Search Results

1. [2021] NZEmpC 84 A Labour Inspector of the Ministry of Business, Innovation and Employment v Jeet Holdings Ltd [pdf, 555 KB]

   ...because that fact was not drawn to the attention of the Court. Subsequently insolvency proceedings were instituted. The High Court decided it was appropriate to continue to consider them, relying on its inherent jurisdiction. [21] The case was appealed. By the time the appeal was heard by the Court of Appeal the defendant had been restored to the Register. The Court of Appeal specifically mentioned the unusual situation that had arisen in the High Court, where orders were made...

2. [2014] NZEmpC 211 Pyne Gould Corp Ltd v West [pdf, 94 KB]

   ...(1990) Ltd: 2 [10] In exercising its broad discretion the Court must have regard to the overall justice of the case, and the respective interests of both parties are to be carefully weighed. The balancing exercise was summarised by the Court of Appeal in A S McLachlan Ltd v MEL Network Ltd as follows: The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order f...

3. Judge v Care Park New Zealand Ltd (Strike-Out Application) [2018] NZHRRT 14 [pdf, 326 KB]

   ...seek to re-litigate it. Wintec also submits that even were there duress, having accepted the benefits of the agreement and having taken no timely steps to avoid it, Mr Judge has thereby affirmed it. Wintec relies on the decision of the Court of Appeal in Pharmacy Care Systems Ltd v The Attorney-General (2004) 2 NZCCLR 187 (CA) where the elements of duress were summarised as follows: [98] In summary, the elements of duress in New Zealand law today are these: First, there must be a threa...

4. [2019] NZEmpC 66 Morgan v Tranzit Coachlines Wairarapa Ltd [pdf, 261 KB]

   ...employment in light of the “serious problems in this field resulting from the economic difficulties and technological changes experienced in recent years in many countries.” New Zealand has not ratified the Convention but, as the Court of Appeal has recognised, s 66 gives effect to it.7 [11] Section 66 provides an exception to the normal rules of termination, but explicitly not if the point of the fixed-term nature of the employment agreement is to get around those normal ru...

5. Smallman - Te Rangi Kaiamokura [2015] Chief Judge's MB 188 (2015 CJ 188) [pdf, 340 KB]

   ...applicant to prove the existence of the alleged mistake or omission either by the Court or in the presentation of evidence in the order complained of. 28 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) 29 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2015 Chief Judgeꞌs MB 197 [5] However, having considered the Case Manager’s Report and the sufficient opportunities afforded to the applicant opportunity to provide e...

6. Searancke - Lot 2 and 4 of proposed subdivision of GS5D/318 and Lot 1 of proposed subdivision of GS5D/318 (2008) 179 Gisborne MB 61 (179 GIS 61) [pdf, 2.2 MB]

   ...extensive supervisOly powers over trusts constituted under Te Ture Whenua Maori Act 1993. TIllS position was confIrmed in The Proprietors of Mangakino Township v The Maori Land Court & Anor (CA6S199, 16 June 1999, Wellington) where the Comt of Appeal found that the Maori Land Comt: " ... is expressly given in s237 in respect of any trust to which Part XII applies 'all the same powers and authorities as the High Court has (whether by statute or by any rule of law or by...

7. [2018] NZEnvC 64 Panuku Development Auckland Limited v Auckland Council [pdf, 856 KB]

   ...Auckland Council in Support of Notice of Motion under section 291 of the RMA Applying for Waivers/Directions. 5 (a) In the 2016 decision Re Auckland CounciF the Court held that it had jurisdiction to make directions I grant waivers in relation to appeals on the Auckland Council's decisions on the Independent Hearing Panel's recommendations on the then proposed Auckland Unitary Plan. The Auckland Council in that case similarly sought to waive certain requirements of section...

8. COVID-19 Public Health Response Amendment Bill [pdf, 687 KB]

   ...occurred without proof of mens rea. The accused is required to prove a defence (on the balance of probabilities), or disprove a presumption, to avoid liability. 14. Although infringement offences do not result in a criminal conviction,5 the Court of Appeal in Henderson v Director, Land Transport New Zealand held that the rights in ss 24 and 25 of the Bill of Rights Act apply to minor offences dealt with under the infringement notice regime.6

9. MVDT Annual Report 2013-2014 [pdf, 255 KB]

   ...valuers’ assessment of 30% reduction to be too great and the trader’s 10% reduction in value to be too conservative and guided by the valuers’ opinions assessed the purchaser’s loss at 13.5% of the purchase price or $4,500, a figure which, on appeal was increased to $8241. d) The danger of buying a vehicle without a Consumer Information Notice The Auckland Adjudicator’s 2013 Annual Report referred to the frequency with which the Tribunal hears claims where the trader has...

10. Paerau - Te Komiti 1B2B2 Ahu Whenua Trust (2015) 95 Taitokerau MB 280 (95 TTK 280) [pdf, 189 KB]

    ...of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 of this Act or an appeal under Part 2 of this Act relates. 95 Taitokerau MB 283 (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be expressed to be binding on the Maori Truste...