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1. [2015] NZEmpC 182 Juahm Industries Co Ltd v Isnanto [pdf, 103 KB]

   ...a determination, or part of a determination, about whether the Authority may follow or adopt a particular procedure. [13] These provisions have been considered on several occasions. In Employment Relations Authority v Rawlings the Court of Appeal stated: 5 We are satisfied that s 179(5) and 184(1A) are intended to prevent challenge or review processes disrupting unfinished Authority investigations. But once the investigation is over and a determination has been made, there i...

2. MOJ0344.2-factsheet-Affected-by-crime-Nov21-PRINT.pdf [pdf, 654 KB]

   ...your victim impact statement in court at the sentencing hearing. Ask your court victim advisor or police victim liaison officer to ask the judge for you. The judge is required to consider your victim impact statement when sentencing the offender. APPEALS Both the prosecutor and the offender have the right to appeal the verdict and the sentence. This means a higher court will look at the case again. If this happens, the prosecutor will let you know about the process. After court Once...

3. Hugh Grant Sayers - Evidence in Chief [pdf, 5 MB]

   BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANA TRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent STATEMENT OF EVIDENCE OF HUGH GRANT SAYERS ON BEHALF OF MOTITI ROHE MOANA TRUST 25th October 2017 Counsel Acting RB Enright Barrister Level 1, Stanbeth House 28 Customs St East...

4. Tamati v Hond - Paora Aneti 17 & 18 (2022) 446 Aotea MB 184 (446 AOT 184) [pdf, 252 KB]

   ...application could succeed. 2 See for example Proprietors of Mangakino Township v Māori Land Court CA65/99, 16 June 1999; Mikaere – Toto v Te Reti B and C Residue Trust – Te Reti B and Te Reti C [2014] Māori Appellate Court MB 249 (2014 APPEAL 249); Slade – Parengarenga 3G (2014) 87 Taitokerau MB 46 (87 TTK 46); and Nikora v Tūhoe Te Uru Taumatua [2020] Māori Appellate Court MB 248 (2020 APPEAL 248). 3 Klissers Farmhouse Bakeries Ltd v Harvest Bakeries Ltd [1985] 2 NZLR...

5. Apostolakis v Gilbert (Late Interlocutory Applications) [2017] NZHRRT 54 [pdf, 238 KB]

   ...function of the Tribunal. We can see no possible basis for taking the extraordinary step of removing all or part of these proceedings into the High Court. [15.3] If Mrs Apostolakis is unsuccessful in her claim against Mr Gilbert, she has a right of appeal to the High Court. On such appeal she can raise any question of law which then genuinely arises for determination on the facts as ultimately found by the Tribunal. In the meantime the ordinary statutory process must be allowed to...

6. [2010] NZEmpC 145 Young v Bay of Plenty DHB [pdf, 32 KB]

   ...prepare a challenge to the Authority’s determination or, alternatively, that he instructed his solicitor to file a challenge within time. There is no suggestion that either Mr Young or his solicitor was unaware of, or mistaken about, the 28 day appeal period. There is no explanation as to the impossibility or even difficulty of communication with Mr Young while he was attending a conference in Israel. Commonsense dictates that in such circumstances it may generally be expected...

7. BORA Lawyers and Conveyancers Amendment Bill [pdf, 322 KB]

   ...not-for-profit. [6] This is a far more limited approach and if adopted would mean that the s 17 right is not engaged by the proposal. 14. The House of Lords fox hunting decision suggests a possible third approach in the United Kingdom. While the Court of Appeal adopted a similar approach to the Canadian cases, and examined whether the prohibition on fox hunting targeted the “associational character” of the activity, [7] the House of Lords [8] instead appears to have focussed on...

8. [2010] NZEMPC 144 Gilbert v Transfield Services (NZ) Ltd [pdf, 37 KB]

   ...determination by email but stated to Ms Service that this had not happened and requested her agreement to an extension of 1 CA 5A/10. time in the event that Mr Gilbert decided to pursue an appeal of the Authority’s determination, once he had received and studied it. [7] That same day Mr Yukich deposed that he contacted the Authority, reminded them of the request for service by email and requested a copy of the determinat...

9. Guidelines: Counsel for subject person - Personal and Property Rights Act [pdf, 94 KB]

   ...available to carry out the tasks (time and geographical availability). (i) Procedures necessary, that is, mediation; orders made on the papers; directions for hearing; hearing. (j) Review date. (k) Whether orders need to be suspended pending an appeal (s 82). (l) Whether fees for counsel for the subject person should be paid out of the estate or out of the Consolidated Fund. 4.6 Be present for service, if considered appropriate. Note that it is not appropriate for counsel to serv...

10. McGuckin - Whitianga Papa Tupu Ora Whenua Trust (2018) 385 Aotea MB 20 (385 AOT 20) [pdf, 391 KB]

    ...not appoint an individual or body unless it is satisfied that the appointment of that individual or body would be broadly acceptable to the beneficiaries. 385 Aotea MB 24 [22] The leading authority on the appointment of trustees is the Court of Appeal decision Clarke v Karaitiana.3 The Court of Appeal has confirmed that in appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual concerned. In considering those issues, t...