Search Results

1. [2019] NZEmpC 137 Independent Prosperity Ltd v Huang [pdf, 343 KB]

   ...application was based on undue hardship to the company, not concerns about an ability to recoup money paid to Ms Huang if the challenge succeeds. [23] This factor points away from granting a stay. Brought in good faith? [24] Mr Nguy submitted that the appeal was brought in good faith. He emphasised that the company had cooperated in the Authority investigation and in the timetabling for the challenge so that it can be disposed of expeditiously. [25] I accept that the challenge...

2. [2019] NZEnvC 067 Minister for Children v Auckland Council [pdf, 3.3 MB]

   ...contentious; (h) It will be more efficient in terms of cost and time for all parties and interested persons to have the NOR referred directly to the Environment Court, as the matter may come before the Environment Court in any event through an appeal of any decisions made by the Minister; (i) Given this public interest, but also the need for this particular Residence to accommodate 17-year olds by 1 July 2019, it is submitted that it is in the interests of all parties that the p...

3. [2020] NZEmpC 101 McNabb v Silver Fern Farms Ltd [pdf, 196 KB]

   ...8 JRT v RAC [2012] NZFC 1927 at [37]. 9 Criminal Procedure Act 2011, s 200. 10 Hayne, Vice-Chancellor of the University of Otago v ASG [2014] NZEmpC 208, [2014] ERNZ 562 at [37]-[38]. This was upheld by the Court of Appeal and the Supreme Court: [2016] NZCA 203, [2016] 3 NZLR 289, (2016) 15 NZELR 1 at [43]; [2017] NZSC 59, [2017] 1 NZLR 777, [2017] ERNZ 208 at [79]-[80]. 11 Director-General of Social Welfare v Christchurch Press Company Ltd HC Christch

4. Budget 2020 Family Violence and Sexual Violence - Summary of Initiatives [pdf, 680 KB]

   ...specifically to medical or strangulation experts attending court as expert witnesses for the defence. This funding is important to ensure that any judicial process leads to a high-quality decision and reduces the chance that decisions will be subject to an appeal process.  This funding will enable prosecution and defence experts for 869 cases a year, and fund strangulation assessments and reports for 1,333 episodes in the first year and 1,361 from year two. Initiative Vote 201...

5. [2018] NZEmpC 116 Hollinshead v Davey [pdf, 237 KB]

   ...Court will, where relevant, consider:8 (a) the reason for the omission to bring the case within time; (b) the length of the delay; 5 At [64]. 6 See, for example, Avery v No 2 Public Service Appeal Board [1973] 2 NZLR 86 (CA) at 91; An Employee v An Employer [2007] ERNZ 295 (EmpC) at [9]. 7 Almond v Read [2017] NZSC 80 at [37]. 8 Stevenson v Hato Paora College Trust Board [2002] 2 ERNZ 103 (EmpC) at [8]. (c) any prej...

6. Paerau v Bailey - Kauaeroa (2021) 440 Aotea MB 262 (440 AOT 262) [pdf, 255 KB]

   ...indirectly affects any contract in which that person may be interested or concerned other than as a trustee of another trust. [18] The leading authorities on the issues of conflicts of interest are the decisions Naera v Fenwick in the Court of Appeal and the Supreme Court judgment Fenwick v Naera.3 Those decisions are authority for the proposition that a trustee must bring a mind unclouded by external or personal considerations when making decisions as a trustee. Put another way, a...

7. B Tarrant Memo Chief Coroner 02-11-21-V2 [pdf, 114 KB]

   ...disproportionately severe treatment or punishment. 10. By this, he means he was subject to inhuman or degrading treatment whilst on remand, which prevented a fair trial. 11. Counsel is conscious of the major distress such an exercise of his right to appeal may have on the “victims” families, and many parts of society. 12. Nevertheless, carrying out client’s instructions is every barrister’s duty, and whilst this case is likely to be the pinnacle of professional difficulty, ev...

8. [2021] NZEmpC 144 Crossen v Yangs House Ltd [pdf, 191 KB]

   ...of 1 or more issues on which the aided person fails: (e) any unreasonable refusal to negotiate a settlement or participate in alternative dispute resolution: (f) any other conduct that abuses the processes of the court. [10] The Court of Appeal has held that in considering s 45(3) the circumstances said to be exceptional must be “quite out of the ordinary”.4 [11] Mr Brown relied on s 45(3)(a) and (d); that is, a claim that there was conduct that caused the other party to i...

9. Pocock - Allotment 246D1 Waimana Parish (2020) 231 Waiariki MB 273 (231 WAR 273) [pdf, 228 KB]

   ...However, there is consolation in the fact that the land does remain Māori freehold land and will, if put up for sale again, be offered back to the whānau. 8 Karena v Whitefield – Omahu 4C Section 6 [2018] Māori Appellate Court MB 170 (2018 APPEAL 170). 231 Waiariki MB 279 [27] Given the findings above, the Court makes the following order: (i) pursuant to ss 151,152 and 155(1)(a) of Te Ture Whenua Māori Act 1993, the Court confirms the instrument of alienation...

10. [2022] NZEmpC 126 Henderson Travels Ltd v Kaur [pdf, 194 KB]

    ...fails.5 [19] The discretion is broad but must be exercised in the interests of justice. The interests of both parties need to be carefully weighed up. The required balancing exercise in weighing up those interests was summarised by the Court of Appeal in McLachlan v MEL Network Ltd:6 [15] 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 for substantia...