Search Results

1. [2007] NZEmpC AC 5A/07 Ali'imatafitafi v CE of the Department of Corrections [pdf, 91 KB]

   ...defendant, the plaintiff was dismissed on 17 December 2002 and the test for justification in s103A of the Employment Relations Act, which came into force on 1 December 2004, does not apply. Consequently the test is that contained in the Court of Appeal’s judgment in W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448, 457. The issue for the Court is whether the defendant has, on the balance of probabilities, discharged the onus of showing that the decision to dismiss the plaintiff...

2. Wellington Standards Committee v Sawyer [2013] NZLCDT 47 [pdf, 84 KB]

   ...the third charge. [3] At the conclusion of the hearing, the Tribunal reserved its decision as to all matters. Background 1. July 2004 misconduct [4] This matter, which has been the subject of considerable litigation (High Court, Court of Appeal and Supreme Court decisions having been delivered) arose when the practitioner represented clients in respect of the sale of a portion of their rural property. In 2001 the property had been subdivided and as part of that subdivision...

3. Deputy Registrar - Orongotea B no 1 (2008) 125 Whangarei MB 36 (125 WH 36) [pdf, 4.7 MB]

   ...classes of alienees: section 147 A and 152(1 )(t). This goes to the heaIt of the Act. The legal and social impOliance of the alienation confirmation provisions of the Act have been emphasised in many Court decisions including decisions of the COUli of Appeal in Valuer General v Mangatu Inc. [1997] 3 NZLR 641 and Bruce v Edwards [2003]1 NZLR 515. In the earlier decision the President of the COUli of Appeal observed: 125 Whangarei MB 43 "The 1993 Act imposes vety significant co...

4. McLelland - Ngati Hine H2B (2011) 21 Taitokerau MB 57 (21 TTK 57) [pdf, 194 KB]

   ...analysis of the then legislation relating to meetings of assembled owners shows that the requirement for resolutions to be formally moved was very limited. [51] Today‘s legislation concerning meetings of assembled owners – which the Court of Appeal in Clarke v Karaitiana recently observed carry a greater degree of formality than meetings of beneficial owners of a trust 11 - recognises that technical irregularities do not automatically defeat the outcome of meetings. Regulatio...

5. Directory of Official Information G-I [pdf, 837 KB]

   ...established in March 2004 under the Gambling Act 2003. Functions and responsibilities The Commission is an independent statutory decision-making body established under the Gambling Act 2003. The Commission hears casino licensing applications and appeals on licensing and enforcement decisions made in relation to gaming machines and other non- casino gambling activities. The Gambling Commission has the powers of a Commission of Inquiry. Its functions are wide-ranging, and include the f...

6. [2021] NZEnvC 191 Kapiti Coast District Council [pdf, 919 KB]

   ...the need to retain connectivity for those who require different transport options. The earliest that decisions could be made on submissions on PClA is typically 9 to 12 months from the date of public notification of those proposed amendments. If appeals are lodged against any of the decisions on PClA the operative date for the rules could be delayed by months pending resolution of the appeals.3 [4] The Council lodged an affidavit sworn by Christine Anne Foster (a resource manageme...

7. Wharekawa - Succession to Rewi Maniapoto (Manga) [2021] Chief Judge's MB 1170 (2021 CJ 1170) [pdf, 402 KB]

   ...substantial evidence proving that Rawinia Ashwell should have been included in that order. On the evidence submitted, the applicant failed to establish 7 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 8 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 9 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2021 Chief Judge’s MB 1183 the Court made an error.10 After noting the relevant legislation (under which the orders were made) gave the Court a wide discretion, the C...

8. Ellison v Jones - Estate of Daniel Ellison [2021] Chief Judge's MB 150 (2021 CJ 150) [pdf, 366 KB]

   ...flaw identified, either 7 Ashwell - Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209-225 (2009 CJ 209) and Tau v Nga Whanau O Morven & Glenavy - Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 2021 Chief Judge’s MB 163 through the production of evidence not available or not known at the time the order was made or through submissions on the law. [22] Section 47 of the Act provides for the remedy of consequent...

9. National Standards Committee 1 v Haines [2022] NZLCDT 10 (8 April 2022) [pdf, 551 KB]

   ...he pleaded guilty in late June or early July of that year that he would need to retire from practice, at least temporarily. He made an arrangement with the New Zealand Law Society (NZLS) in order to appear in July 2018 for Mr M in the Court of Appeal. He says the outcome of that case was that once again Mr M managed to avoid bankruptcy. [33] On 22 June 2018 Mr Haines sent a lengthy email to Mr M, copied to Mr B, who is Mr M’s brother-in-law, and a trustee of at least one of his...

10. Proactive-release-Sentencing_Reinstating-three-strikes_Amendment-Bill.pdf [pdf, 788 KB]

    ...warning that is to occur at sentencing; 11.3 requiring the court to state both the sentence and any minimum period of imprisonment that the court would have imposed but for the three strikes regime, which is essential for information gathering and appeals processes; and 11.4 clarifying that post-conviction orders under section 34(1)(a) and (b) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (CPMIP Act) are still available where the three strikes regime applies, ex...