Search Results

1. FCA Judicial appointment information booklet [pdf, 615 KB]

   ...a very good source of informed opinion on the relative merits of prospective candidates. They will, therefore, be prominent among those consulted. The list of parties who may be contacted includes the Chief Justice, the President of the Court of Appeal, the President of the New Zealand Law Society, Solicitor-General and other organisations or groups representative of lawyers who the Attorney-General believes can contribute names of suitable persons. Such groups may include the New Zealan...

2. NZBORA-advice-AP-Education-and-Training-Amendment-Bill-final-for-publication-v2.pdf [pdf, 271 KB]

   ...enter a consensual arrangement with others and promote common interests of the group. By protecting the right of individuals to decide freely whether they wish to associate with others, it also includes the right not to associate. 18. The Court of Appeal has previously said that while the right to collective bargaining arises out of the right to freedom of association, it is generally not regarded as an element of freedom of association.9 However, more recently the Canadian Supreme Court...

3. [2007] NZEmpC CC 28/07 B & D Doors Ltd v Hamilton [pdf, 77 KB]

   ...those prevailing prior to the enactment of the Employment Relations Amendment Act (No 2) 2004 and, in particular, the enactment of what is now s103A of the principal Act. [6] The relevant principles were conveniently summarised by the Court of Appeal in W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448. The onus is on the employer to justify the dismissal. What the employer must do is to satisfy the Court that the decision to dismiss was one which a reasonable and fair employer...

4. Canterbury Standards Committee v Sisson [2011] NZLCDT 35 [pdf, 143 KB]

   ...rely on her integrity, probity, and trustworthiness.” Previous offending [14] Ms Sisson was found guilty of misconduct on 20 August 2008 in failing to honour an undertaking she had given to a building society. In the course of an unsuccessful appeal by Ms Sisson against that decision French J, in her decision of 7 July 2009 referred to findings of the Tribunal that Ms Sisson had failed to be “honest and upfront” with the building society. [15] Earlier in 2004 Ms Sisson also...

5. [2024] NZEnvC 029 New Zealand Motor Caravan Association Inc v Marlborough District Council [pdf, 2.9 MB]

   NEW ZEALAND MOTOR CARAVAN ASSOCIATION INC v MARLBOROUGH DISTRICT COUNCIL IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 029 IN THE MATTER of an appeal under s 120 of the Resource Management Act 1991 BETWEEN NEW ZEALAND MOTOR CARAVAN ASSOCIATION INC (ENV-2023-CHC-078) Appellant/ Applicant AND MARLBOROUGH DISTRICT COUNCIL Respondent Court: Environment Judge B P Dwyer sitting alone under s 279 of the Act...

6. [2024] NZEmpC 136 Stellar Elements New Zealand Limited v Amesbury [pdf, 329 KB]

   ...trust and confidence, but also on the legislative requirement for good faith behaviour, and by acknowledging and addressing the inherent inequality of power in employment relationships. [17] In NZ Tax Refunds Ltd v Brooks Homes Ltd, the Court of Appeal confirmed that for interim injunction purposes, an applicant must first establish that there is a serious question to be tried or, put another way, that the claim is not vexatious or frivolous. Then, the balance of convenience must be...

7. [2024] NZEmpC 140 Sharma v Prolife Foods Ltd [pdf, 184 KB]

   ...intervention, which was unsuccessful. [20] At no point did her immigration advisors suggest that she take any steps against Prolife Foods, and she did not seek or obtain employment advice. It was only in June 2023, after she had unsuccessfully appealed her deportation order, that she understood that she could take action against Prolife Foods. Two requirements for leave to be granted [21] Under s 114 of the Act, leave may be granted to raise a personal grievance outside the presc...

8. A-Certificate-of-Approval-Application-form 2024 - Updated Form 20240927.pdf [pdf, 209 KB]

   ...section 65 of the Land Transport Act 1998, or an earlier equivalent provision? Yes No Have you ever been ordered by a New Zealand court to be imprisoned following conviction for an offence and that conviction or order has not been quashed on appeal? Yes No In the last 7 years, have you ever been convicted by a New Zealand court of an offence under the Private Security Personnel and Private Investigators Act 2010 or Private Investigators and Security Guards Act 1974 for wor...

9. Pillot-Part Tokaanu B2L(2024) 488 AOT 32 (488 AOT 32) [pdf, 214 KB]

   ...King1: “In Brown v Māori Appellate Court 2, the High Court set out the approach to considering an application for partition. That approach has been adopted by this Court, by the Māori Appellate Court, and was recently endorsed by the Court of Appeal 13. This approach is helpfully summarised in Hammond – Whangawehi 1B3H13: The Court has exclusive jurisdiction to grant partition orders in relation to Māori freehold land in accordance with Part 14 of the Act. That jurisdict...

10. ENV-2016-AKL-000xxx Zakara Investments Limited v Auckland Council [pdf, 23 MB]

    Notice of Appeal by Zakara Investments Limited against decisions on the Proposed Auckland Unitary Plan Dated: 16 September 2016 REFERENCE: Catherine Somerville-Frost (Catherine.Somerville-Frost@chapmantripp.com) Nicola de Wit (Nicola.deWit@chapmantripp.com) In the Environment Court of New Zealand at Auckland ENV-2016-AKL- in the matter of: the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Managem...