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1. [2021] NZEmpC 196 KAQ v The Attorney-General [pdf, 245 KB]

   ...NZLR 310 at [2] in relation to the principle generally; and, in relation to access to Court documents, see the discussion in Commissioner of Police v Doyle [2017] NZHC 3049; and Berry v Crimson Consulting Ltd [2017] NZHC 3026 [Berry HC] upheld on appeal in Berry v Crimson Consulting Ltd [2018] NZCA 460 [Berry CA]. departed from in certain circumstances, when it is in the interests of justice to do so. [8] Rule 12 of the Rules specifies a range of matters that must be considered...

2. Marshall - Otukou Papakāinga Trust (2021) 437 Aotea MB 116 (437 AOT 116) [pdf, 246 KB]

   ...this Part of this Act the Court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. [16] It is well settled that the leading decision on trustee appointments is the Court of Appeal judgment Clarke v Karaitiana.6 In particular, paragraphs [51] and [52] of the judgment make it plain that, in the normal course of events, the views of the trust beneficiaries will be very important. That said, the Court is not boun...

3. [2022] NZEnvC 248 Greenacres Waiheke Limited v Auckland Council [pdf, 196 KB]

   ...along with the solid organic waste from septic tanks and grease traps from properties that are connected to the Owhanake Wastewater Treatment Plant. The respondent issued the appellant with an abatement notice on 23 April 2021. The appellant appealed and applied for a stay of abatement notice on 17 May 2021. By Minute of the Court dated 26 May 2021 a stay of abatement notice was granted on an interim basis until 30 June 2021 to enable Court-assisted mediation to take place....

4. Archived Compensation Guidelines for Wrongful Conviction and Imprisonment 19 Aug 2020 [pdf, 732 KB]

   ...relation to that conviction; c Is alive at the time of the application. 14 A person is wrongly convicted of an offence if: a The person received a free pardon in respect of the offence; b The person’s conviction was quashed or set aside by an appeal court or the trial court, and no retrial or further hearing was ordered; Arch ive d 4 c The person’s conviction was otherwise quashed or set aside and no further proceedings can be brought against the person in respect of...

5. [2022] NZEmpC 222 Gumbeze v The Chief Executive of Oranga Tamariki [pdf, 225 KB]

   ...connected to the investigation meeting remotely and was distracted. The application stated an intention to challenge the determination and included a comment that he would appoint new counsel to file a full statement of claim and “grounds of appeal”. [7] The draft statement of claim was equally brief. In eight short paragraphs Mr Gumbeze elected to challenge the whole determination. The relief pleaded was for reinstatement to his former position, compensation for lost income,...

6. [2022] NZIACDT 30 - ZK v Li (19 December 2022) [pdf, 200 KB]

   ...Immigration NZ fees $ 3,240 $ 427 $ 700 Emotional distress and time wasted $10,0002 2 No breakdown is given between emotional distress and time spent and nor is clear what the time was spent doing, apart from an unsuccessful appeal to the Immigration and Protection Tribunal. 4 [13] The complainant repeats the story she has given the Authority and the Tribunal. She says Mr Li did not verbally advise her that the application would not be straightforward. I...

7. [2022] NZEnvC 151 Greenacres Waiheke Limited v Auckland Council [pdf, 131 KB]

   ...along with the solid organic waste from septic tanks and grease traps from properties that are connected to the Owhanake Wastewater Treatment Plant. [2] The Respondent issued the appellant with an abatement notice on 23 April 2021. The appellant appealed and applied for a stay of abatement notice on 17 May 2021. [3] By Minute of the Court dated 26 May 2021 a stay of abatement notic~ was granted on an interim basis until 30 June 2021 to enable Court-assisted mediation to take pla...

8. [2022] NZEmpC 160 McDermott v Employment Relations Authority [pdf, 203 KB]

   ...on review (1) Except on the ground of lack of jurisdiction or as provided in section 179, no determination, order, or proceedings of the Authority are removable to any court by way of certiorari or otherwise, or are liable to be challenged, appealed against, reviewed, quashed, or called in question in any court. (1A) No review proceedings under section 194 may be initiated in relation to any matter before the Authority unless— (a) the Authority has issued a determination un...

9. [2022] NZEnvC 011 Clutha District Council v Vreugdenhil Family Trust Partnership [pdf, 249 KB]

   ...Court. [3] The substantive decision3 on this matter was issued on 26 November 2021, declining the Council’s application. Costs were reserved and a timetable set for any applications. Mr and Mrs Kelly (‘the Kellys’), s274 parties to this appeal, filed an application for costs on 17 December 2021, and that application is now considered on its merits. The Kellys’ application for costs [4] The Kellys seek a costs award against the Council and the Vreugdenhil 1 Unformed...

10. Dixon - Succession to Pairama Ngutahi [2024] Chief Judge's MB 14 (2024 CJ 14) [pdf, 355 KB]

    ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.2 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [11] The Court of Appeal has confirmed that the power under s 44(1) falls into two parts:3 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court or the Re...