Ministry of Justice

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1. LN v TD Ltd [2020] NZDT 1466 (13 March 2020) [pdf, 193 KB]

   ...furniture. Therefore LN is entitled to a refund of the purchase price. Was LN entitled to dispose of the sofa bed? 6. When a party has possession of goods belonging to another, even involuntary possession, they have a duty to take reasonable care of the goods. CI0301_CIV_DCDT_Order Page 2 of 3 7. LN organised for the sofa bed to be donated to the Salvation Army. Although her house guest did ask TD Ltd to collect the sofa bed the day after it was delivered, this was in the c...

2. Family Court rewrite submission: NZ Nurses Organisation [pdf, 224 KB]

   ...health, employment and social policy development. In general we support the review of Family Justice System, which aims to review the ‘2014 reforms’ which made changes the services and processes available to help separating couples agree on the care and contact arrangements for their children. We agree that family violence, in all its forms, is unacceptable, and that addressing the systemic barriers that disadvantage women and children from accessing quality, fair and culturally...

3. [2023] NZEmpC 158 Turner v Te Whatu Ora [pdf, 293 KB]

   ...the nature of the allegations it was not appropriate for Ms Turner to be at work while the investigation was undertaken. (b) The details of the allegations were of a serious enough nature that the DHB needed to be sure it met its obligations to protect the interests of, and minimise potential risk to, Ms Turner, other members of staff and patients. [21] Ms Turner and her representative from NZNO met with the DHB on 7 April 2021. Prior to the meeting commencing, Ms Turner’s...

4. Proactive Release: Response to the third Universal Periodic Review recommendations [pdf, 1.5 MB]

   ...Mandela Rules. A Māori Corrections strategy is being developed with Māori. A Corrections women’s strategy and transgender policies are being implemented. Work on a Corrections staff strategy on inclusion and diversity is in progress. 26. Health care for prisoners must be reasonably equivalent to services for the public. New Zealand will continue to invest in improving mental health services in prisons, including new facilities. 27. New Zealand will consider whether the curre...

5. IC v X Ltd [2024] NZDT 747 (16 October 2024) [pdf, 97 KB]

   ...owners’ risk basis, and while it regrets that damage occurred and the concerns IC has expressed, it does not believe it has legal liability for this damage. 3. The issues to be resolved are: a. Were moving services provided with reasonable care and skill? b. Is IC entitled to compensation of $8,774.00 as claimed, or to any other sum? Were moving services provided with reasonable care and skill? 4. Contracts are recognised to have terms which are described as express terms, i....

6. BORA Human Tissue (Organ Donation) Amendment Bill [pdf, 213 KB]

   ...organs are inconsistent with section 19(1) of the Bill of Rights Act, and cannot be justified under section 5. Our analysis of these issues is set out below. SECTION 19: FREEDOM FROM DISCRIMINATION 10. Section 19(1) of the Bill of Rights Act protects the right of “freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993." These grounds include: • Age (which means any age commencing with the age of 16 years); and • Disability (which...

7. LCRO 236-2015 DZ v EY [pdf, 176 KB]

   ...would eventually become the subject of a vehemently contested hearing before the Family Court. In the meantime, communications between J’s parents continued to deteriorate. [6] On Ms FX’s instructions, in November 2012, Ms EY applied for a protection order to prevent Mr DZ having contact with her, J and her daughter. Ms FX’s affidavit expresses her concern that she would be unprotected once the criminal allegations were resolved and Mr DZ was no longer the subject of bail co...

8. [2023] NZEmpC 94 Soapi v Pick Hawke’s Bay Inc [pdf, 255 KB]

   ...the employment agreement to be offered to seasonal employees employed under this scheme. The plaintiffs’ claims [8] The plaintiffs claim that the defendant made deductions from their wages that were unlawful because they breached the Wages Protection Act 1983 or Minimum Wage Act 1983. [9] The first claim is that the defendant unlawfully deducted certain expenses from the plaintiffs’ wages in breach of the Wages Protection Act. The deductions were itemised in a schedule...

9. Final Report of the Independent Panel - Word [docx, 11 MB]

   ...counselling 91 Identifying and responding to complex cases 94 Case tracks and conferences 97 Without notice applications 99 Cost contribution orders 101 Part Four: Monitoring and development 103 Technology in the Family Court 104 Family Court Rules 2002 105 Care of Children Act forms 106 Monitoring 107 Final thoughts 110 Appendix One: Terms of reference 112 Appendix Two: Acknowledgements 114 Appendix Three: Prioritisation of recommendations 115 Appendix Four: Estimating additional costs of reco...

10. Te Korowai Ture ā-Whānau: The final report of the Independent Panel examining the 2014 family justice reforms [pdf, 1.3 MB]

    ...responding to complex cases 94 3.9 Case tracks and conferences 97 3.10 Without notice applications 99 3.11 Cost contribution orders 101 Part Four: Monitoring and development 103 4.1 Technology in the Family Court 104 4.2 Family Court Rules 2002 105 4.3 Care of Children Act forms 106 4.4 Monitoring 107 Final thoughts 110 Appendix One: Terms of reference 112 Appendix Two: Acknowledgements 114 Appendix Three: Prioritisation of recommendations 115 Appendix Four: Estimating additional costs...