Search Results

1. [2014] NZEmpC 108 Hamon v Coromandel Independent Living Trust [pdf, 81 KB]

   ...in this Court is that costs will follow the event and usually an award will be made amounting to 66 percent of the actual and reasonable costs incurred by the successful party. These principles have now been well established in three Court of Appeal decisions dealing with the issue of costs in this Court; Victoria University of Wellington v Alton-Lee, 3 Binnie v Pacific Health Ltd, 4 and Health Waikato Ltd v Elmsly. 5 The principles have recently been reconfirmed by the Court...

2. Apostolakis v Attorney-General No. 1 (Strike-Out Application) [2017] NZHRRT 52 [pdf, 182 KB]

   ...Mrs Apostolakis. That order was made on 15 September 2006. Subsequently, on 13 October 2009 judgment was given in the Family Court in relation to matrimonial property proceedings between the couple. While Mrs Apostolakis may have endeavoured to appeal the 13 October 2009 decision, that appeal was abandoned. See Apostolakis v Kolich [2012] NZHC 212 at [45]. That judgment contains a description of certain events which flowed from the 13 October 2009 judgment, events which have no direc...

3. Arms (Firearms Prohibition Orders) Amendment Bill (No 2) [pdf, 187 KB]

   ...House of Representatives - 2020 a. the need for the Commissioner to be of the opinion that it is necessary, in the public interest, to make a FPO; b. that the Commissioner is not able to delegate the ability to make a FPO; c. the ability to appeal the Commissioner’s decision to the District Court under s 62 of the principal Act; and d. that FPOs are revocable at any time. 21. Conversely, there are factors that suggest the impairment on the right of freedom of association is...

4. Taueki - Horowhenua 11 (Lake) (2016) 363 Aotea MB 114 (363 AOT 114) [pdf, 158 KB]

   ...[2] For over 10 years the Nursery buildings have been occupied by Ms Taueki’s brother Mr Phillip Taueki. Mr Taueki’s occupation has been the subject of previous litigation. On 4 November 2015 I made the following orders (subsequently upheld on appeal): 1 1. Pursuant to Sections 19 and 20 of the Te Ture Whenua Māori Act 1993:- a. That the Respondent, Mr Phillip Dean Taueki (together with his agents, servants, invitees, licencees or workmen) immediately remove themselves and the...

5. Murphy - Estate of Lizzie Turner Tau [2013] Chief Judge's MB 48 (2013 CJ 48) [pdf, 564 KB]

   ...where she gave sworn evidence. To suggest that it was not her intention to transfer her interests in the other (14) blocks is a moot point. She had the opportunity to contest/object to the transfers at the hearing and also after the hearing by way of appeal. The evidence is clear that she did not pursue the matter. 1 2011 Chief Judge's 1.1B 254-256 (2011 CJ 254) 2013 Chief Judge's MB 50 Consideration of whether matter needs to go to full hearing 17. In this Case Manager&...

6. Hunia v Hunia - Whiritoa Rangitaiki 603B4B2 Block (2020) 247 Waiariki MB 27 (247 WAR 27) [pdf, 206 KB]

   ...says is now long outstanding for repayment. [19] With the Family Court proceedings currently on foot concerning the Will of the deceased, there are limits on what can be achieved through this Court, pending the resolution of that claim and any appeals. Even so, it seems probable that the debt to Keld will be proven and is likely to remain the largest single estate liability, pending the outcome of the challenge to the Will. 8 Affidavit of Respondent Keld Hunia in Support of Notice...

7. Complaints Assessment Committee 409 v Andrew Rankin [2017] NZREADT 78 [pdf, 186 KB]

   ...of the date of this decision [39] We make no order as to payment of compensation. [40] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal 2017 NZREADT 78 - Rankin - Penalty rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High...

8. Winitana v Wairoa Waikaremoana Maori Trust Board - Lake Waikaremoana [2021] Chief Judge's MB 615 (2021 CJ 615) [pdf, 568 KB]

   ...the word “person” used in s2ss2(e)&(f) Maori Affairs Act 1953 can only mean a human Maori with blood context (see Explanatory note Maori Purposes Bill 1960 front page Appendix “C”). 5) My client has resolved that rather than appeal immediately Justice Ellis’s judgment, the better course of action to take is to seek this s45/93 challenge to Judge Savage’s March 10 2000 decision, thus dealing with the perceived s77/93 time bar issues stated by Justice Ellis [s...

9. [2015] NZEmpC 8 Q v Commissioner of Police [pdf, 110 KB]

   ...principles of open justice, the effect of which is that, except to the extent that any legitimate exception is made out, courts are required to dispense justice in public. 8 In Broadcasting Corporation of New Zealand v Attorney-General the Court of Appeal held: 9 Despite the importance attached to these basic concepts there have been occasional situations of a particularly pressing kind which have led to a court sitting in camera. Sometimes there has been statutory authority fo...

10. Devon v Devon - Succession to Hone Ihaka Devon [2024] Chief Judge's MB 201 (2024 CJ 201) [pdf, 271 KB]

    ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.2 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [19] The Court of Appeal has confirmed that the power under s 44(1) falls into two parts:3 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court or the R...