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1. Memorandum of Counsel for Guardians of the Bays Incorporated (dated 16 March 2018) [pdf, 119 KB]

   ...application and direct referred proceeding in light of the knowledge that the Director’s decision was under challenge and could always have been set aside. WIAL could have resolved to not make its consent application until ALPA’s challenge (and any appeals) were resolved but it did not do so. Its actions have put all parties in the current difficult situation where they have had to invest considerable time, effort and, in many cases, funds – but without any idea now when, or...

2. [2017] NZEmpC 31 Ratu v AFFCO NZ Ltd [pdf, 98 KB]

   ...discretion was exercised in favour of the applicants. In the King Salmon case Judge Ford declined the application on the basis that he was not persuaded that there was no guiding authority on the issue raised as it had been considered by the Court of Appeal. In addition, in that case, he considered that the factual situation was relatively complex and more eminently suited to an investigation by the Authority. [13] In deciding this matter and in particular the first two issues r...

3. The Ngati Paoa Trust Board v Attorney General - Waiheke Station (2021) 222 Waikato Maniapoto MB 262 (222 WMN 262) [pdf, 192 KB]

   ...confident that my connection with counsel will not affect my impartiality. 222 Waikato Maniapoto MB 268 Whakataunga Decision [16] I decline to recuse myself from hearing this application. [17] I am mindful that the applicant may wish to appeal this decision, so I issue it as a preliminary determination (rather than a Court minute) with appeal rights per s 59 of the Act. I whakapuaki i te 12.00 pm i Te Whanganui-a-Tara, toru tekau mā tahi o ngā rā o Haratua te...

4. Bristol - Rangipo North 8 (2006) 178 Aotea MB 80 (178 AOT 80) [pdf, 405 KB]

   ...rehearing, the Court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by afinal order of the Court. [(7)Subsection (6) applies, with the necessary modifications, to appeals to the High Court under section...

5. Rolleston - Allotment 154D5B2 Parish of Te Puna (2005) 80 Tauranga MB 144 (80 T 144) [pdf, 360 KB]

   ...partition General land. If the matter was to be taken further I indicated that I would prefer to give a reserved decision on that preliminary point. Counsel then received further instructions from his clients to the effect that they were inclined to appeal, treating the matter as a test case. That being the situation I indicated that I would do a reserved decision. In order to ensure that the formalities were adhered to, the applicant filed an application for partition on 8 February...

6. [2017] NZEnvC 131 Lau v Auckland Council [pdf, 3 MB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC 131 of the Resource Management Act 1991 of an appeal pursuant to s 321 of the Act EE KUOH (AUGUSTINE) LAU (ENV-2016-AKL-251 ) Third Respondent First Applicant AUCKLAND COUNCIL Respondent Court: Environment Judge JA Smith Hearing: At Auckland , 16 August 2017 Appearances: Mr DJ Collins for Auckland Council Mr Lau for himself Date of Decision: 16 August 2017 Date of Issue: 21...

7. Martin Te Kaha 45B2 (2007) 95 Opotiki MB 108 (95 OPO 108) [pdf, 361 KB]

   ...That roadway is colloquially known as a "Maori roadway." But Parekura Hei Road it is Maori freehold land held as a separate title by the owners, their heirs successors of some of the original Te Kaha blocks. (See In Re Parekura Rei Road (Appeal No 2003/05) 10 Waiariki Appellate MB 253) [2] The two families who own Te Kaha 45B2 block want to sub-divide and obtain freehold titles for their individual halves of that block: • Lot 1 and a half share of Lot 5 to be owned by th...

8. BORA Maritime Transport Amendment Bill [pdf, 185 KB]

   ...reasonable and proportionate. 21. The Bill also provides further checks in respect of Director testing. Section 40ZC(2)(b) provides for Director testing to be carried out only in reasonable circumstances. Workers selected for testing have a right to appeal the decision to test the worker, and the Director must, when carrying out testing; a. carry and show to the worker a document containing information about the power to perform the test, and b. provide the worker with a written state...

9. [2016] NZEmpC 124 Spotless Facility Services v Mackay [pdf, 86 KB]

   ...apply to the hearing of a non de novo challenge, since these differ from those relating to a de novo challenge: 5 Minute of 18 July 2016. a) A non de novo hearing is in the nature of an appeal. The challenger or plaintiff is required to show that the Authority’s determination was wrong. 6 b) Thus, the challenger has an onus of persuading the Court of the existence of an error of fact and/or law by the Authority in...

10. [2016] NZEmpC 131 A Labour Inspector v Taste of Egypt Ltd [pdf, 89 KB]

    ...moved out of the jurisdiction or dissipated. Initially, the Labour Inspector gave this evidence on the topic: I believe that the respondent is liquidating its assets and the directors are preparing to leave New Zealand. I believe that the appeal of the Authority’s determination is merely a stalling tactic to provide the respondent with time to dispose of assets of [the] company and distribute the proceeds of any sale to the directors personally in order to avoid their respons...