MB]

   ...important mechanism that will enable investigations into miscarriages of justice to be completed in an independent, timely and fair way. “We’ve seen how our justice system can very occasionally get things spectacularly wrong, even with rights of appeals, and there needs to be a chance for the innocent on the right grounds to seek a final review of their case.” The Commission will have important information- gathering powers, including the ability to apply for a court order to acc...

3. BORA Customs and Excise Bill [pdf, 231 KB]

   ...detained is the protection of human dignity, autonomy and liberty. 12 73. To trigger the concept of detention there must be a “substantial intrusion on personal liberty” 13, whether a physical deprivation or a statutory constraint. The Court of Appeal has held that: 14 “An arrest or detention is arbitrary if it is capricious, unreasoned, without reasonable cause: if it is made without reference to an adequate determining principle or without following proper procedures.”...

4. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Evidence- John Craig [pdf, 133 KB]

   BI-309448-3-581-V2 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent BRIEF OF EVIDENCE OF JOHN LAURENCE CRAIG ____________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor on recor...

5. CAC20004 v Vessey [2015] NZREADT 10 [pdf, 174 KB]

   ...a contribution to the costs of the Authority of $1,000 and to this Tribunal of a further $1,000, and a compensation payment to the complainants of $2,000. [67] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr G Denley Member ______________________________ Ms C San...

6. ZF v XC LCRO 266/2013 (19 February 2015) [pdf, 103 KB]

   ...investigation for or on behalf of a Standards Committee in relation to the complaint or matter to which the final determination relates. [47] In addition, Winkelmann J in Deliu v Hong noted that:12 …the power of review is 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 his...

7. Fehling v Appleby [2014] NZHRRT 24 [pdf, 94 KB]

   ...Privacy Act. Those members were the Chairperson, RPG Haines QC, Ms J Grant, Member and Ms S Scott, Member. The application was dismissed in Fehling v Appleby (Recusal Application) [2014] NZHRRT 11 (17 March 2014). Neither decision was challenged on appeal. [7] At the commencement of the hearing Mr Fehling made two applications: [7.1] First, that the Tribunal address certain further issues under the Insolvency Act, particularly in relation to the remedies the Tribunal can award agains...

8. 2011 to 2014 Ministry of Justice statement of intent [pdf, 537 KB]

   ...We create a court environment where disputes and offences can be resolved, while maintaining the court system’s integrity and the judiciary’s independence. We administer and support the progression of cases in the Supreme Court, Court of Appeal, High Court, District Courts, specialist courts and a range of tribunals and authorities. We ensure that courts are safe, and implement policy and legislative changes in the court system. We maintain the credibility of monetary penalt...

9. [2019] NZEmpC 86 Lyttleton Port Company Ltd v Pender [pdf, 325 KB]

   ...Court to admit evidence. That power was contained within a suite of statutes relating to Family Court proceedings and was couched in the following terms:6 In all proceedings under this Act (other than criminal proceedings, but including appeals or other proceedings), the Court may receive any evidence that it thinks fit, whether or not it is otherwise admissible in a court of law. [51] This became pejoratively known as the “any evidence” rule.7 Its application over t...

10. Engelbrecht TRI-2020-100-007 Procedural Order 5 [pdf, 200 KB]

    ...[1984] 2 NZLR 548 (HC) at 593–595; Hermann v Martin [2020] NZHC 688 at [39]. 11 Morton, above n 10. 12 Trevor Ivory Ltd v Anderson [1992] 2 NZLR 517 (CA) at 527. 13 Hsu v Mahoney [2021] NZHC 1611 at [186]–[194], relying on the Court of Appeal in Body Corporate 202254 v Taylor [2008] NZCA 317, [2009] 2 NZLR 17. 14 At [203] (footnote omitted). 6 designed by Paul Maurice Foley (Mr Foley), the fourth respondent, possibly on behalf of Paul Foley Design Ltd (PFDL). The...