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...hearing The referee will make an order or approve an agreed settlement, and provide written reasons for their decision. Find out what to do if: the decision is in your favour the decision is not in your favour you want a rehearing you want to appeal the decision
Car crash kills two, driver aged 20 is charged This is the story of how New Zealand's criminal justice system works – from the District Court to the High Court and the Court of Appeal. It all starts when 20-year-old Oliver Fender runs a red light, crashing his car and killing two people. We start with the night of the crash, and the lead up to him being charged by the Police with several crimes. In this section: The crime Before the trial Trial and prison Oliver's story in pictures...
...the parties in Parkes had. Instead they used the term “appropriate rate” which was quite different to that used in Parkes and that difference must be given proper weight. [26] As invited to by the Court, Mr Wilton addressed the Court of Appeal’s decision in Radio New Zealand Ltd v Clark [1993] 1 ERNZ 270 at 271 in a subsequent memorandum. In Clark the Court of Appeal had held that both the Employment Court and the Employment Tribunal had placed too much emphasis on inter...
...contained in s248 of the Employment Relations Act 2000, the Authority exercised the jurisdiction of the Employment Tribunal under the Employment Contracts Act 1991 in making that decision and that the proceedings in the Court were primarily by way of appeal pursuant to s95 of that Act. [9] As it was part of Mr Wyatt’s case that the cause of action with respect to the 1999 salary issue had yet to accrue, he framed the proceedings in the alternative as being a challenge to a deter...
...of his or her duties as a trustee. (2) The Court may at any time, in respect of any trustee of a trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise). [37] The Court of Appeal in a recent judgment Rameka v Hall underscored the relevant duties of a trustee including the principal obligation of being familiar with the terms of the trust: 9 [28] The general responsibilities of responsible trustees are set out...
...The results of the voting on the three options were: 3 Adlam v Savage – Lot 39A Sec 2A Parish of Matata and Lot 39A Sec No. 2B2A Parish of Matata (2015) 2015 Māori Appellate Court MB 59 (2015 APPEAL 59). 4 Trustees of the Otonga Whānau Trust v The Trustees of Matata Parish 39A 2A Ahu Whenua Trust – Lot 39A Sec 2A Parish of Matata and Lot 39A Sec 2B No. 2B No 2A Parish of Matata (2014) 95 Waiariki MB 176 (95 WAR 176). 127 Wa...
...RESERVED JUDGMENT OF JUDGE C T COXHEAD 22 Tairāwhiti MB 168 Introduction [1] The background to this application is outlined in the Māori Appellate Court decision recorded at 2011 Māori Appellate Court MB 428 (2011 APPEAL 428). I do not propose to restate what the Māori Appellate Court has already sufficiently summarised. [2] This application was remitted to the Māori Land Court for consideration of three matters, as noted at [75] of the M...
...only for a limited period, whether fixed in the order or to terminate in accordance with the order; or if it is not so made, it shall have effect permanently. (3) If any such order is expressed to have effect until the determination of an intended appeal, and no notice of appeal or of application for leave to appeal is filed or given within the time limited or allowed by or under the relevant enactment, the order shall cease to have effect on the expiry of that time; but if such a notice...
...to violate directly the international conventions ratified by New Zealand in terms of access to justice, ie, independent and unafraid counsel, for the purpose of following his own agenda” (para [78]). [6] In an application for special leave to appeal dated 14 October 2008 and filed in Ley v Chief Executive of the Ministry of Social Development (SC77/2008) the first three grounds of appeal were framed in the following terms: 1. Justice Harrison was actually or apparently biased; 2. Ju...
...Act (which relates to the manner in which a company may enter into contracts and other obligations), a company may use a generally recognised abbreviation of a word or words in its name if it is not misleading to do so. … [54] The Court of Appeal considered s 25(2) in Clarence Holdings Ltd v Hall. 21 In that decision, McGrath J stated: [39] The general policy of s 25 of the 1993 Act … is first, every company should state its name clearly and accurately in its written com...