Search Results

1. [2020] NZEmpC 54 Bennett v Employment Relations Authority [pdf, 279 KB]

   ...on review (1) Except on the ground of lack of jurisdiction or as provided in section 179, no determination, order, or proceedings of the Authority are removable to any court by way of certiorari or otherwise, or are liable to be challenged, appealed against, reviewed, quashed, or called in question in any court. (1A) No review proceedings under section 194 may be initiated in relation to any matter before the Authority unless— (a) the Authority has issued a determination un...

2. Memorandum of counsel in support of waivers 9 April 2020 [pdf, 250 KB]

   ...the relief sought). As the Court is aware, the Transport Agency has previously filed two affirmations of Lonnie Dalzell, project manager, which explain that point and give further background relating to the Project and its urgency, in the context of appeals against the notices of requirement (ENV-2019-WLG-069/070); the affirmations were dated 16 October 2019 and 11 February 2020. Page 3 6. Counsel are grateful for the Minute recording the Court’s awareness of the importance at...

3. [2020] NZEmpC 74 New Zealand Post Primary Teachers’ Association Inc v Secretary for Education [pdf, 237 KB]

   ...Court Rules, requiring the pleading to state propositions of law or matters like the burden of proof. 2 See Hoyle v Hoyle [2016] NZHC 3120 at [59]-[60]. This was case was partially overturned on appeal, but not on this point: Hoyle v Hoyle [2017] NZCA 516. 3 Letang v Cooper [1965] 1 QB 232 (CA) at 242-243. [43] There was sufficient information in the pleadings to alert the defendants to the nature of the case to be answer...

4. A modern and victim focussed Act [pdf, 393 KB]

   ...family violence not being properly recognised and may leave victims without adequate safety arrangements. There is evidence that the judiciary does not always take these behaviours into consideration, as was seen in the recent case where the Court of Appeal found the Family and High courts erred in recognising family violence.3 20 To address this, the Bill makes amendments to the definition of family violence in order to include more detail on the types of behaviours which form psycholog...

5. [2018] NZEmpC 156 NZ Tramways and Public Passenger Transport Employees’ Union (Wellington Branch) v Cityline (NZ) Ltd [pdf, 272 KB]

   ...[38]. 6 AFFCO NZ Ltd v NZ Meat Workers and Related Trades Union Inc at [44]. 7 New Zealand Airline Pilots Assn Inc v Air New Zealand Ltd [2014] NZEmpC 168, [2014] ERNZ 709 at [14]. While the outcome of this case was reversed by the Court of Appeal in Air New Zealand Ltd v New Zealand Air Line Pilots’ Assoc Inc [2016] NZCA 131, 2016] 2 NZLR 829, this statement of the law was not disturbed. operates and employs drivers, and is consistent with drivers having a Hutt Valle...

6. [2020] NZIACDT 23 - Y(O)R v Tian (8 June 2020) [pdf, 135 KB]

   ...that there is a potential or actual conflict of interest relating to the client, the adviser may only represent or continue to represent the client where the client gives written consent. Futile immigration matters 9. If a proposed application, appeal, request or claim is futile, grossly unfounded, or has little or no hope of success, a licensed immigration adviser must: 8 Z v Dental Complaints Assessment Committee, above n 7, at [97], [10...

7. Proposed Joint Statement of Experts in Lieu of Caucusing [pdf, 396 KB]

   1 BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 IN THE MATTER of the Resource Management Act 1991 AND of an appeal under Clause 14 of the First Schedule of the Act BETWEEN TRUSTEES OF MOTITI ROHE MOANA TRUST Appellant AND BAY OF PLENTY REGIONAL COUNCIL Respondent ___________________________________________________________________ JOINT STATEMENT OF ECOLOGICAL EXPERTS IN LIEU OF CAUCUSING 2...

8. [2021] NZIACDT 18 - CL v Khetarpal (10 August 2021) [pdf, 242 KB]

   ...complainant, a national of India, was in New Zealand on a visitor visa, with her husband and daughter. [5] Ms Khetarpal, a licensed immigration adviser, was a director of Ivisas Ltd, of Auckland. Her licence had been cancelled on 16 February 2016. On appeal to the District Court, it issued an interim order on 22 March 2016 allowing her to practice subject to supervision, including a condition that she inform her clients that she was providing advice pursuant to an interim order....

9. LCRO 63/2021 FB v LK (31 May 2021) [pdf, 166 KB]

   ...review application proceeding further. 11 Abuse of process [67] The meaning and application of “abuse of process” has been widely considered by the Courts. Some useful themes emerge. [68] In Moevao v Department of Labour the Court of Appeal held that the underlying objective of the abuse of process doctrine is the maintenance of public confidence in the administration of justice.12 [69] In the United Kingdom, Lord Bingham said the following:13 The underlying public in...

10. [2023] NZIACDT 15 - TC v MacLeod (1 May 2023) [pdf, 136 KB]

    ...residence application for the complainant and his family. It incorporated a business plan (BP). Immigration New Zealand (Immigration NZ) declined the residence visa on 29 September 2016 as it was not satisfied the business was trading profitably. An appeal to the Immigration and Protection Tribunal was declined on 13 July 2017. [8] On 17 January 2019, a second entrepreneur residence application was filed on behalf of the complainant and his family. Immigration NZ sent a letter...