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  1. CAC10027 v Brankin [2013] NZREADT 32 [pdf, 121 KB]

    ...consider that any interest the defendant may have in non-publication does not outweigh the public interest in open reporting and transparency in our processes. [107] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr G Denley Member ____________________________...

  2. [2021] NZREADT 36 - Lindsay-Penalty (13 July 2021) [pdf, 279 KB]

    ...contribution to its costs. This payment is to be made to the Authority within 20 working days of the date of this decision. [98] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. _________________ Hon P J Andrews Chairperson ________________ Mr G Denley Member __________...

  3. RIA - Prohibition of Conversion Practices [pdf, 355 KB]

    ...significantly to the Tribunal workload. Unknown Low Ministry of Justice Costs include court proceedings and legal aid. It is not possible to predict the number of cases per year that would be heard by the District Court or the number of appeals of Tribunal decisions to the High Court. The impacts of the regulatory changes are expected to be minor as the number of conversion practices cases would be a small proportion of the overall court volume. Unknown Low Wi...

  4. [2011] NZEmpC 71 Gaut v BP Oil [pdf, 174 KB]

    ...Turner. All the witnesses appeared to be doing their best to accurately recall for the Court the relevant events which had, of course, occurred over two years previously. [33] Both parties accepted the legal principle as stated by the Court of Appeal in Waitemata District Health Board v Timu 2 that “obscene or abusive language” could be capable of being regarded as serious misconduct justifying dismissal. Responsibly, Mr Jackson did not try to dispute that if Mr Gaut had use...

  5. Beauchamp 30 March 2014 NZSHD 4 [pdf, 103 KB]

    ...in order. [132] The cancellation of his licence will therefore take effect 30 days from the date of this Decision. [133] If the District Court considers that a stay of the cancellation of the licence would be desirable to allow a hearing of any appeal before the cancellation takes effect, the cancellation may take effect at the expiry of such additional time as the Court decides. 21 [134] The Authority notes that under s.16(5) of the Act a licence holder commits an offence a...

  6. Rata v Rata - Takahiwai 5F1 [2023] Chief Judge's MB 60 (2023 CJ 60) [pdf, 262 KB]

    ...Court should correct these orders to give effect to the intentions of Wharehau and Waikohua Rata, as well as to maintain the interests of justice. 10 2009 Chief Judge’s MB 209-225 (2009 CJ 209-225). 11 2010 Maori Appellate Court MB 167 (2010 APPEAL 167). 2023 Chief Judge’s MB 74 [18] The applicant explains that the will, made on 18 August 1977, predated the orders made on 12 October 1979 and confirmed 17 March 1981. These orders were based on a family arrangement in whi...

  7. Mokaraka - Waima C8 (2019) Chief Judge's MB 1137 (2019 CJ 1137) [pdf, 419 KB]

    ...2 Ashwell - Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) at [15] 3 Tau v Nga Whanau O Morven & Glenavy - Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) at [61] 2019 Chief Judge’s MB 1159 Was there a mistake or omission in the presentation of the facts of the case to the Court? [15] I received evidence that Miha Maihi Mokaraka, Anne Edith Foster, David Mokaraka, Martha W

  8. [2016] NZEmpC 74 Tairawhiti District Health Board v NZ Nurses Organisation Inc [pdf, 275 KB]

    ...For a consideration of the principles of contract interpretation as applied to collective agreements, see New Zealand Airline Pilots’ Assoc v Air New Zealand Ltd [2014] NZEmpC 168 at [10]-[21]. (While the conclusion in this case was reversed on appeal, the principles of interpretation as expressed in the judgment were affirmed). the collective agreement itself. I deal first with this factor, which arguably favours the plaintiff’s interpretation. [37] The collective agr...

  9. Corrigan - Ngatihine H2B (2014) 71 Taitokerau MB 72 (71 TTK 72) [pdf, 210 KB]

    ...way those policies are being implemented, but in order to see whether a policy is working at ground level in the best interest of the beneficiaries the Court can hardly avoid some consideration of particular operational matters. the Court of Appeal commented on this Court’s extensive powers to review a trust: [22] There is indeed a danger that by concentrating too much on detail the Court could distract itself from the real issues facing a trust, which may require its direction,...

  10. MLC March 2020 National Panui [pdf, 492 KB]

    ...APPLICANT: SUBJECT: A20190011273 58/93 Miha Mokaraka, Anne Thompson, Ida Morgan, Martha Waiti, Barney Mokaraka, David Mokaraka, John Mokaraka Pani Mokaraka - and orders made at 2019 Chief Judge's MB 1137-1161 on 1 November 2019 - Notice of Appeal A20190011345 45/93 George Blake CJ 2019/42 - George Blake also known as Hemopereki Meremere or James Hemopereki Meremere Blake - and an order made at 8 Registrar's (Waiariki) MB 66 on 23 December 1996 - Application to the Chief...