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1. [2013] NZEmpC 136 Talent Bean Ltd T/A Roasted Addiqtion Cafe v D’Souza [pdf, 48 KB]

   ...answer to the application for stay of execution and I shall treat his document as a notice of opposition. [5] The grounds of the application for stay put forward by the plaintiff are that if the stay is not granted, the plaintiff’s right of appeal will be ineffectual. The plaintiff submits that the challenge is brought for good reasons and in good faith and that the defendant will not be affected injuriously by a stay. It is submitted that the questions of the case are importa...

2. [2013] NZEmpC 136 Talent Bean Ltd t/a Roasted Addiqtion Cafe v D’Souza [pdf, 55 KB]

   ...include a reconfirmation of the costs and disbursements awarded by the Authority. The defendant seeks costs in respect of the challenge. The matter is to be decided upon the principles set out in the three often cited decisions of the Court of Appeal dealing with costs awards in this Court; Victoria University of Wellington v Alton-Lee, 3 Binnie v Pacific Health Ltd, 4 Health Waikato Ltd v Elmsly. 5 Those principles are now so clearly established and applied in this Court tha...

3. [2014] NZEmpC 165 Adams t/a Untouchable Hair & Skin v Brown interlocutory [pdf, 55 KB]

   ...to do so by joint memorandum, or failing agreement by direction of the Court. e) Counsel for the employer appears to seek a direction that the sum be held until resolution of the challenges by the Employment Court, or until resolution of any appeal of the Employment Court’s decision if pursued. [5] There is agreement that there be an order for stay of execution of the Authority’s orders, subject to payment by the employer of the agreed sum. There is not agreement as to th...

4. CAC10027 v Brankin [2013] NZREADT 39 [pdf, 36 KB]

   ...any publication of our substantive decision of 24 April 2013 which will be edited accordingly by our Registrar and be approved by our Chairperson. 3 [4] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr G Denley Member ______________________________ Mr...

5. Body Corporate 180379 and Unit Owners of Fox Terrace Apartments v Auckland Council procedural order [pdf, 40 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2011-100-000015 BETWEEN BODY CORPORATE 180379 AND UNIT OWNERS OF FOX TERRACE APARTMENTS Claimant AND AUCKLAND COUNCIL AND OTHERS Respondents PROCEDURAL ORDER 6 (Determination in respect of Unit F) Dated 20 July 2011 1. The Council has applied for a determination that the claims in respect of Unit B and Unit F are statute barred pursuant to section 393 of the Building Act 2004. This order relates only to U

6. AC v Secretary of Justice 4 May 2017 NZRA 002/2017 [pdf, 130 KB]

   ...the law, interviewing witnesses, briefing of evidence, drafting documents, examining witnesses, cross- examination, making submissions, making opening/closing addresses, appearing at sentence, and appearances in support of or in response to an appeal’. 12. I find that Mr AC has shown only one aspect of court room activity in that he has cross-examined a witness in three separate trials. 13. The information that he has supplied does not demonstrate that he has the ability to und...

7. BORA Arbitration Amendment Bill [pdf, 167 KB]

   ...Rights Act Section 14 – Freedom of expression 4. Section 14 of the Bill of Rights Act affirms the right to freedom of expression. This includes the freedom to seek, receive, and impart information and opinions of any kind in any form. The Court of Appeal has held that the principle of open justice is affirmed by s 14. The basis of the principle is the right of the community at large to an open and transparent justice system. 1 5. Currently, s 14F of the Act provides that court pro...

8. Memorandum of Counsel for Wellington City Council and Wellington Regional Council (dated 6 April 2018) [pdf, 30 KB]

   ...9 WCC submits that the Court has the power (should it consider it to be desirable and appropriate) to make an appropriate order in the course of proceedings and to waive the time limits to enable additional 274 parties to become party to the appeal. 10 This could be done in particular by: 10.1 allowing persons who were not originally submitters on the application to lodge a submission (within a certain time frame) in the course of the proceedings under section 279(1)(a) of...

9. BORA Social Security (Fraud Measures and Debt Recovery) Amendment Bill [pdf, 191 KB]

   ...Rights Act 1993 or otherwise. Without a comparator group, there is no discrimination. 6. The Bill also allows more effective debt recovery and discretion in managing recovery in individual cases. The Bill also provides review and appeal rights to spouses and partners affected by the new debt recovery powers. 7. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. Melanie Webb Acting C...

10. [2018] NZEnvC 209 Nelson City Council v Bailey [pdf, 702 KB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Decision No. [2018] NZEnvC209 IN THE MATTER of the Resource Management Act 1991 AND of an appeal under section 315 of the Act BETWEEN NELSON CITY COUNCIL (ENV-2018-CHC-177) Applicant AND PETER GREGORE BAILEY First Respondent AND LOUISE EVELINE HAYES Second Respondent Court: Environment Judge J R Jackson (Sitting alone under section 309 RMA) Hearing: In Chambers at Christchurch Date of Decision: 19 Octobe...