Search Results

1. Smith v Bristowe - Succession to Eruera Pereto [2023] Chief Judges Minute Book 39 (2023CJ 39) [pdf, 396 KB]

   ...annulled more than 10 years after the date of the order. Parties affected by orders made under the Act must be able to rely on them. For this reason, the Chief Judge’s special powers are used only in exceptional circumstances. [36] The Court of Appeal has recently confirmed that the power under s 44(1) falls into two parts:14 13 Ashwell – Rawinia or Lavina Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) at [15]. 14 Inia v Julian [2020] NZCA 423 at [10]....

2. [2022] NZEmpC 39 Malcolm v The Chief Executive of the Department of Corrections [pdf, 332 KB]

   ...the plaintiffs’ submissions opposing the application for strike out. 24 As confirmed in New Zealand Fire Service Commission v New Zealand Professional Firefighters’ Union Inc [2005] ERNZ 1053 (CA) at [13]. ... [65] The Court of Appeal in Attorney-General v Prince outlined the standard principles which apply to such an application:25 a) Pleaded facts, whether or not admitted, are assumed to be true. b) The cause of action or defence must be clearly untenable. c) Th...

3. Nelson Standards Committee v Downing and Reith [2022] NZLCDT 7 (17 February 2022) [pdf, 241 KB]

   ...after the unsuccessful judicial settlement conference. Ms L had in the meantime been able to find alternative lawyers to represent her, funded by legal aid. As an outcome she only recovered 10 per cent of the estate, approximately $23,000. An appeal to the High Court was taken, led by an experienced practitioner, Mr Zindel. The appeal was also unsuccessful. [46] Her costs therefore greatly exceeded the recovery. Despite the huge reduction in the anticipated size of the estate,...

4. Deputy Registrar v Moeahu - Lot 1 DP17494 Part Section 2345 New Plymouth (Old Railway Station) (2023) 468 Aotea MB 117 (468 AOT 117) [pdf, 339 KB]

   ...trustee who acted honestly and reasonably and who ought fairly to be excused for the breach of trust and for omitting to obtain the directions of the Court. An important decision concerning the application of s 73 is Wong v Burt, where the Court of Appeal stated: [57] In our view, this is not a case in which the trustees can claim the protection of s 73 of the Trustee Act 1956. The expression “honestly and reasonably” is conjunctive. It was not merely unreasonable - it was downright...

5. Progression-of-reported-sexual-assaults-through-the-criminal-justice-system-2024.pdf [pdf, 500 KB]

   ...2017 (from 2,376 to 3,104 in 2022; 45% to 47%), while there has been a decrease in adults reporting sexual assaults since 2017 (from 2,182 to 2,579 in 9 Note that the final charge outcome in this analysis includes charge outcomes from retrials and appeals. 10 The year 2022 is used for demographic information, instead of 2021, or the latest year (2023), because 2022 is the most recent year where all charges were reported at least a year ago. This is because demographic information is...

6. Proactive-release-Sentencing_Reinstating-three-strikes_Amendment-Bill.pdf [pdf, 788 KB]

   ...warning that is to occur at sentencing; 11.3 requiring the court to state both the sentence and any minimum period of imprisonment that the court would have imposed but for the three strikes regime, which is essential for information gathering and appeals processes; and 11.4 clarifying that post-conviction orders under section 34(1)(a) and (b) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (CPMIP Act) are still available where the three strikes regime applies, ex...

7. OIA-110237.pdf [pdf, 3.4 MB]

   ...example, how much money was spent on reimbursements for school uniforms, how much for hotels, how much for international travel etc.). If you are able to separate the totals by Court (eg totals for all judges in the District Court, and the Court of Appeal, etc) that would be appreciated. I am not asking for totals of individual judges, just aggregate totals for each category. The Ministry responded to the first part of your request on 3 April, confirming that the Ministry administ...

8. Wilson - Oue 2B 2C [2025] Chief Judge's MB 169 (2025 CJ 169) [pdf, 495 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. [11] The Court of Appeal has confirmed that the power under s 44(1) of the Act falls into two parts:6 The first is an evaluative decision as to whether the order made was “erroneous in fact or in law because of any mistake or omission on the part of the c...

9. Cribb - Succession to Tieme Karepe, Te One Karepe, Hoani Karepe and Porokuru Te Kiwi [2025] Chief Judge's MB 373 (2025 CJ 373) [pdf, 366 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.13 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [13] The Court of Appeal has confirmed that the power under s 44(1) of the Act falls into two parts:14 …The first is an evaluative decision as to whether the order made was “erroneous in fact or in law because of any mistake or omission on the part of t...

10. 3-Strikes-Proactive-Release-OIA-Requests_Final_Part4.pdf [pdf, 14 MB]

    ...possible to discuss the email below in more detail in the morning? Mary-Anne had been working on it but she’s now on leave. I’m working on the three strikes RIS, which we are lodging on 04 April. We are hoping to incorporate estimates of the cost of appeals and litigation under the new regime. Would you be able to provide some figures for costs for the following, or know who is able to do so? Please let me know if that is possible in principle, and we can discuss with Sophie whethe...