Search Results

1. Paerata v George -Tuaropaki A (Mokai Marae) (2022) 284 Waiariki MB 76 (234 WAR 76) [pdf, 233 KB]

   ...that the house belongs to the Mokai Marae Trust. 12 Tihi v Nuku — Ruatoki B Sections 23, 25, 26B, 27, 31, 32, 33B2C2, 38 and 79 and Ruatoki C Sections 11, 12, 15, 17, 18B2, 21, 22B, 23 (Aggregated) [2019] Māori Appellate Court MB 531 (2019 APPEAL 531) at [25]. 13 Tihi v Nuku at [25]. 284 Waiariki MB 82 I whakapuaki i te 10:00am i Rotorua, te tuawha o ngā rā o Noema i te tau 2022. C T Coxhead JUDGE

2. [2024] NZEmpC 49 Chantama v McKerchar Lamb Limited [pdf, 245 KB]

   ...While the two provisions contain different criteria, the authorities relating to r 4.56 and the general principles developed in the High Court may provide useful guidance to inform the exercise of the discretion under s 221.6 [12] The Court of Appeal has observed that the approach to applications for joinder under r 4.56 is liberal and that it imposes a fairly low threshold.7 As has been noted 4 Employment Relations Act 2000, s 221(a). 5 McCook v Chief Executive of the Inland R...

3. Canterbury Westland Standards Committee 1 v Persson [2024] NZLCDT 2 (9 February 2024) [pdf, 96 KB]

   ...undertaken. [17] Ms Town for the Standards Committee refers us to the decision of Davidson 6 to support the proposition that only suspension will provide a satisfactory response to offending at this level. In that case, Mr Davidson was suspended on appeal for a period of nine months. By way of comparison, the nature of the offending was different and, in that case, Mr Davidson had been sentenced to nine months home detention, 200 hours of community work and reparation of $500,000....

4. Family-Court-Associates-position-description-and-appointments-information [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...

5. [2023] NZEmpC 76 McMillan v Resque Corporation 20/20 Ltd [pdf, 194 KB]

   ...preserve the application for sequestration if the Authority’s order remains unsatisfied. That request is dealt with later. [12] In Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre v Denyer (Labour Inspector) the Court of Appeal referred to a range of factors to consider in assessing a fine under s 140(6).5 Those factors are not exhaustive but they include the nature of the default (that is whether it is deliberate or wilful), whether it is repeated, without e...

6. [2024] NZEmpC 102 C v P [pdf, 195 KB]

   ...to more effectually dispose of any matter before it according to the substantial merits and equities of the case, at any stage of the proceedings, of its own motion or on the application of any parties. In Kidd v Equity Realty Ltd, the Court of Appeal stated the language of s 221 is “broad and untechnical.”8 That said, the discretion bestowed by the subsection is one which must be exercised in a principled 2 For example, Lewis v Wilson & Horton Ltd [2000] 3 NZLR 546 (CA)...

7. 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...

8. 20240812-Education-and-Training-Amendment-.pdf [pdf, 226 KB]

   ...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...

9. Re Puia (Rejection of Statement of Claim) [2023] NZHRRT 29 [pdf, 158 KB]

   ...with the agency concerned; or (b) there is an alternative dispute resolution process available to resolve the complaint because of the agency’s membership of a particular profession or industry; or (c) there is an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be reasonable for the complainant to pursue; or (d) the complaint relates to a matter in respect of which a code of prac...

10. [2023] NZEnvC 215 Whangarei District Council v Gorbatchev [pdf, 196 KB]

    ...many exceptions that it could not truly be used as a scale. Nonetheless, experience has shown that many of the Court’s awards have tended to fall within four bands, as follows: (a) no costs, which is normally the position in relation to plan appeals under Schedule 1 to the Act or in cases where some aspect of the public interest counts against any award being made; (b) standard costs, which generally fall between 25 – 33% of the costs actually and reasonably incurred by a succ...