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1. Wainui v Wainui - Part 1 Deposited Plan 3413 (2024) 127 Tairawhiti MB 150 (127 TRW 150) [pdf, 283 KB]

   ...sworn statement by Thelma supplied in support of the injunction application records that: (a) Thelma’s understanding is that the Whānau Home was vested in the Tipene and Sarah Wainui Whānau Trust; (b) In 2000 Thelma signed an agreement with permitting her, Thelma, to occupy the Whānau Home; and (c) Thelma’s copy of her agreement with the Tipene and Sarah Wainui Whānau Trust was destroyed in Cyclone Gabrielle. [17] While Thelma, and perhaps other beneficiaries of the Tipe...

2. Kokiri-Tamanui - Mangapoike 2A2 Sections 12, 46, 47 & 48 (Te Reinga Marae) (2024) 127 Tairāwhiti MB 1 (127 TRW 1) [pdf, 289 KB]

   ...received from Ms Mitai and Ms Mitai-Harris. They claimed the election process was “unfair and unjustified.” They claimed votes per person were not clarified at the start of the election (one vote per person). They claimed multiple voting was permitted after the fourth nominee had been selected and that voting online was not correctly counted. In addition, they alleged that one screen with votes was counted but a second screen was not. They could not understand why only eight t...

3. [2024] NZEmpC 163 LDJ v EZC Costs [pdf, 209 KB]

   ...[1] On 19 June 2024, the Court removed the applicant’s employment relationship problem to the Court.1 In its decision, the Court indicated that LDJ was entitled to costs on their application, noted that costs ought to be able to be agreed, and permitted them to apply for costs within 14 days of the judgment if necessary.2 [2] Unfortunately, the parties were unable to agree. LDJ applied for costs on 3 July 2024. 1 LDJ v EZC [2024] NZEmpC 109. 2 At [63]. [3] Couns...

4. Wai 3300, 2.6.019 Memorandum directions of Chief Judge Dr C L Fox commencing wānanga ā-rohe phase [pdf, 520 KB]

   ...Tribunal will not be hearing or testing evidence during the wānanga ā-rohe phase (Wai 3300, #4.1.5 at 37). The wānanga ā-rohe are distinct from a ngā kōrero tuku iho hearing process (Wai 3300, #4.1.5 at 75). 34. I also confirm that parties are permitted to present evidence to support their discussions and consideration of tikanga principles and/or constitutionality. 35. I further confirm that transcripts of the kōrero from the wānanga will be placed on the record of inquiry....

5. [2025] NZEmpC 1 Byrne v Coverstaff Recruitment Group Ltd [pdf, 198 KB]

   ...parties.13 [23] In making directions, the Court can direct that a de novo challenge be heard on a non-de novo basis and limit the extent of the issues to be heard on a challenge. Further, it can limit the scope and extent of the evidence to be permitted. It can also give an indication that the party’s behaviour will be addressed during any assessment by the Court of costs.14 Finally, directions can also be made requiring a party to strictly comply with timetabling orders.15 I...

6. Zhang v James Cook Hotel Ltd (Strike Out) [2025] NZHRRT 2 [pdf, 247 KB]

   ...limits or affects any authority or power of a court, including the authority of the High Court under its inherent jurisdiction, to punish any person for contempt of court in any circumstances to which this Act does not apply. … [43] Section 25 permits a judicial officer to use his or her powers under the sections referred to as often as necessary. However, those powers are predicated on s 10 of the Contempt of Court Act applying, which it does not in this case. [44] Section 26...

7. [2024] NZEmpC 236 Devine v Heart Kids NZ Ltd [pdf, 204 KB]

   ...policy. Consultation with staff followed and the policy came into effect on 23 September 2021. In it, Heart Kids encouraged staff to be vaccinated. The policy confirmed that staff would be supported to access vaccinations, including being permitted to have time away during work hours to be vaccinated. Additionally, the policy advised employees that there would be some roles where vaccination might become a condition for performing work. [13] On 12 October 2021, Dr Ruth...

8. Wild v Ministry for Primary Industries (Strike Out) [2024] NZHRRT 69 [pdf, 252 KB]

   ...Society, the Court of Appeal observed that such conduct is unfair to others involved in the proceeding and undermines confidence in the administration of justice:16 [17] Limits are enforced because it is inimical to the administration of justice to permit abusive behaviour in a public forum where speech is protected by absolute privilege. Misuse of the judicial process causes unfairness for others involved, including the opposing party. It also undermines public confidence in the admin...

9. BORA Regulatory Systems (Justice) Amendment Bill package [pdf, 267 KB]

   ...person who does not comply.5 8.3 Allow persons who do not comply with these directions to re-enter the relevant area of the court only if they later comply with the direction,6 or the presiding judge considers it is in the interests of justice to permit or 2 Bail Act, s 8. 3 Clause 55 inserting new s 11A(1), (1A), (2A): this can include directions by court security officer on behalf of the chief executive of the Ministry of Justice, or by members of a court, tribunal or dispute-r...

10. [2025] NZREADT 01 LQ v Registrar Substantive (9 January 2025) [pdf, 250 KB]

    ...Tribunal in evaluating what happened that day. 5 Kacem v Bashir [2010] NZSC 112, [2011] 2 NZLR 1 at [32]. 8 [37] The Authority produced submissions on 25 October 2024. It is submitted that none of the narrow grounds for intervention permitted by Kacem are made out. DISCUSSION [38] The complaint in essence comprises two matters: 1. The licensee failed to attend an arranged viewing at 8:30 am, instead rescheduling for an outside viewing only at 1:30 pm. 2. At the 1:30...