IN THE DISTRICT COURT CIV-2009-092-1072
MANUKAU
BETWEEN
PLAINTIFF
AND MINISTRY OF SOCIAL DEVLEOPMENT
DEFENDANT
PLAINTIFF’S APPLICATION FOR DEFAULT JUDGMENT
3 Sep 2009
TAKE NOTICE: pursuant to rules section 5 of the District Courts Rules 1992 and the District Court document from Manukau, District Court Rules 2009, Declaratory Judgments Act 1908 and Judicature Act 1908(Reference attached from page 4-6.):
Upon the ground from District Court “Non-Compliance, in the event of non compliance in the exchange of information and documentation, the solicitor for the non-default party shall immediately seek a conference. In the absence of good reason to the contrary, peremptory orders requiring the offending party to remedy the default and pay appropriate costs will be made.” Since the defendant didn’t reply the interrogatories within the time stated the plaintiff filed and served them on the 16 August 2009 and is the non-compliance party to this proceeding. I the plaintiff award to seek immediate conference as the requirement in the Statement of Claim. Therefore I the plaintiff submit this default application and request for immediate conference and judgment for the case CIV-2009-092-1072 in the favor of the plaintiff.
In the Statement of Claim the Plaintiff claims:
(a) Be reimbursed for the wages or other money that I have lost as a result of the false allegation and incident on 5 November and grievance.
(B) Pay compensation $120,000,00 including compensation for humiliation, loss of dignity, and injury to feelings, and compensation for loss of any benefit and all the mental and physical hurt to me, to my family, to my personality and my 25 years work experience and to be arrested violently with handcuff by the police.
(C) Reinstate me my position in MSD or place me in a new position that is at least as advantageous to me as my old position.
(D) Retrieve the dismissal
(E) Declaration by media that the Defendant has defamed the Plaintiff
(F) The person cheating and providing the false information should be imprisonment and charged with guilty
(G) The cost of this action
(H) An order for full solicitor /clients costs
As to why the plaintiff in her Statement of Claim could claim for (B) Pay compensation $120,000,00 including compensation for humiliation, loss of dignity, and injury to feelings, and compensation for loss of any benefit and all the mental and physical hurt to me, to my family, to my personality and my 25 years work experience and to be arrested violently with handcuff by the police, (G) The cost of this action ,(H) An order for full solicitor /clients costs, in the Plaintiff’s Statement of Claim.
Since the defendant is in breach of Summary Offences Act 1981, Criminal Act 1961,New Zealand Bill of Rights Act 1990, New Zealand Humans Rights, Defamation Act 1992, Trespass Act, The Act of Torts: Deliberate Falsehoods, Defamation, Invasion of Privacy, Abuse of the legal procedure, Breach the Statutory Duty, Illegal Contract Act, District Court Act 1992 and 2009, Employment Act by making the false allegation, malicious prosecution, defamation, the plaintiff claim for serious damage for the amount of 120,000,00 for humiliation, loss of dignity, and injury to feelings, and compensation for loss of any benefit and all the mental and physical hurt to me, to my family, to my personality and my 25 years work experience and to be arrested violently with handcuff by the police.
As to why the plaintiff could claim for (E) Declaration by media that the Defendant has defamed the Plaintiff
Under the defamation Act 24 Declarations 2 (a), I the plaintiff could claim for (E) Declaration by media that the Defendant has defamed the Plaintiff.
As to why the plaintiff could claim for (F) the person cheating and providing the false information should be imprisonment and charged with guilty
Under Summary Offences Act 1981, Criminal Act 1961, I the plaintiff claim for the person cheating and providing the false information should be imprisonment and charged with guilty.
As to why the plaintiff could claim for (a) Be reimbursed for the wages or other money that I have lost as a result of the false allegation and incident on 5 November and grievance, (C) Reinstate me my position in MSD or place me in a new position that is at least as advantageous to me as my old position, (D) Retrieve the dismissal
Under New Zealand Humans Rights Act I the plaintiff claim for the reinstate me my position in MSD or place me in a new position and retrieve the dismissal.
Based on the ground
On the 5th of November 2008 the defendant the Ministry of Social Development criminal abusing and offending to the plaintiff:
- The employees of the Ministry of Social Development Ms Katie Musk and Mr. Hamish McIntyre on the 5 of November 2008 made the false allegation, malicious prosecution, defamation and serious damage to the plaintiff;
(a) Unemployed, dismissed. Chinese student, being dismissed and hysterical, psychiatric suicidal, Violent Police must secure. (Evidence attached from NZ Police and Wellington Free Ambulance.)
(b) I am an assistant to the Minister. I am covertly recording the Minister’s private conversation for which I was immediately dismissed. Because I refused to hand back my computer access card, Police were called. (Evidence attached from Police Independence Complain Authority.)
(c) Unemployed, Trespass on the Ministry of Social Development, after being warned to leave that place by Hamish McIntyre, an occupier, neglected to do so. (Evidence attached from Wellington District Court and NZ Police.)
- The defendant the employee of the Ministry of Social Development Hamish McIntyre authorized the police to violently remove the plaintiff from my workplace, actually violently arrested the plaintiff with handcuffs for the charges of trespass and resisting arrest during I was a lawful employee of the Ministry.
- The defendant the Ministry of Social Development agreed the charges for trespass and resisting arrest during I was a lawful employee of the Ministry of Social Development when the police informed them 2 days later after the incident on the 5 of November 2009.
The defendant the above behaviors’ are in the breach of Summary Offences Act 1981, Criminal Act 1961, New Zealand Bill of Rights Act 1990, New Zealand Humans Rights Act, Defamation Act 1992, The Act of Torts: Deliberate Falsehoods, Defamation, Invasion of Privacy, Abuse of the legal procedure, Breach the Statutory Duty, Trespass Act, Employment Act.
During the proceedings of this case the defendant is again in repeating the breach, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the breach, or conduct of any similar kind specified under Human Rights 1993 and Illegal Contract Act 1970 and District Court Rule 1992 they provided and instructed the plaintiff to sign the illegal contract and an unlawful settlement of a complaint of the Deed of Settlement and Release.
The defendant even if they got noticed of is still repeating the breach of the District Court rules and didn’t comply with this proceeding and didn’t answer the interrogatories within the time stated in the plaintiff’ served them on date 16 August 2009 and 27 August 2009.
Based on the defendant be non-compliant party in this proceedings the plaintiff award the right for immediate conference and default judgment by the court.
Reference Act, Bills and Rules attached: ________________________________________________________________________
Section 5 of the District Courts Rules 1992 and the District Court document from Manukau, section District Court Rules 2009, Declaratory Judgments Act 1908 and Judicature Act 1908:
__________________________________________________________
Non Compliance, In the event of non compliance in the exchange of information and documentation, the solicitor for the non-defaulting party shall immediately seek a conference. In the absence of good reason to the contrary, peremptory orders requiring the offending party to remedy the default and pay appropriate costs will be made.
5 Non-compliance with rules
· (1) Where, in beginning or purporting to begin any proceeding or at any stage in the course of or in connection with any proceeding there has, by reason of any thing done or left undone, been a failure to comply with the requirements of these rules, whether in respect of time, place, manner, form, or content or in any other respect, the failure—
o (a) Shall be treated as an irregularity; and
o (b) Shall not nullify—
§ (i) The proceeding; or
§ (ii) Any step taken in the proceeding; or
§ (iii) Any document, judgment, or order in the proceeding.
(2) Subject to subclauses (3) and (4), the Court may, on the grounds that there has been such a failure as is mentioned in subclause (1), and on such terms as to costs or otherwise as it thinks just,—
o (a) Set aside, either wholly or in part,—
§ (i) The proceeding in which the failure occurred; or
§ (ii) Any step taken in the proceeding in which the failure occurred; or
§ (iii) Any document, judgment, or order in the proceeding in which the failure occurred; or
o (b) Exercise its powers under these rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the proceeding generally as it thinks fit.
(3) The Court shall not wholly set aside any proceeding or the originating process by which the proceeding was begun on the ground that the proceeding was required by these rules to be begun by an originating process other than the one employed.
(4) The Court shall not set aside any proceeding or any step taken in a proceeding or any document, judgment, or order in any proceeding on the ground of a failure to which subclause (1) applies on the application of any party unless the application is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.
Compare: SR 1948/197 r 8; High Court Rules, r 5; SR 1990/66 r 3
Judgment by default or on formal proof
2.39 Plaintiff may proceed to judgment if no response from defendant
· 2.39.1 A plaintiff who is pursuing a claim under rules 2.10 to 2.17 may proceed to judgment if the defendant does not, within the time allowed,—
o (a) serve on the plaintiff the defendant's response to the plaintiff’s notice of claim; or
o (b) serve on the plaintiff the defendant’s information capsule.
12.23 Interpretation
· In rules 12.24 to 12.35, unless the context otherwise requires, time allowed means—
o (a) the number of days stated in a plaintiff's notice of claim in which the defendant must serve a response or the number of days stated in a plaintiff's information capsule in which the defendant must serve the defendant's information capsule, as the case may be:
o (b) the number of days stated in a plaintiff's notice of proceeding in which the defendant must file a statement of defence.
_______________________________________________________________________
In order for the judge to decide the judgment for the case CIV-2009-092-1072 I the plaintiff summary the Act, Rules and Bills of NZ the defendant has been in breach of.
False allegation or report to Police
· Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000 who,—
o (a) Contrary to the fact and without a belief in the truth of the statement, makes or causes to be made to any Police employee any written or verbal statement alleging that an offence has been committed; or
o (b) With the intention of causing wasteful deployment, or of diverting deployment, of Police personnel or resources, or being reckless as to that result,—
§ (i) Makes a statement to any person that gives rise to serious apprehension for his own safety or the safety of any person or property, knowing that the statement is false; or
§ (ii) Behaves in a manner that is likely to give rise to such apprehension, knowing that such apprehension would be groundless.
Compare: 1935 No 29 s 4; 1967 No 154 s 2(2)
Section 24 was amended, as from 1 January 1998, by section 7 Summary Offences Amendment Act 1997 (1997 No 97) by substituting the expression “$2,000” for the expression “$1,000”.
Section 24(a): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
Search, Arrest, and Jurisdiction
39 Arrest
· (1) Any constable, and all persons whom he calls to his assistance, may arrest and take into custody without a warrant any person whom he has good cause to suspect of having committed an offence against any of the provisions of this Act except sections 17 to 20, 25, and 32 to 38.
(2) Any constable, and all persons whom he calls to his assistance, may arrest and take into custody without a warrant any person who, within his view, does any act that the constable reasonably believes constitutes an offence against any of sections 17 to 20, 25, and 32 to 38 of this Act and who fails to give his name and address on demand, or gives any such particulars that the constable reasonably believes to be false
· Every offence against this Act shall be punishable on summary conviction by a District Court presided over by a Judge.
2. Criminal Act 1961
9 Offences not to be punishable except under New Zealand
· No one shall be convicted of any offence at common law, or of any offence against any Act of the Parliament of England or the Parliament of Great Britain or the Parliament of the
Provided that—
o (a) nothing in this section shall limit or affect the power or authority of the House of Representatives or of any court to punish for contempt:
o (b) nothing in this section shall limit or affect the jurisdiction or powers of the Court Martial, or of any officer in any of the
Compare: 1908 No 32 s 5; Criminal Code (1954) s 8 (
10 Offence under more than 1 enactment
· (1) Where an act or omission constitutes an offence under this Act and under any other Act, the offender may be prosecuted and punished either under this Act or under that other Act.
(2) Where an act or omission constitutes an offence under 2 or more Acts other than this Act, the offender may be prosecuted and punished under any one of those Acts.
(3) Where an act or omission constitutes an offence under 2 or more provisions of this Act or of any other Act, the offender may be prosecuted and punished under any one of those provisions.
98A c) the commission of serious violent offences (within the meaning of section 312A(1)) that are punishable by imprisonment for a term of 10 years or more; or
107 Contravention of statute
· (1) Every one is liable to imprisonment for a term not exceeding 1 year who, without lawful excuse, contravenes any enactment by wilfully doing any act which it forbids, or by wilfully omitting to do any act which it requires to be done, unless—
o (a) some penalty or punishment is expressly provided by law in respect of such contravention as aforesaid; or
o (b) in the case of any such contravention in respect of which no penalty or punishment is so provided, the act forbidden or required to be done is solely of an administrative or a ministerial or procedural nature, or it is otherwise inconsistent with the intent and object of the enactment, or with its context, that the contravention should be regarded as an offence.
(2) Nothing in subsection (1) applies to any contravention of any Imperial enactment or Imperial subordinate legislation that is part of the laws of New Zealand, or to any omission to do any act which any such Imperial enactment or Imperial subordinate legislation requires to be done.
(3) In subsection (2), the terms Imperial enactment and Imperial subordinate legislation have the meanings given to them by section 2 of the Imperial Laws Application Act 1988.
Compare: 1908 No 32 s 129
108 Perjury defined
· (1) Perjury is an assertion as to a matter of fact, opinion, belief, or knowledge made by a witness in a judicial proceeding as part of his evidence on oath, whether the evidence is given in open court or by affidavit or otherwise, that assertion being known to the witness to be false and being intended by him to mislead the tribunal holding the proceeding.
(2) In this section the term oath includes an affirmation, and also includes a declaration made under section 13 of the Oaths and Declarations Act 1957.
(3) Every person is a witness within the meaning of this section who actually gives evidence, whether he is competent to be a witness or not, and whether his evidence is admissible or not.
(4) Every proceeding is judicial within the meaning of this section if it is held before any of the following tribunals, namely:
o (a) any court of justice:
o (b) the House of Representatives or any Committee of that House:
o (c) any arbitrator or umpire, or any person or body of persons authorised by law to make an inquiry and take evidence therein upon oath:
o (d) any legal tribunal by which any legal right or liability can be established:
o (e) any person acting as a court or tribunal having power to hold a judicial proceeding:
o (f) a disciplinary officer, the Summary Appeal Court of New Zealand, or the Court Martial of New Zealand acting under the Armed Forces Discipline Act 1971.
(5) Every such proceeding is judicial within the meaning of this section whether the tribunal was duly constituted or appointed or not, and whether the proceeding was duly instituted or not, and whether the proceeding was invalid or not.
Compare: 1908 No 32 s 130
Section 108(4)(f): substituted, on 1 July 2009, by section 81 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
109 Punishment of perjury
· (1) Except as provided in subsection (2), every one is liable to imprisonment for a term not exceeding 7 years who commits perjury.
(2) If perjury is committed in order to procure the conviction of a person for any offence for which the maximum punishment is not less than 3 years' imprisonment, the punishment may be imprisonment for a term not exceeding 14 years.
Compare: 1908 No 32 s 131
Section 109(2): amended, on 26 December 1989, by section 3(3) of the Abolition of the Death Penalty Act 1989 (1989 No 119).
110 False oaths
· Every one is liable to imprisonment for a term not exceeding 5 years who, being required or authorised by law to make any statement on oath or affirmation, thereupon makes a statement that would amount to perjury if made in a judicial proceeding.
111 False statements or declarations
· Every one is liable to imprisonment for a term not exceeding 3 years who, on any occasion on which he is required or permitted by law to make any statement or declaration before any officer or person authorised by law to take or receive it, or before any notary public to be certified by him as such notary, makes a statement or declaration that would amount to perjury if made on oath in a judicial proceeding.
115 Conspiring to bring false accusation
· Every one who conspires to prosecute any person for any alleged offence, knowing that person to be innocent thereof, is liable—
o (a) to imprisonment for a term not exceeding 14 years if that person might, on conviction of the alleged offence, be sentenced to preventive detention, or to imprisonment for a term of 3 years or more:
o (b) to imprisonment for a term not exceeding 7 years if that person might, on conviction of the alleged offence, be sentenced to imprisonment for a term less than 3 years.
Compare: 1908 No 32 s 136
Section 115(a): amended, on 26 December 1989, by section 3(4) of the Abolition of the Death Penalty Act 1989 (1989 No 119).
3.
9 Right not to be subjected to torture or cruel treatment
· Everyone has the right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment.
19 Freedom from discrimination
· (1) Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993.
(2) Measures taken in good faith for the purpose of assisting or advancing persons or groups of persons disadvantaged because of discrimination that is unlawful by virtue of Part 2 of the Human Rights Act 1993 do not constitute discrimination.
This section was substituted, as from 1 February 1994, by section 145 Human Rights Act 1993 (1993 No 82).
Search, arrest, and detention
21 Unreasonable search and seizure
· Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise.
22 Liberty
· Everyone has the right not to be arbitrarily arrested or detained.
27 Right to justice
· (1) Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law.
(2) Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.
(3) Every person has the right to bring civil proceedings against, and to defend civil proceedings brought by, the Crown, and to have those proceedings heard, according to law, in the same way as civil proceedings between individuals.
4. Human Rights Act 1993
Part 1A
Discrimination by Government, related persons and bodies, or persons or bodies acting with legal authority
Part 2
Unlawful discrimination
Discrimination in employment matters
22 Employment
· (1) Where an applicant for employment or an employee is qualified for work of any description, it shall be unlawful for an employer, or any person acting or purporting to act on behalf of an employer,—
o (a) To refuse or omit to employ the applicant on work of that description which is available; or
o (b) To offer or afford the applicant or the employee less favourable terms of employment, conditions of work, superannuation or other fringe benefits, and opportunities for training, promotion, and transfer than are made available to applicants or employees of the same or substantially similar capabilities employed in the same or substantially similar circumstances on work of that description; or
o (c) To terminate the employment of the employee, or subject the employee to any detriment, in circumstances in which the employment of other employees employed on work of that description would not be terminated, or in which other employees employed on work of that description would not be subjected to such detriment; or
o (d) To retire the employee, or to require or cause the employee to retire or resign,—
by reason of any of the prohibited grounds of discrimination.
(2) It shall be unlawful for any person concerned with procuring employment for other persons or procuring employees for any employer to treat any person seeking employment differently from other persons in the same or substantially similar circumstances by reason of any of the prohibited grounds of discrimination.
Compare: 1977 No 49 s 15(1), (2); 1992 No 16 s 3
27 Exceptions in relation to authenticity and privacy
· (1) Nothing in section 22 of this Act shall prevent different treatment based on sex or age where, for reasons of authenticity, being of a particular sex or age is a genuine occupational qualification for the position or employment.
(2) Nothing in section 22 of this Act shall prevent different treatment based on sex, religious or ethical belief, disability, age, political opinion, or sexual orientation where the position is one of domestic employment in a private household.
(3) Nothing in section 22 of this Act shall prevent different treatment based on sex where—
o (a) The position needs to be held by one sex to preserve reasonable standards of privacy; or
o (b) The nature or location of the employment makes it impracticable for the employee to live elsewhere than in premises provided by the employer, and—
§ (i) The only premises available (being premises in which more than one employee is required to sleep) are not equipped with separate sleeping accommodation for each sex; and
§ (ii) It is not reasonable to expect the employer to equip those premises with separate accommodation, or to provide separate premises, for each sex.
(4) Nothing in section 22 of this Act shall prevent different treatment based on sex, race, ethnic or national origins, or sexual orientation where the position is that of a counsellor on highly personal matters such as sexual matters or the prevention of violence.
(5) Where, as a term or condition of employment, a position ordinarily obliges or qualifies the holder of that position to live in premises provided by the employer, the employer does not commit a breach of section 22 of this Act by omitting to apply that term or condition in respect of employees of a particular sex or marital status if in all the circumstances it is not reasonably practicable for the employer to do so.
Compare: 1977 No 49 ss 15(3), 15A(1)(a); 1992 No 16 s 4
Discrimination in access to places, vehicles, and facilities
42 Access by the public to places, vehicles, and facilities
· (1) It shall be unlawful for any person—
o (a) To refuse to allow any other person access to or use of any place or vehicle which members of the public are entitled or allowed to enter or use; or
o (b) To refuse any other person the use of any facilities in that place or vehicle which are available to members of the public; or
o (c) To require any other person to leave or cease to use that place or vehicle or those facilities,—
by reason of any of the prohibited grounds of discrimination.
(2) In this section the term vehicle includes a vessel, an aircraft, or a hovercraft.
Compare: 1977 No 49 s 23(1), (3)
Discrimination in provision of land, housing, and other accommodation
53 Land, housing, and other accommodation
· (1) It shall be unlawful for any person, on his or her own behalf or on behalf or purported behalf of any principal,—
o (a) To refuse or fail to dispose of any estate or interest in land or any residential or business accommodation to any other person; or
o (b) To dispose of such an estate or interest or such accommodation to any person on less favourable terms and conditions than are or would be offered to other persons; or
o (c) To treat any person who is seeking to acquire or has acquired such an estate or interest or such accommodation differently from other persons in the same circumstances; or
o (d) To deny any person, directly or indirectly, the right to occupy any land or any residential or business accommodation; or
o (e) To terminate any estate or interest in land or the right of any person to occupy any land or any residential or business accommodation,—
by reason of any of the prohibited grounds of discrimination.
(2) It shall be unlawful for any person, on his or her own behalf or on behalf or purported behalf of any principal, to impose or seek to impose on any other person any term or condition which limits, by reference to any of the prohibited grounds of discrimination, the persons or class of persons who may be the licensees or invitees of the occupier of any land or any residential or business accommodation.
Compare: 1977 No 49 s 25(1), (2)
63 Racial harassment
· (1) It shall be unlawful for any person to use language (whether written or spoken), or visual material, or physical behaviour that—
o (a) Expresses hostility against, or brings into contempt or ridicule, any other person on the ground of the colour, race, or ethnic or national origins of that person; and
o (b) Is hurtful or offensive to that other person (whether or not that is conveyed to the first-mentioned person); and
o (c) Is either repeated, or of such a significant nature, that it has a detrimental effect on that other person in respect of any of the areas to which this subsection is applied by subsection (2) of this section.
(2) The areas to which subsection (1) of this section applies are—
o (a) The making of an application for employment:
o (b) Employment, which term includes unpaid work:
o (c) Participation in, or the making of an application for participation in, a partnership:
o (d) Membership, or the making of an application for membership, of an industrial union or professional or trade association:
o (e) Access to any approval, authorisation, or qualification:
o (f) Vocational training, or the making of an application for vocational training:
o (g) Access to places, vehicles, and facilities:
o (h) Access to goods and services:
o (i) Access to land, housing, or other accommodation:
o (j) Education.
65 Indirect discrimination
· Where any conduct, practice, requirement, or condition that is not apparently in contravention of any provision of this Part of this Act has the effect of treating a person or group of persons differently on one of the prohibited grounds of discrimination in a situation where such treatment would be unlawful under any provision of this Part of this Act other than this section, that conduct, practice, condition, or requirement shall be unlawful under that provision unless the person whose conduct or practice is in issue, or who imposes the condition or requirement, establishes good reason for it.
Compare: 1977 No 49 s 27; 1992 No 16 s 12
83 Settlement
· (1) This section applies if at any time it appears to the Commission from a complaint (including one referred back to the Commission by the Director, under section 90(1)(b), or the Tribunal, under section 92D), or from information gathered in relation to the complaint (including any response made under section 81(4)(b)), that it may be possible to reach a settlement.
(2) The Commission must use its best endeavours to assist the parties to secure a settlement.
(3) In this section, settlement—
o (a) means the agreement of the parties concerned on actions that settle the matter, which may include the payment of compensation or the tendering of an apology; and
o (b) includes a satisfactory assurance by the person to whom the complaint relates against the repetition of the conduct that was the subject matter of the complaint or against further conduct of a similar kind.
Sections 75 to 92 were substituted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
Remedies
92I Remedies
· (1) This section is subject to sections 92J and 92K (which relate to the only remedy that may be granted by the Tribunal if it finds that an enactment is in breach of Part 1A).
(2) In proceedings before the Human Rights Review Tribunal brought under section 92B(1) or (4) or section 92E, the plaintiff may seek any of the remedies described in subsection (3) that the plaintiff thinks fit.
(3) If, in proceedings referred to in subsection (2), the Tribunal is satisfied on the balance of probabilities that the defendant has committed a breach of Part 1A or Part 2 or the terms of a settlement of a complaint, the Tribunal may grant 1 or more of the following remedies:
o (a) a declaration that the defendant has committed a breach of Part 1A or Part 2 or the terms of a settlement of a complaint:
o (b) an order restraining the defendant from continuing or repeating the breach, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the breach, or conduct of any similar kind specified in the order:
o (c) damages in accordance with sections 92M to 92O:
o (d) an order that the defendant perform any acts specified in the order with a view to redressing any loss or damage suffered by the complainant or, as the case may be, the aggrieved person as a result of the breach:
o (e) a declaration that any contract entered into or performed in contravention of any provision of Part 1A or Part 2 is an illegal contract:
o (f) an order that the defendant undertake any specified training or any other programme, or implement any specified policy or programme, in order to assist or enable the defendant to comply with the provisions of this Act:
o (g) relief in accordance with the Illegal Contracts Act 1970 in respect of any such contract to which the defendant and the complainant or, as the case may be, the aggrieved person are parties:
o (h) any other relief the Tribunal thinks fit.
(4) It is no defence to proceedings referred to in subsection (2) or subsection (5) that the breach was unintentional or without negligence on the part of the party against whom the complaint was made, but, subject to section 92P, the Tribunal must take the conduct of the parties into account in deciding what, if any, remedy to grant.
(5) In proceedings before the Human Rights Review Tribunal brought, under section 92B(3), by the person against whom a complaint was made, that person may seek a declaration that he or she has not committed a breach of Part 1A or Part 2.
Compare: 1977 No 49 s 38(5), (6), (8); 1983 No 56 s 12(3)
Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
92J Remedy for enactments in breach of Part 1A
· (1) If, in proceedings before the Human Rights Review Tribunal, the Tribunal finds that an enactment is in breach of Part 1A, the only remedy that the Tribunal may grant is the declaration referred to in subsection (2).
(2) The declaration that may be granted by the Tribunal, if subsection (1) applies, is a declaration that the enactment that is the subject of the finding is inconsistent with the right to freedom from discrimination affirmed by section 19 of the New Zealand Bill of Rights Act 1990.
(3) The Tribunal may not grant a declaration under subsection (2) unless that decision has the support of all or a majority of the members of the Tribunal.
(4) Nothing in this section affects the New Zealand Bill of Rights Act 1990.
Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
92K Effect of declaration
· (1) A declaration under section 92J does not—
o (a) affect the validity, application, or enforcement of the enactment in respect of which it is given; or
o (b) prevent the continuation of the act, omission, policy, or activity that was the subject of the complaint.
(2) If a declaration is made under section 92J and that declaration is not overturned on appeal or the time for lodging an appeal expires, the Minister for the time being responsible for the administration of the enactment must present to the House of Representatives—
o (a) a report bringing the declaration to the attention of the House of Representatives; and
o (b) a report containing advice on the Government's response to the declaration.
(3) The Minister referred to in subsection (2) must carry out the duties imposed on the Minister by that subsection within 120 days of the date of disposal of all appeals against the granting of the declaration or, if no appeal is lodged, the date when the time for lodging an appeal expires.
Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
92L Costs
· (1) In any proceedings under section 92B or section 92E or section 97, the Tribunal may make any award as to costs that it thinks fit, whether or not it grants any other remedy.
(2) Without limiting the matters that the Tribunal may consider in determining whether to make an award of costs under this section, the Tribunal may take into account whether, and to what extent, any party to the proceedings—
o (a) has participated in good faith in the process of information gathering by the Commission:
o (b) has facilitated or obstructed that information-gathering process:
o (c) has acted in a manner that facilitated the resolution of the issues that were the subject of the proceedings.
Compare: 1977 No 49 s 38(7); 1983 No 56 s 12(4)
Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
Damages
· (1) In any proceedings under section 92B(1) or (4) or section 92E, the Tribunal may award damages against the defendant for a breach of Part 1A or Part 2 or the terms of a settlement of a complaint in respect of any 1 or more of the following:
o (a) pecuniary loss suffered as a result of, and expenses reasonably incurred by the complainant or, as the case may be, the aggrieved person for the purpose of, the transaction or activity out of which the breach arose:
o (b) loss of any benefit, whether or not of a monetary kind, that the complainant or, as the case may be, the aggrieved person might reasonably have been expected to obtain but for the breach:
o (c) humiliation, loss of dignity, and injury to the feelings of the complainant or, as the case may be, the aggrieved person.
(2) This section applies subject to sections 92J, 92N, and 92O of this Act and to subpart 1 of Part 2 of the Prisoners' and Victims' Claims Act 2005.
Compare: 1977 No 49 s 40(1)
Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
Subsection (2) was amended, as from 4 June 2005, by section 65 Prisoners’ and Victims’ Claims Act 2005 (2005 No 74) by inserting “of this Act and to subpart 1 of Part 2 of the Prisoners' and Victims' Claims Act 2005” after “92O”.
92N Directions as to payment of damages in certain cases
· (1) If the plaintiff is a minor who is not married or in a civil union, the Tribunal may, in its discretion, direct the defendant to pay damages awarded under section 92M to Public Trust or to a person or trustee corporation acting as the manager of any property of the plaintiff.
(2) If the plaintiff is a mentally disordered person within the meaning of section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 whose property is not being managed under the Protection of Personal and Property Rights Act 1988, but who lacks, in the opinion of the Tribunal, the mental capacity to manage his or her own affairs in relation to his or her own property, the Tribunal may, in its discretion, direct the defendant to pay damages awarded under section 92M to Public Trust.
(3) If the plaintiff is a person whose property is being managed under the Protection of Personal and Property Rights Act 1988, the Tribunal must ascertain whether the terms of the property order cover management of money received as damages and,—
o (a) if damages fall within the terms of the property order, the Tribunal must direct the defendant to pay damages awarded under section 92M to the person or trustee corporation acting as the property manager; or
o (b) if damages do not fall within the terms of the property order, the Tribunal may, in its discretion, direct the defendant to pay damages awarded under section 92M to Public Trust.
(4) If money is paid to Public Trust under any of subsections (1) to (3),—
o (a) section 12 of the Minors' Contracts Act 1969 applies in the case of a minor who is not married or in a civil union; and
o (b) sections 108D, 108F, and 108G of the Protection of Personal and Property Rights Act 1988 apply, with any necessary modifications, in the case of a person referred to in subsection (2) or subsection (3)(b) of this section; and
o (c) section 108E of the Protection of Personal and Property Rights Act 1988 applies, with any necessary modifications, in the case of a person referred to in subsection (3)(a) of this section.
Compare: 1977 No 49 s 40; 1983 No 56 s 14(2)
Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
Subsection (1) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting “Public Trust” for “the Public Trustee”. See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
Subsection (1) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting “a minor who is not married or in a civil union” for “an unmarried minor”.
Subsection (2) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting “Public Trust” for “the Public Trustee”. See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
Subsection (3)(b) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting “Public Trust” for “the Public Trustee”. See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
Subsection (4) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting “Public Trust” for “the Public Trustee”. See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
Subsection (4)(a) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting “a minor who is not married or in a civil union” for “an unmarried minor”.
Subsection (4)(b) was substituted, and subsection (4)(c) was inserted, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100). See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
92O Tribunal may defer or modify remedies for breach of Part 1A or Part 2 or terms of settlement
· (1) If, in any proceedings under this Part, the Tribunal determines that an act or omission is in breach of Part 1A or Part 2 or the terms of a settlement of a complaint, it may, on the application of any party to the proceedings, take 1 or more of the actions stated in subsection (2).
(2) The actions are,—
o (a) instead of, or as well as, awarding damages or granting any other remedy,—
§ (i) to specify a period during which the defendant must remedy the breach; and
§ (ii) to adjourn the proceedings to a specified date to enable further consideration of the remedies or further remedies (if any) to be granted:
o (b) to refuse to grant any remedy that has retrospective effect:
o (c) to refuse to grant any remedy in respect of an act or omission that occurred before the bringing of proceedings or the date of the determination of the Tribunal or any other date specified by the Tribunal:
o (d) to provide that any remedy granted has effect only prospectively or only from a date specified by the Tribunal:
o (e) to provide that the retrospective effect of any remedy is limited in a way specified by the Tribunal.
Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
92P Matters to be taken into account in exercising powers given by section 92O
· (1) In determining whether to take 1 or more of the actions referred to in section 92O, the Tribunal must take account of the following matters:
o (a) whether or not the defendant in the proceedings has acted in good faith:
o (b) whether or not the interests of any person or body not represented in the proceedings would be adversely affected if 1 or more of the actions referred to in section 92O is, or is not, taken:
o (c) whether or not the proceedings involve a significant issue that has not previously been considered by the Tribunal:
o (d) the social and financial implications of granting any remedy sought by the plaintiff:
o (e) the significance of the loss or harm suffered by any person as a result of the breach of Part 1A or Part 2 or the terms of a settlement of a complaint:
o (f) the public interest generally:
o (g) any other matter that the Tribunal considers relevant.
(2) If the Tribunal finds that an act or omission is in breach of Part 1A or that an act or omission by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990 is in breach of Part 2, in determining whether to take 1 or more of the actions referred to in section 92O, the Tribunal must, in addition to the matters specified in subsection (1), take account of—
o (a) the requirements of fair public administration; and
o (b) the obligation of the Government to balance competing demands for the expenditure of public money.
Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
108B Submissions in relation to remedies
· (1) Before the Tribunal grants any remedy under Part 3, it must give the parties to the proceedings and, if the remedy under consideration is a declaration under section 92J, the Attorney-General, an opportunity to make submissions on—
o (a) the implications of granting that remedy; and
o (b) the appropriateness of that remedy.
(2) Subsection (1) does not limit any provision in Part 3 or section 108.
Sections 108A and 108B were inserted, as from 1 January 2002, by section 21 Human Rights Amendment Act 2001 (2001 No 96).
113 Non-attendance or refusal to co-operate
· (1) Every person commits an offence who, after being summoned to attend to give evidence before the Tribunal or to produce to the Tribunal any papers, documents, records, or things, without sufficient cause,—
o (a) Fails to attend in accordance with the summons; or
o (b) Refuses to be sworn or to give evidence, or, having been sworn, refuses to answer any question that the person is lawfully required by the Tribunal or any member of it to answer concerning the proceedings; or
o (c) Fails to produce any such paper, document, record, or thing.
(2) Every person who commits an offence against subsection (1) of this section is liable on summary conviction to a fine not exceeding $1,500.
(3) No person summoned to attend before a Tribunal shall be convicted of an offence against subsection (1) of this section unless there was tendered or paid to that person travelling expenses in accordance with section 111 of this Act.
121 Enforcement
· (1) The following orders made by the Tribunal may, on registration of a certified copy in the District Court, be enforced in all respects as if they were an order of that Court:
o (a) an order for the award of costs under section 92L; and
o (b) an order for the award of damages under section 92M; and
o (c) an interim order under section 95.
(2) Every person commits an offence and is liable on summary conviction to a fine not exceeding $5,000 who contravenes or refuses to comply with any other order of the Tribunal made under section 92I or an interim order of the Tribunal made under section 95.
Compare: 1977 No 49 s 61
Subsection (1) was substituted, as from 1 January 2002, by section 25(1) Human Rights Amendment Act 2001 (2001 No 96).
Subsection (2) was amended, as from 1 January 2002, by section 25(2) Human Rights Amendment Act 2001 (2001 No 96) by substituting “section 92I or an interim order of the Tribunal made under section 95” for “section 86 of this Act”.
No prosecution without Attorney-General's consent
· No prosecution for an offence against section 134 of this Act shall be instituted without the consent of the Attorney-General.
Compare: 1971 No 150 s 26
143 Offences
· Every person commits an offence against this Act and is liable on summary conviction to a fine not exceeding $3,000 who—
o (a) Without lawful justification or excuse, wilfully obstructs, hinders, or resists the Commission or a Commissioner or any other person in the exercise of its or his or her powers under this Act:
o (b) Without lawful justification or excuse, refuses or wilfully fails to comply with any lawful requirement of the Commission or a Commissioner or any other person under this Act:
o (c) Makes any false statement knowing it to be false or intentionally misleads or attempts to mislead the Commission or a Commissioner or any other person in the exercise of its or his or her powers under this Act.
Compare: 1971 No 150 s 29; 1977 No 49 s 84
153 Savings
· (1) Nothing in this Act affects the right to bring any proceedings, whether civil or criminal, that may be brought other than under this Act, but, in assessing any damages to be awarded to or on behalf of any person under this Act or otherwise, a Court must take account of any damages already awarded to or on behalf of that person in respect of the same cause of action.
(2) Subject to the Illegal Contracts Act 1970, no proceedings, Civil or criminal, shall lie against any person, except as provided by this Act, in respect of any act or omission which is unlawful by virtue only of any of the provisions of Part 2 of this Act.
(3) Nothing in this Act shall affect any enactment or rule of law, or any policy or administrative practice of the Government of New Zealand, that—
o (a) [Repealed]
o (b) Distinguishes between
5. Trespass Act 1980
Occupier, in relation to any place or land, means any person in lawful occupation of that place or land; and includes any employee or other person acting under the authority of any person in lawful occupation of that place or land
11 Offences and penalties
· (1) Every offence against this Act shall be punishable on summary conviction.
(2) Every person who commits an offence against this Act shall be liable on conviction—
o (a) In the case of an offence against section 3 or section 4 or section 12 of this Act, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months:
o (b) In the case of an offence against section 6(a) or section 7 of this Act, to a fine not exceeding $300 or to imprisonment for a term not exceeding 1 month:
o (c) In the case of an offence against section 6(b) of this Act, to a fine not exceeding $500 or to imprisonment for a term not exceeding 1 month:
o (d) In the case of an offence against section 8 of this Act, to a fine not exceeding $200:
o (e) In the case of an offence against section 9 of this Act, to a fine not exceeding $500.
13 Savings
· Nothing in this Act shall derogate from anything that any person is authorised to do by or under any other enactment or by law, or restrict the provisions of any of the following enactments and instruments:
6. Defamation Act 1992
Part 1
Causes of action
4 Defamation actionable without proof of special damage
· In proceedings for defamation, it is not necessary to allege or prove special damage.
Compare: 1954 No 46 s 4(1)
5 Malicious falsehood actionable without proof of special damage
· In proceedings for slander of title, slander of goods, or other malicious falsehood, it is not necessary to allege or prove special damage if the publication of the matter that is the subject of the proceedings is likely to cause pecuniary loss to the plaintiff.
Compare: 1954 No 46 s 5(1)
6 Proceedings for defamation brought by body corporate
· Proceedings for defamation brought by a body corporate shall fail unless the body corporate alleges and proves that the publication of the matter that is the subject of the proceedings—
o (a) Has caused pecuniary loss; or
o (b) Is likely to cause pecuniary loss—
to that body corporate.
Part 3
Remedies
24 Declarations
· (1) In any proceedings for defamation, the plaintiff may seek a declaration that the defendant is liable to the plaintiff in defamation.
(2) Where, in any proceedings for defamation,—
o (a) The plaintiff seeks only a declaration and costs; and
o (b) The Court makes the declaration sought,—
the plaintiff shall be awarded solicitor and client costs against the defendant in the proceedings, unless the Court orders otherwise.
25 Retraction or reply
· (1) Any person who claims to have been defamed by any matter published in a news medium may, not later than 5 working days after that person becomes aware of the publication of that matter in that news medium, request the person who was responsible for the publication of that matter to publish, in the same medium as the publication complained of, with substantially similar prominence, and without undue delay,—
o (a) A retraction of the matter in so far as it includes or consists of statements of fact; or
o (b) A reasonable reply.
(2) Where, in response to a request made under subsection (1) of this section, a person agrees to publish a retraction or a reply, that person shall also offer to pay to the person who made the request (in this subsection referred to as the requester),—
o (a) Where it is agreed to publish a reply, the cost of publishing that reply; and
o (b) The solicitor and client costs incurred by the requester in connection with the publication of the retraction or reply; and
o (c) All other expenses reasonably incurred by the requester in connection with the publication complained of; and
o (d) Compensation for any pecuniary loss suffered by the requester as a direct result of the publication complained of.
(3) In this section, reply means a statement of explanation or rebuttal, or of both explanation and rebuttal.
26 Court may recommend correction
· (1) In any proceedings for defamation, the plaintiff may seek a recommendation from the Court that the defendant publish or cause to be published a correction of the matter that is the subject of the proceedings, and the Court may make such a recommendation.
(2) Where, in any proceedings for defamation,—
o (a) The Court recommends that the defendant publish or cause to be published a correction of the matter that is the subject of the proceedings; and
o (b) The defendant publishes or causes to be published a correction in accordance with the terms of that recommendation,—
then—
o (c) The plaintiff shall be awarded solicitor and client costs against the defendant in the proceedings, unless the Court orders otherwise; and
o (d) The plaintiff shall be entitled to no other relief or remedy against that defendant in those proceedings; and
o (e) The proceedings, so far as they relate to that defendant, shall be deemed to be finally determined by virtue of this section.
(3) Where, in any proceedings for defamation,—
o (a) The Court recommends that the defendant publish or cause to be published a correction of the matter that is the subject of the proceedings; and
o (b) The defendant fails to publish or cause to be published a correction in accordance with the terms of that recommendation,—
then, if the Court gives final judgment in favour of the plaintiff in those proceedings,—
o (c) That failure shall be taken into account in the assessment of any damages awarded against the defendant; and
o (d) The plaintiff shall be awarded solicitor and client costs against the defendant in the proceedings, unless the Court orders otherwise.
27 Court may make recommendations as to content, etc, of correction
· (1) In recommending, pursuant to section 26(1) of this Act, the publication of a correction, a Court may include recommendations relating to—
o (a) The content of the correction:
o (b) The time of publication of the correction:
o (c) The prominence to be given to the correction in the particular medium in which it is published.
(2) In making any recommendation under subsection (1) of this section, the Court shall have regard—
o (a) To the context and circumstances in which the matter that is the subject of the proceedings was published, including the manner and extent of publication; and
o (b) In the case of matter published in a periodical, or in the course of a regular activity or presentation (including a radio or television programme), to the proper interest of the defendant in maintaining the style and character of the periodical, activity, or presentation.
28 Punitive damages
· In any proceedings for defamation, punitive damages may be awarded against a defendant only where that defendant has a
7. The Act of Torts:
Deliberate Falsehoods,
Invasion of Privacy
Abuse of the legal procedure
Breach the Statutory Duty
8. Illegal Contracts Act 1970
3 Illegal contract defined
· Subject to section 5 of this Act, for the purposes of this Act the term illegal contract means any contract governed by New Zealand law that is illegal at law or in equity, whether the illegality arises from the creation or performance of the contract; and includes a contract which contains an illegal provision, whether that provision is severable or not.
Section 3 was amended, as from 19 December 2002, by section 4 Illegal Contracts Amendment Act 2002 (2002 No 82) by inserting the words “governed by New Zealand law” after the words “means any contract”.
5 Breach of enactment
· A contract lawfully entered into shall not become illegal or unenforceable by any party by reason of the fact that its performance is in breach of any enactment, unless the enactment expressly so provides or its object clearly so requires.
6 Illegal contracts to be of no effect
· (1) Notwithstanding any rule of law or equity to the contrary, but subject to the provisions of this Act and of any other enactment, every illegal contract shall be of no effect and no person shall become entitled to any property under a disposition made by or pursuant to any such contract:
Provided that nothing in this section shall invalidate—
o (a) Any disposition of property by a party to an illegal contract for valuable consideration; or
o (b) Any disposition of property made by or through a person who became entitled to the property under a disposition to which paragraph (a) of this proviso applies—
if the person to whom the disposition was made was not a party to the illegal contract and had not at the time of the disposition notice that the property was the subject of, or the whole or part of the consideration for, an illegal contract and otherwise acts in good faith.
(2) In this section, disposition means—
o (a) any conveyance, transfer, assignment, settlement, delivery, payment, or other alienation of property, whether at law or in equity:
o (b) the creation of a trust:
o (c) the grant or creation of any lease, mortgage, charge, servitude, licence, power, or other right, estate, or interest in or over any property, whether at law or in equity:
o (d) the release, discharge, surrender, forfeiture, or abandonment, at law or in equity, of any debt, contract, or thing in action, or of any right, power, estate, or interest in or over any property; and for this purpose a debt, or any other right, estate, or interest, shall be deemed to have been released or surrendered when it has become irrecoverable or unenforceable by action through the lapse of time:
o (e) the exercise of a general power of appointment in favour of any person other than the donee of the power:
o (f) any transaction entered into by any person with intent thereby to diminish, directly or indirectly, the value of that person's own estate and to increase the value of the estate of any other person.
Section 6(2): substituted, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55).
7 Court may grant relief
· (1) Notwithstanding the provisions of section 6 of this Act, but subject to the express provisions of any other enactment, the Court may in the course of any proceedings, or on application made for the purpose, grant to—
o (a) Any party to an illegal contract; or
o (b) Any party to a contract who is disqualified from enforcing it by reason of the commission of an illegal act in the course of its performance; or
o (c) Any person claiming through or under any such party—
such relief by way of restitution, compensation, variation of the contract, validation of the contract in whole or part or for any particular purpose, or otherwise howsoever as the Court in its discretion thinks just.
(2) An application under subsection (1) of this section may be made by—
o (a) Any person to whom the Court may grant relief pursuant to subsection (1) of this section; or
o (b) Any other person where it is material for that person to know whether relief will be granted under that subsection.
(3) In considering whether to grant relief under subsection (1) of this section, and the nature and extent of any relief to be granted, the Court shall have regard to—
o (a) The conduct of the parties; and
o (b) In the case of a breach of an enactment, the object of the enactment and the gravity of the penalty expressly provided for any breach thereof; and
o (c) Such other matters as it thinks proper,—
but shall not grant relief if it considers that to do so would not be in the public interest.
(4) The Court may make an order under subsection (1) of this section notwithstanding that the person granted relief entered into the contract or committed an unlawful act or unlawfully omitted to do an act with knowledge of the facts or law giving rise to the illegality, but the Court shall take such knowledge into account in exercising its discretion under that subsection.
(5) The Court may by any order made under subsection (1) of this section vest any property that was the subject of, or the whole or part of the consideration for, an illegal contract in any party to the proceedings or may direct any such party to transfer or assign any such property to any other party to the proceedings.
(6) Any order made under subsection (1) of this section, or any provision of any such order, may be made upon and subject to such terms and conditions as the Court thinks fit.
(7) Subject to the express provisions of any other enactment, no Court shall, in respect of any illegal contract, grant relief to any person otherwise than in accordance with the provisions of this Act.
Subsection (3) was amended, as from 19 December 2002, by section 5 Illegal Contracts Amendment Act 2002 (2002 No 82) by inserting the words “, and the nature and extent of any relief to be granted,” after the words “under subsection (1) of this section”.
Jurisdiction of District Courts
· [Repealed]
The words “District Court” were substituted, as from 1 April 1980, for the words “Magistrate's Court” pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).
Subsection (1)(b) was amended, as from 1 April 1980, by section 16(1) District Courts Amendment Act 1979 (1979 No 125) by substituting the expression “$12,000” for the expression “$2,000”.
Subsection (1)(b) was amended, as from 13 November 1989, by section 10(1) District Courts Amendment Act 1989 (1989 No 107) by substituting the expression “$50,000” for the expression “$12,000”.
Subsection (1)(b) was amended, as from 1 July 1992, by section 19(1) District Courts Amendment Act 1991 (1991 No 61) by substituting the expression “$200,000” for the expression “$50,000”.
In subsections (1)(c) and (2) the references to the District Courts Act 1947 were amended, as from 1 April 1980, by substituting the word “District” for the word “Magistrates'” pursuant to section 2(3) District Courts Amendment Act 1979 (1979 No 125).
Sections 9 and 9A were repealed, as from 19 December 2002, by section 6 Illegal Contracts Amendment Act 2002 (2002 No 82).
9. District Court 1992 and 2009
UPON THE GROUNDS:
This application is made in reliance and under
Defamation Act 1992
Summary Offences Act 1981
Criminal Act 1961
Trespass Act
The Act of Torts:
Deliberate Falsehoods,
Defamation
Invasion of Privacy
Abuse of the legal procedure
Breach the Statutory Duty
7 September 2009
TO: The Registrar of the District Court Manukau Auckland
AND TO: The Defendant
