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1. Legal aid - limited approvals Operational Policy & application form draft [pdf, 888 KB]

   ...Act 2014 resulting from or related to a criminal case they have acted on; or − judicial review proceedings related to a criminal case they have acted on. DRAFT 6 • where the applicant has an existing approval and requires a Court of Appeal and Supreme Court lead provider approval for attendance for an appeal against a pre-trial ruling to be heard in the Court of Appeal; • where the applicant has been assigned to represent a client in a criminal matter and the provider...

2. Complaints Assessment Committee (CAC 409) v Cartwright [2018] NZREADT 25 [pdf, 264 KB]

   ...whose complaint to the Real Estate Agents Authority (“the Authority”) led to the charge being laid. Procedural history [4] Ms Saywood’s complaint has previously been considered by the Tribunal. In July 2017 the Tribunal considered an appeal by Ms Saywood against the finding of the Committee that Mr Cartwright had engaged in unsatisfactory conduct, and the penalty orders imposed by the Committee: censure, an order to complete specified further training, and a fine of $5,000...

3. MLC - Form 12 Chief Judge [pdf, 77 KB]

   ...Māori Land Court to exercise their power under section 44 of Te Ture Whenua Māori Act 1993 to correct a mistake, error or omission on the part of the Court or in the presentation of the facts of a case to the Court. This form should not be used to Appeal against a decision of the Māori Land Court or Māori Appellate Court nor should it be used to correct an administrative error in a minute or order of the Court. HOW TO FILE AND COMPLETE THIS APPLICATION FORM (i) This form must be acco...

4. [2019] NZEmpC 85 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 323 KB]

   ...[6] The Vice-Chancellor submitted that usually costs follow the event and, having been successful, an order in his favour ought to be made.7 His claim for indemnity costs relied on Bradbury v Westpac Banking Corp.8 In that case the Court of Appeal referred to non-exhaustive circumstances in which indemnity costs might be awarded as follows:9 3 Employment Court Practice Directions at 18 <www.employmentcourt.govt.nz/legislation-...

5. [2015] NZEmpC 118 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 233 KB]

   ...former and subsequent employers. These references must have been known to the plaintiff whose lawyers are the same in all jurisdictions. [56] There are at least five such references in the judgments of the High Court, 3 the Court of Appeal, 4 the Supreme Court, 5 the High Court (again on costs) 6 and, finally, the Employment Court. 7 [57] I will simply mention two passages, one from each of the judgments of the High Court and the Court of Appeal. At [8] of the jud...

6. 23 June 2022 JC Panel decision (Suppression) redacted [pdf, 242 KB]

   ...any court or tribunal, the starting point when it comes to questions of suppression is the principle of open justice. The importance of the principle of open justice has been discussed at length in case law. [15] In R v Liddell, the Court of Appeal said:9 [T]he starting point must always be the importance in a democracy of freedom of speech, open judicial proceedings, and the right of the media to report the latter fairly and accurately as “surrogates of the public”. [16] I...

7. [2019] NZEmpC 147 Baker v Hauraki Rail Trail Ltd [pdf, 273 KB]

   ...obligations of good faith in section 4 of the Employment Relations Act 2000. The second and third defendants deliberately subverted the determination and orders made by member Crichton in August 2015. (c) The grounds on which the plaintiff makes the appeal to include the second and third defendant in reopening of the investigation are breaches of the Crimes Act 1961 s111, the Employment Relations Act 2000, s134A(1) and section 4. In addition, the plaintiff seeks a compliance or...

8. Pepere - Tikitiki A23 (2001) 61 Ruatōria MB 150 (61 RUA 150) [pdf, 688 KB]

   ...1967. The purpose of the Maori Affairs Amendment Act 1967 was reflective of former land policies. In 1986, the Maori Appellate Court stated that the intention of the 1967 Amendment was to facilitate sales of Maori land. (See In Re Te Koutu E63 and An Appeal by Bernadette Wenarata Ayton 7 Waiariki Appeal MB 58). Under section 6/67 where confronted with land beneficially owned by no more than four persons, the Registrar could issue in respect of the block a declaration that the status of...

9. [2011] NZEmpC 146 North Dunedin Holdings Ltd & Booth v Harris & Cousins [pdf, 60 KB]

   ...understand that once the Mediator signs the agreed terms of settlement: 1. The settlement is final and binding on us; and 2. except for enforcement purposes, neither of us may seek to bring those terms before the Authority or Court whether by action, appeal, and application for review, or otherwise; and ... [6] Beneath those terms, the document is again signed by all parties including Mr Booth, he having signed it both for himself and for the company. Accordingly, the documen...

10. Position profile: Environment Commissioners [pdf, 107 KB]

    ...• 11 Environment Commissioners of which there can be any number • 3 Deputy Environment Commissioners (who act in place of Commissioners during periods of absence) and again there can be any number. The Court considers applications and appeals made under the RMA and has wide ranging jurisdiction under the Act. It also has significant jurisdiction under other legislation. A quorum for the Court is one Judge and a Commissioner but the general practice is for a Judge to sit w...