Search Results

1. [2023] NZEmpC 54 Halse v Employment Relations Authority [pdf, 215 KB]

   ...determination. This was because the rights or interests of the only parties affected by the decision under challenge were no longer affected by it. [8] Mr Watson, however, properly pointed out that by analogy to authorities concerning moot appeals, the Court likely retained its discretion to hear the present judicial review application if, for example, it concerned a matter of public importance. Mr Watson noted that Mr Halse had asserted there was indeed an ongoing public inter...

2. [2021] NZEmpC 109 Jackson v The Aorere College Board of Trustees [pdf, 182 KB]

   ...special leave, although the reasons for this are unclear.2 And the Court has a discretion to refuse special leave, even where one or more of the factors listed in s 178(2)(a)-(c) are made out. [5] I note one further point. The Court of Appeal recently touched on the scope of s 178 in A Labour Inspector (Ministry of Business, Innovation and Employment) v Gill Pizza. There the Court observed that:3 removal under s 178 is contemplated in relatively limited circumstances, wi...

3. Family-Court-Associates-expression-of-interest-form [pdf, 251 KB]

   ...Please indicate the extent of your experience in the following courts and jurisdictions by clicking the boxes and providing detail where indicated: Court Civil Criminal Details, including approximate number of appearances Supreme Court Court of Appeal Court Civil Criminal Details, including approximate number of appearances High Court Appellant work High Court District Court Youth Court Environment Court Employment Court Māori Land Court Tribunals (specify) 4...

4. [2024] NZEnvC 137 Auckland Council v Sharma [pdf, 242 KB]

   ...s317, the Council is to serve the respondents by email at Prameet.sharma23@yahoo.com and rajnitasharma@yahoo.co.nz, and by serving to their counsel by email. The orders shall take effect from when they are served by this method; and (4) the appeal is otherwise dismissed. B: Costs are reserved. REASONS Introduction [1] On 18 July 2022, the Council applied for enforcement orders under s314(1)(a)(i) of the RMA against the respondents. The orders sought relate to the responden...

5. Family Court Associates expression of interest form 2024 [pdf, 280 KB]

   ...Please indicate the extent of your experience in the following courts and jurisdictions by clicking the boxes and providing detail where indicated: Court Civil Criminal Details, including approximate number of appearances Supreme Court Court of Appeal Court Civil Criminal Details, including approximate number of appearances High Court Appellant work High Court District Court Youth Court Environment Court Employment Court Māori Land Court Tribunals (specify) 4...

6. [2024] NZEmpC 111 Citadel Capital Ltd v Miles [pdf, 193 KB]

   ...[2011] NZEmpC 10 at [7]. Similar principles apply in the District Court’s accident compensation appellate jurisdiction, see Bellamy v Accident Compensation Corporation [2022] NZACC 17. [12] In the same set of proceedings, the Court of Appeal similarly held: “As the respondent was represented by her mother, a lay person, she is not entitled to costs.”9 [13] In the present case, Mr Miles was represented, so he was not a litigant in person. He was not represented by a...

7. [2024] NZEnvC 132 Greenacres Waiheke Limited v Auckland Council [pdf, 227 KB]

   ...along with the solid organic waste from septic tanks and grease traps from properties that are connected to the Owhanake Wastewater Treatment Plant. [2] The respondent issued the appellant with an abatement notice on 23 April 2021. The appellant appealed and applied for a stay of abatement notice on 17 May 2021. [3] By Minute of the Environment Court dated 26 May 2021 a stay of abatement notice was granted on an interim basis until 30 June 2021 to enable Court-assisted mediatio...

8. [2023] NZEmpC 167 Ling v Super Cuisine Group Ltd [pdf, 190 KB]

   ...costs? (c) Should costs be increased or decreased? Should costs be ordered? [6] The Employment Court has a discretionary power to make orders in relation to costs under cl 19 of sch 3 to the Employment Relations Act 2000. [7] The Court of Appeal stated the starting point for decisions relating to costs in Victoria University of Wellington v Alton-Lee:3 3 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA) at [48]. The primary principle is that costs f...

9. [2024] NZEnvC 223 Greenacres Waiheke Limited v Auckland Council [pdf, 167 KB]

   ...along with the solid organic waste from septic tanks and grease traps from properties that are connected to the Owhanake Wastewater Treatment Plant. [2] The respondent issued the appellant with an abatement notice on 23 April 2021. The appellant appealed and applied for a stay of abatement notice on 17 May 2021. [3] By Minute of the Environment Court dated 26 May 2021 a stay of abatement notice was granted on an interim basis until 30 June 2021 to enable Court-assisted mediation...

10. [2024] NZEmpC 191 The Truck Co Ltd v Hakaraia [pdf, 188 KB]

    ...defers that. The challenge is at a very early stage and will likely not be heard until the first part of next year. That means that the defendant will not have access to the money awarded in his favour for some considerable time. [13] The Court of Appeal has accepted that the apparent strength of an appeal can be relevant in determining an application for a stay but also indicate in the same judgment that the merits must be sufficiently obvious to be treated as a critical factor.6...