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1. Wiringi - Succession to Ngahuiatapu Rogers [2024] Chief Judge's MB 144 (2024 CJ 144) [pdf, 238 KB]

   ...shares of the deceased solely with the true intention being that all of her four deceased siblings would also receive their entitlement equally and that the present situation needed to be rectified. 2024 Chief Judge's MB 146 4. In a separate application made during 2022, the applicants sought to have the matter corrected pursuant to section 86 Te Ture Whenua Māori Act 1993. That application was however unable to proceed with the Court being unable to amend orders older...

2. Family and Sexual Violence work programme April [pdf, 327 KB]

   ...to the April update from the Multi-Agency Team on Family and Sexual Violence. The Multi-Agency Team is leading government efforts to create a coordinated, cross-government approach to preventing and responding to family and sexual violence. Through this newsletter you will receive updates on current work, including the implementation of the Family and Whānau Violence Legislation Bill. We welcome your feedback so please email us at familyandsexualviolence@justice.govt.nz In...

3. RA v LZ LCRO 2 / 2011 (22 August 2012) [pdf, 182 KB]

   ...considered that the fees charged to the estate were reasonable for the administrative work done, that the charges were properly incurred and that it was appropriate that the Practitioner be paid for the work. [19] The Standards Committee considered separately the fees charged for the litigation work. The Committee did not order a refund of the $7,000 fees that had been debited against the estate, despite the Judge’s comments that the litigation was not an estate proceeding. T...

4. LCRO 79/2019 PS v NR (28 May 2020) [pdf, 193 KB]

   ...the respondent, Mr NR, at the relevant time a lawyer employed by [Law Firm G] (the firm) as a consultant. Mr NR represented Ms PS’ former husband, Mr UM, in domestic violence proceedings against Ms PS in the Family Court. [2] Ms PS and Mr UM separated during 2002. Their twin sons, A and B, were then aged 2. Mr UM remarried in 2015. [3] Ms PS says she had over time experienced difficulties obtaining financial contribution from Mr UM for the boys’ care and upbringing which...

5. Rec-Recap-2024-Q1-FINAL.pdf [pdf, 873 KB]

   ...Laken Toko Watene, aged 30, died on 1 December 2022 at Crayfish Point, Matira, of drowning. On 1 December 2022, Mr Watene and his friends, Mr Awatere and Mr Lush, were fishing off the rocks at Crayfish point, situated in a remote area accessible through farmland. Access to the fishing spot required navigating steep rock faces. Mr Watene and his friends fished for approximately three hours without wearing life jackets. After several hours of fishing, they noticed the waves were getting...

6. International Covenant on Civil and Political Rights - 3rd report [pdf, 96 KB]

   ...contravening the fundamental rights and freedoms set forth in the Bill of Rights. (b) The bill proposed in the white paper was referred to a Select Committee of the Parliament which heard over 400 submissions in the course of meetings held in six cities throughout 1986. (c) In 1987 the Select Committee made an interim report to Parliament in which it noted considerable opposition to enactment of a bill in the form proposed, on the grounds that it would give too much power to judges. (d) In 1...

7. Miscarriage of justice - Scott Watson - K McDonald's supplementary advice March 2013 [pdf, 349 KB]

   ...the Court of Appeal was not specifically invited by Mr Watson's counsel to consider whether the verdicts were unreasonable and could not be supported having regard to the evidence because Mr Watson's counsel did not pursue this as a separate ground of appeal. They concluded based on their assessment and knowledge of the case that it was a ground of appeal that had "no prospect of success" and in essence they "accepted" that, on the basis of the eviden...

8. [2006] NZEmpC AC 34/06 NZ Engineering Printing & Manufacturing Union v ACI Operations NZ Ltd [pdf, 71 KB]

   ...Toogood QC and Don MacKinnon, Counsel for Defendant Ross Wilson, Advocate for New Zealand Council of Trade Unions Tim Cleary, Counsel for Business New Zealand Judgment: 29 June 2006 Judgment of the Full Court [1] This case raises two separate and unrelated issues about the interpretation and application of provisions of the Holidays Act 2003. [2] The first issue is the effect of the Holidays Act 2003 on the interpretation of sick leave provisions contained in the collect...

9. [2018] NZEmpC 132 Nicholson v Ford [pdf, 308 KB]

   ...Denture and Hearing [2018] NZERA Auckland 68. company was placed in voluntary liquidation before the matter could progress in the Authority. The liquidator did not consent to the continuation of the claim against the company and its parent company. Mr Ford could have proceeded down the route of applying to the High Court for orders enabling him to proceed against the company in liquidation but he chose to pursue a claim against Mr Nicholson for a penalty under s 134 of...

10. [2015] NZEmpC 209 Ale v Kids At Home Ltd [pdf, 145 KB]

    ...grievance for unjustified dismissal, which had been foreshadowed in his earlier email of 12 November 2013. He went on to advise that: In addition to the above I advise that [Ms Ale] has grievances for workplace bullying and workplace stress through overload of work. Regarding the workload/stress issue you were aware that [Ms Ale] was carrying a heavy load with parent visits when she took up the added responsibilities of the Senior Visiting Teacher position. … You will be awa...