Search Results

1. Timutimu v Ruwhiu - Waiohau C Section 22 (2020) 246 Waiariki MB 276 (246 WAR 276) [pdf, 218 KB]

   ...initiated invariably by owners or other trustees. Such proceedings are often connected to applications for removal of trustees, for review of trust as well as for the replacement of trustees and the termination of trusts. The decision of the Court of Appeal http://www.lexisnexis.com/nz/legal/search/enhRunRemoteLink.do?ersKey=23_T20111166951&backKey=20_T20111166959&homeCsi=274497&A=0.04523016488630749&urlEnc=ISO-8859-1&&dpsi=0069&remotekey1=REFPTID&refpt=1...

2. [2020] NZEmpC 42 Alkazaz v Enterprise IT Ltd [pdf, 348 KB]

   ...reputation) may 7 Reopening determination, above n 2. 8 Reekie v Attorney-General [2014] NZSC 63, [2014] 1 NZLR 737 at [2]. The Court was concerned with the approach to security for costs on appeals, including the circumstances in which security might be waived. legitimately fall to be considered as part of the cost/benefit assessment. Proceedings relating to the vindication of rights under the New Zealand Bill of Rights...

3. [2018] NZEmpC 135 Solid Roofing Ltd v Newman [pdf, 232 KB]

   ...Employment Court. See attached Statement of Claim [and annexed documents] for full presentation of grounds, and the affidavit of Sarah Kim Bayly sworn 30 July 2018 in support. 2. Attempted Enforcement of the determination prior to a ruling on the appeal would force the company into voluntary liquidation, see numerous staff lose their employment, and see the Respondent not receive any contribution towards his judgment amounts given the limited assets of the company and the cost...

4. [2022] NZEmpC 26 Tupe v The Board of Trustees of Te Manawa O Tuhoe Trust [pdf, 192 KB]

   ...costs should be ordered. In exercising that discretion, regard must be had to the overall justice of the case and the respective interests of both parties need to be carefully weighed up.5 That balancing exercise was summarised by the Court of Appeal in AS McLachlan Ltd v MEL Network Ltd as follows:6 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken as contemplating also that an orde...

5. [2022] NZEmpC 68 KAQ v Attorney-General [pdf, 244 KB]

   ...confidentiality and privacy interests 5 Rule 11(7)(a). 6 Rule 11(8). 7 Erceg v Erceg [2016] NZSC 135, [2017] 1 NZLR 310 at [2]; Commissioner of Police v Doyle [2017] NZHC 3049; and Berry v Crimson Consulting Ltd [2017] NZHC 3026 upheld on appeal in Berry v Crimson Consulting Ltd [2018] NZCA 460, [2019] NZAR 30. 8 See the discussion in Schenker AG v Commerce Commission [2013] NZCA 114, (2013) 22 PRNZ 286; referred to in Crimson Consulting Ltd v Berry [2018] NZCA 460, [2019]...

6. [2021] NZEmpC 119 Bowen v Bank of New Zealand [pdf, 291 KB]

   ...Appendix 1. 8 See Appendix 2. [14] In reply, the BNZ points to the availability of legal aid and to the fact Ms Bowen continues to incur costs, including making another application for removal in the Authority and applying for leave to appeal the Court’s judgment on the application for removal to the Court of Appeal. It strongly disputes that its use of the costs procedure is to prevent Ms Bowen from continuing with her proceedings. The Court has a discretion as to co...

7. Freedom Camping (Infringement Offences and Other Matters) Amendment Bill [pdf, 2 MB]

   ...degree of intrusiveness 12. The reasonable expectation of privacy underpinning s 21 is held by the community at large, and this expectation will vary according to where the search is conducted or the nature of the search. For example, the Court of Appeal bas held that reasonable expectation of privacy will be lower for public places than on private property, and higher for the home, than for the surrounding property.6 13. There is an expectation of privacy in relation to vehicle searche...

8. 2024-07-10-Notice-of-Hearing-Mackenzie-PC18.pdf [pdf, 252 KB]

   ...Plan Change 18 - Indigenous Biodiversity ENV-2021-343-000001 The Royal Forest and Bird Protection Society of New Zealand Incorporated v Mackenzie District Council Environmental Defence Society Incorporated v Mackenzie District Council Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of...

9. Waikato Bay of Plenty Standards Committee 2 v Mr G [2023] NZLCDT 37 (23 August 2023) [pdf, 100 KB]

   ...and the National Standards Committee v Deliu [2015] NZLCDT 21 (esp. at [50]); Re Orlov [2013] NZLCDT 27 at [54]. 3 See above n 1 at [54]. 4 See above n 1 at [58]. 4 [8] In short, the authority to issue these summonses has been tested on appeal. The ambit of the summonses has been prescribed by the outcome. Inferentially, the High Court has ruled that these summonses comply with cl 6. If the Standards Committee wished to test that, it should have sought to appeal the outcom...

10. [2025] NZREADT 11 - Feng v REAA (15 April 2025) [pdf, 187 KB]

    ...would take effect on 14 January 2025. REVIEW APPLICATION [18] On about 14 January 2025, Ms Feng sought review by the Tribunal of the Registrar’s decision to cancel her licence. Submissions (14 January 2025) were received with the notice of appeal. [19] A Minute was issued by the Tribunal (3 February 2025) directing the application be heard on the papers and setting a timetable for submissions. [20] The Tribunal received submissions from Ms Feng (27 February and 26 March 2...