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1. Trustees of Aata Paora Keretene Ahu Whenua Trust v Cherrington - Motatau 3B2B3 (2015) 102 Taitokerau MB 43 (102 TTK 43) [pdf, 187 KB]

   ...6 Klissers Farmhouse Bakeries Ltd v Harvey Bakeries Ltd [1985] 2 NZLR 129. 7 Henry Roach (Petroleum) Pty Ltd [1976] VR 309. 8 Eriwata v Trustees of Waitara SD S6 and 91 Land Trust – Waitara SD s5 and 91 Land Trust (2005) 15 Aotea Appeal MB 192 (15 WGAP 192). 9 36 Kaikohe MB 247 (36 KH 247). 102 Taitokerau MB 47 newspaper. At that meeting a resolution was passed by the owners in attendance directing the trustees to file the current applications. [19] As su...

2. Auckland District Law Society v Parlane [2010] NZLCDT 26 [pdf, 110 KB]

   ...the profession in terms of its reputation and integrity. [25] Mr Parlane has a previous disciplinary record. Mr Parlane attempted to explain it away on the basis that the earlier disciplinary decisions were wrong, or that he only withdrew his appeals relating to findings against him in respect of 1 Section 3 Lawyers and Conveyancers Act 2006 6 those charges because he did not want to prolong matters. The matters occurred some...

3. [2015] NZEmpC 108 Nisha v LSG Sky Chefs NZ Ltd [pdf, 102 KB]

   ...no other purposes: (b) if copies of any documents have been made available by any party,— (i) those copies must be returned to that party within 28 clear days after the conclusion of the proceedings or after the conclusion of any related appeal, whichever is the later; and (ii) copies of any of those copies must not be retained by the party to whom those copies were made available: (c) the information contained in any document so disclosed but not used in evidence in t...

4. [2011] NZEmpC 100 Liu v South Pacific Timber (1990) Ltd [pdf, 107 KB]

   ...the same or similar factual allegations, but that went against the applicant in the Authority. Although, if leave is granted, the applicant may proceed with a clean slate to establish his case, the challenge is generally in the nature of an appeal, certainly as far as this application for leave and consideration of merits is concerned. [8] In Stevenson v Hato Paora College Trust Board 3 Judge Shaw described this test as being “the absence of any realistic prospect of success...

5. LAT - Practice note - 2011 [pdf, 176 KB]

   ...document, it will do so by notice in writing. [5.5] Any person who has provided original documents to the Tribunal may request their return. Such requests will be considered after the Tribunal’s decision is delivered and the time limited for appeal or judicial review has expired. [5.6] The Tribunal will provide a copy of the application for review, the submissions and all supporting materials to the Commissioner (s 54(c)). The Commissioner is to file submissions and relevant d...

6. Land Valuation Tribunal COVID-19 Protocol [pdf, 181 KB]

   ...first instance. Expectations of parties and representatives 2 A web-based videoconferencing system supported by the Ministry of Justice and Spark. https://www.courtsofnz.govt.nz/publications/announcements/covid-19/court-protocols/court-of-appeal/#remote-hearings-protocol 17. Parties and representatives are expected to assist the Tribunal by: a. Ensuring attendance at any arranged judicial or facilitator teleconference for the purposes of making directions on matters including...

7. BORA Births, Deaths, Marriages, and Relationships Registration Amendment Bill [pdf, 316 KB]

   ...Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel Margaret Dugdale Policy Manager, Bill of Rights/Human Rights Public Law Group Footnotes 1 In applying section 5, we have had regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260 Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754 and Supreme Court of Canada’s decision in R v...

8. Auckland Standards Committee 1 v Harder [2022] NZLCDT 55 (23 December 2022) [pdf, 98 KB]

   ...the event. That notion is specifically dismissed by his Honour, Clifford J, in the Lagolago decision. [31] The dictum in Laglago also departs from the previously relevant authority of Baxendale-Walker.9 In that matter, the English Court of Appeal held that: Absent dishonesty or a lack of good faith, a costs order should not be made against a regulator unless there is good reason to do so. That reason must be more than the other party has succeeded. [32] In this case, there is...

9. Bayne v Trustees of the Ngāti Rehua Ngāti Wai Ki Aotea Trust (2019) Chief Judge's MB 1432 (2019 CJ 1432) [pdf, 228 KB]

   ...these orders. I dismissed this application for want of jurisdiction on 22 August 2016.7 It would appear that the applicant is now using this s 30 application to re-litigate the issue raised in her s 45 application. Section 30 is not a rehearing or appeal provision and can not be used in this manner. [26] The purpose of a s 30 application is to determine the most appropriate representative for a specified purpose, not to resolve historical grievances or relitigate issues before the...

10. [2010] NZEmpC 80 Willis v Fonterra Cooperative Group Ltd [pdf, 84 KB]

    ...an employee’s actions the test in s 103A “does not give an unbridled license to substitute [the Authority’s and the Court’s] views for that of an employer”. He also cited Whanganui College Board of Trustees v Lewis,9 where the Court of Appeal held that the ascertainment of facts by an employer enquiring into allegations of serious misconduct where there are conflicting accounts does not involve any legal standard of proof. The employer: “acting reasonably, will be entit...