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...matter. If it is 4 See Bidois v Clarke – Tokata A14 (2013) 31 Tairawhiti MB 95 (31 TRW 95) at [19]; and Naera v Fenwick – Whakapoungakau 24 [2011] Māori Appellate Court MB 316 (2011 APPEAL 316) at [61] 5 Ibid. 386 Aotea MB 148 likely that the trustees and their agents intend to undertake further works then this will need to be discussed at a telephone conference to be arranged at short notice if necessary....
...8y9t1vo72j 2018-07-19 11:51:38 7 earthquakes. The Tribunal will not consider issues involving on-sold properties. The Tribunal may join other potentially liable parties to the dispute where necessary. 49 Decisions of the Tribunal can be appealed on questions of fact and law to the High Court, with leave of the High Court. Second and subsequent appeals can be made on questions of law, with leave of the appellate Court. 50 Policyholders, insurers and the Earthquake Commission...
...on it by this or any other Act, the Maori Land Court shall have all the powers that are inherent in a court of record. [10] The ability of a court of record to deal with evidence, its admission and suppression, was considered by the Court of Appeal in Brown v Attorney General:1 Before setting out what is in issue, we should make clear one matter which was not in issue: that is the jurisdiction of the District Court to make suppression orders in civil proceedings. Judge Ongle...
...counsel). 19. Where the alleged bad faith involves public authorities or abuse of executive power the courts give a more restrictive meaning to “bad faith” by requiring an element of dishonesty be proven. As McMullin J stated in the Court of Appeal decision in Webster v Auckland Harbour Board (supra) there is generally difficulty in establishing bad faith against public authorities. (page 683) A broader interpretation is given in other situations, such as in this claim. 20. A...
...(a) $2,247.492 (expert planner); and (b) $674.103 (legal costs). [5] The Council makes the following submissions in support of its application (by way of summary): 2 3 4 (a) the Environment Court Practice Note 2014 provides that where an appeal is withdrawn after being set down for hearing the court will normally award costs against the appellant in favour of the other parties for their preparation for hearing;4 [2019) NZEnvC 83. Amount sought is 100% of cost incurred....
...that different event. 11 Employment Relations Act 2000, sch 2 cl 15. 12 Commissioner of Salford School v Campbell [2015] NZEmpC 186 at [27]. This proposition was not considered on the dismissed appeal: The Commissioner of Salford School v Campbell [2016] NZCA 126. 13 Stormont v Peddlethorpe Aitken Ltd [2017] NZEmpC 159 at [23]; Stevens v Hapag-Lloyd (NZ) Ltd [2015] NZEmpC 137, [2015] ERNZ 1080 at [18]−[21]; and Rodkiss v Carter...
...8y9t1vo72j 2018-07-19 11:51:38 7 earthquakes. The Tribunal will not consider issues involving on-sold properties. The Tribunal may join other potentially liable parties to the dispute where necessary. 49 Decisions of the Tribunal can be appealed on questions of fact and law to the High Court, with leave of the High Court. Second and subsequent appeals can be made on questions of law, with leave of the appellate Court. 50 Policyholders, insurers and the Earthquake Commission...
...s 45 applications must be accompanied by proof of the flaw or error identified, either through the production of evidence not available or not known of at the time the order was made or through submissions on the law. [13] Finally, the Court of Appeal has recently confirmed, the power under s 44(1) falls into two parts:5 The first is the 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 t...
...Authority the challenge must specify the alleged errors of law or fact said to have been made or any question of law or fact to be resolved.5 [7] A challenge that does not seek a rehearing of the whole matter is conducted in the same way as an appeal.6 Mr Martin challenged specific parts of the determination he claimed contained errors of law or fact made by the Authority. [8] Mr Martin disputed the Authority’s findings or conclusions in paragraphs [68], [76], [77], [79] an...
...at [57]. [23] Mr Kan sent the following email to the Tribunal on 12 July 2021 (following service by email on him of the Committee’s penalty submissions): To whom it may concern Re: enclosed information I am in no financial position to appeal this matter and may be put into an undesirable outcome. I make a plea for clemency and ask for name suppression as it will only cause distress and hurt to what is left of my immediate family. I truly and unreservedly apologise for t...