Search Results

1. [2019] NZEmpC 198 Jobbitt v 4 Seasons Indoor Outdoor Living (2014) Ltd [pdf, 379 KB]

   ...Where evidence is considered, that will not normally occur if it is inconsistent with the pleadings. That is because a strike out application is dealt with on the basis that the plaintiff is able to prove the pleaded facts. However, the Court of Appeal has acknowledged that there may be cases where a factual allegation is so demonstrably contrary to indisputable fact that the matter ought not to be allowed to proceed further. The submissions [24] In summary, Ms Sharma’s subm...

2. HR v OW & CT LCRO 79/2014 (8 September 2015) [pdf, 299 KB]

   ...question of compensation does not arise on the present facts because of the terms of settlement the parties 3 reached. Counsel refers to three of the functions that penalty orders fulfil in the disciplinary context drawn from the Court of Appeal decision in Wislang:1 (a) To punish the practitioner. (b) As a deterrent to other practitioners. (c) To reflect the public’s and the profession’s condemnation or opprobrium of the practitioner’s conduct. [12] Counsel also subm...

3. VG v AB LCRO 263 / 2011 (10 May 2013) [pdf, 108 KB]

   ...revision, where the bill had already been subject to revision. Section 151 of the Act provided that the court shall not make an order for the reference of a bill for revision except in special circumstances (emphasis added). [17] The Court of Appeal rejected the trial judge’s finding that a serious risk of injustice was required. Although the three members of the court produced three different tests, they do provide some guidance in ascertaining the meaning of ‘special circumst...

4. Gudgeon - Lot 46 Deposited Plan 8163 Māori Reservation (Nga Pakiaka ki te Iwi Marae) (2016) 54 Takitimu MB 164 (54 TKT 164) [pdf, 326 KB]

   ...been recommended and gazetted, the Crown cannot acquire this land. 4 Muraahi v Phillips - Rangitoto Tuhua 551B and 55B1A2 (Manu Ariki Marae) [2013] Māori Appellate Court MB 528 (2013 APPEAL 528) 5 Grace – Ngarara West A25B2A (2014) 317 Aotea MB 268 (317 AOT 268) http://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?id=DLM356880 54 Takitimu MB 168 [15] In that case the Chief Judge had before him an...

5. BORA Biosecurity Law Reform Bill [pdf, 335 KB]

   ...that the other powers of detention in new ss 107 and 107B fall within the ambit of s 22 of the Bill of Rights Act, however we do not consider that the provisions could be interpreted as authorising “arbitrary detentions”. The New Zealand Court of Appeal has stated that a detention is arbitrary when it is capricious, unreasoned, without reasonable cause: if it is made without reference to an adequate determining principle or without following proper procedures. [4] For this reason arbi...

6. Conviction and sentencing statistical bulletin 2010: An overview of conviction and sentencing statistics in New Zealand [pdf, 81 KB]

   ...(e.g. New Zealand Customs Service, Ministry of Fisheries or the Serious Fraud Office), to when the case is resolved and a sentence may be handed down. A simplified outline of the way a charge moves through the criminal justice system, excluding appeal and review processes, is shown in Figure 1. The shaded area relates to the statistics covered in this Bulletin. 3 http://www.justice.govt.nz/publications/global-publications/c/N...

7. [2021] NZEnvC 151 New Plymouth District Council v Bolton [pdf, 243 KB]

   ...planner wrote to the Council again stating that the Respondents “do not consider there is much merit in meeting to discuss the compliance matters as our focus is on the land use consent process”.12 To date the abatement notice has not been appealed. The new application for consent On 6 September 2021, the Council received a new consent application on behalf of the Boltons to: 13 (a) Establish a rural industry and processing facility at the property; and (b) Change the c...

8. [2023] NZEmpC 87 Riddler v Meridian Energy Ltd [pdf, 239 KB]

   ...proceeding before the Authority between Mr Riddler and that company to which Meridian could be joined. He could have preserved an opportunity to take action that potentially encompassed Meridian by not settling with Fujitsu. That may not have been an appealing prospect if it involved a delay in resolving the personal grievance and increased his costs. Nevertheless, it was an option. [50] I do not accept Ms Hubble’s submission that an approach should be adopted to s 103B tha...

9. Wellington Standards Committee v McGuire [2013] NZLCDT 41 [pdf, 120 KB]

   ...consider a total of $14,700 appropriate. DATED at AUCKLAND this 3rd day of October 2013 D J Mackenzie Chair 9 Baxendale-Walker v The Law Society [2006] 3 All ER 675; and on appeal, [2007] EWCA Civ 233.

10. CL v SC LCRO 218/2015 (6 April 2016) [pdf, 44 KB]

    ...consequence, Mr CL could readily have established that by producing evidence of the time he received the email. [36] Mr NH submits that the LCRO has discretion to extend the time for filing of a review. He argues that as there is no right to appeal a determination of the LCRO other than by way of seeking judicial review, a LCRO should adopt a “clean slate” approach to each case, and with a view to resolving issues such as arise in this case, in favour of the person in jeopardy...