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1. OIA-Use of rough sex defense in court [pdf, 1.2 MB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 14 November 2024 Ref: OIA 116677 Tēnā koe Official Information Act request: Use of the ‘rough sex defence’ in court Thank you for your email of 14 October 2024 to the Ministry of Justice (the Ministry), requesting, under the Official Information Act 1982 (the Act), information regarding the use of the so-called “rough sex d...

2. [2011] NZEmpC 102 Broughton v Microsoft NZ Ltd second interlocutory [pdf, 68 KB]

   ...is similarly a broad outline of strategy which does not refer to the plaintiff but nevertheless probably covers what was intended to happen to him. [6] The foregoing documents, both individually and collectively, do not appear to amount to a request for legal and human resources advice about a proposed strategy. Rather, they set out the strategy, or at least parts of it, itself. It is necessary in these circumstances to then consider what Ms Doherty, whose affidavit supports the c...

3. [2020] NZEmpC 67 Maddigan v Director-General of Conservation [pdf, 312 KB]

   ...the defendant in full within a period of 14 days of the date of this judgment. [6] Mr Maddigan asks for an order that he be paid out his accrued long service leave (equivalent to 15 days). The Director-General of Conservation opposes this request on two grounds. I deal with them in reverse order. [7] The second argument is that cl 3.4 of the collective agreement effectively prevents any payment. That provision states that an employee is entitled to long service leave on compl...

4. [2012] NZEmpC 37 Anto v Planet Spice Ltd [pdf, 68 KB]

   ...for challenging a determination is understood. The answer may be for a very basic pro forma challenge to be lodged within the 28-day period so as to preserve the litigant’s rights and at the same time counsel could file and serve a memorandum requesting the Court to give directions that no statement of defence need be filed until the outcome of the legal aid application is known one way or the other. In that way, should the legal aid application be declined, the potential plaintif...

5. CoCA Fixed Fees Schedule Jul 2020 [pdf, 173 KB]

   ...Taking instructions, attending the client • Preparing application for legal aid • Attempting to contact the client • Closing the file • Reporting to client • Reporting to and invoicing Ministry of Justice Note: This fee can only be claimed where initial instructions are not carried through and the file is closed prior to the completion of stage one of any proceedings. It cannot be claimed in conjunction with any other schedule. Application(s)/Order(s) Activity...

6. FG Ltd v SB & ID Ltd [2023] NZDT 173 (7 June 2023) [pdf, 120 KB]

   ...previous days driving on that road he had not hit it. He rang and reported the incident. 10. ST said both respondents had a duty to maintain the roads or to warn motorists of potholes like this. 11. ST said he asked SB for months to give him information about its inspection of this stretch of road and it ignored him. Inspection reports were produced at the second hearing and indicate that stretch of road was the subject of an inspection 4 days earlier by ID Ltd. The report does not...

7. TN v K Ltd [2023] NZDT 649 (1 December 2023) [pdf, 180 KB]

   ...that it is not proven that K Ltd failed to exercise reasonable care and skill when it carried out the re-build, and TN’s claim must be dismissed. Referee: Nicholas Blake Date: 1 December 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...

8. QA v FI & II [2024] NZDT 231 (6 March 2024) [pdf, 127 KB]

   ...need to consider the question regarding whether $30,000.00 is a reasonable amount of compensation. 14. For the above reasons, the claim is dismissed. Referee: L Thompson Date: 6 March 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...

9. TT v JN [2024] NZDT 344 (15 May 2024) [pdf, 95 KB]

   ...have failed to prove that it is more likely than not that JN was driving without reasonable care and skill. 10. The claim by TT and J Ltd is therefore dismissed. Referee: K L Hoult Date: 15 May 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a r...

10. 2017 NZSSAA 020 (5 May 2017) [pdf, 330 KB]

    ...vulnerable. c. A certificate of title showed that the Appellant and OCI were joint owners of a home, and were both noted as mortgagors. d. Documents relating to Police checks for the Appellant and OCI indicated that they had been identified on forms as “partners”. e. Various hospital2 documents showed the Appellant and OCI as being “partners” in the records. Other medical records also showed that the Appellant and OCI were identified as partners. f. ANI said that informa...