Search Results

1. Auckland Standards Committee v Eichelbaum [2014] NZLCDT 23 [pdf, 33 KB]

   ...Having referred the Tribunal to a number of the criminal cases underlying the law as to name suppression, Ms Davenport QC takes the Tribunal to three cases where name suppression has been refused by the Tribunal (and in the case of Hart1 upheld on appeal). In the other two cases namely Hirschfeld2 and Hill3 and also in a further case not referred to by counsel, Hall4 [9] The Hart matter was somewhat different but what was declined in that case was the submission that a practitioner...

2. 1982 Official Information Act charging guidelines [pdf, 28 KB]

   ...1982 provides that the Ombudsman may investigate and review any decision on the charge to be paid in respect of a request for access to official information. When informing applicants of charges to be paid, organisations should point out this right of appeal to the Ombudsman. 10.2 A record should be kept of all costs incurred. Wherever a liability to pay is incurred the applicant should be notified of the method of calculating the charge and this fact noted on the record. 11. OMBUDSMAN INVEST...

3. [2024] NZEmpC 101  Auckland One Rail Limited v Rail and Maritime Transport Union [pdf, 286 KB]

   ...principles to apply. Interim injunction principles [12] There was no dispute about the principles to apply in considering the plaintiff’s application. They were authoritatively stated in NZ Tax Refunds Ltd v Brooks Homes Ltd where the Court of Appeal said:1 The approach to an application for an interim injunction is well established. The applicant must first establish that there is a serious question to be tried or, put another way, that the claim is not vexatious or frivolou...

4. Clarkson - Mangaraire B No 2 (2016) 55 Takitimu MB 161 (55 TKT 161) [pdf, 304 KB]

   ...section 165 of this Act, section 4A of the Maori Vested Lands Administration Act 1954, and section 10 of the Maori Reserved Land Act 1955. [15] A relevant authority is the Māori Appellate Court decision Phillips v Ashby – Oromahoe 17B2. 1 That appeal concerned a gifting of shares between siblings. It was argued by the appellant that tikanga Māori required the approval of the relevant hapū to any gifting of shares. [16] On that point the Appellate Court stated: [16] On...

5. [2021] NZACC 22 - Yeo v ACC (2 February 2021) [pdf, 196 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 22 ACR 381/17 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ALEXANDER YEO Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 25 November 2020 Heard at: Dunedin/Otepoti Appearances: Mr P Sara for the appellant Mr C Light for the respondent Judgme...

6. [2014] NZEmpC 195 Davis v Commissioner of Police [pdf, 65 KB]

   ...not lie where they fall, Mr Davis’s financial position is such that any award of costs against him should be limited. [11] In exercising its discretion in the matter of costs, the Court primarily relies upon three decisions of the Court of Appeal; Victoria University of Wellington v Alton-Lee, 5 Binnie v Pacific Health Ltd, 6 and Health Waikato Ltd v Elmsly. 7 [12] Costs will normally follow the event and while all matters pertinent to the issue of costs are to...

7. Taylor v Taylor - Estate of Waerena Taylor (2014) 102 Waiariki MB 258 (102 WAR 258) [pdf, 127 KB]

   ...Māori as a whāngai. For some hapū it is acceptable for a grandchild raised as a whāngai to be 2 Kameta v Nicholas – Estate of Whakaahua Walker [2011] Māori Appellate Court MB 500 (2011 APPEAL 500) 3 Hohua – Estate of Tangi Biddle or Hohua (2001) 10 Waiariki Appellate Court MB 43 (10 APRO 43) 4 Bennett – Estate of Ronald Clifford Bennett (2014) 101 Waiariki MB 290 (101 WAR 290) 102 Waiariki MB 262 entitled to su...

8. BORA-Advice-Residential-Tenancies-Amendment-Bill.pdf [pdf, 260 KB]

   ...for an amount that is greater than two weeks’ rent, or in circumstances other than those permitted by the Bill.5 13. Although infringement offences such as the one the Bill proposes to create do not result in a criminal conviction,6 the Court of Appeal in Henderson v Director of Land Transport New Zealand held that the rights in sections 24 and 25 of the Bill of Rights Act apply to minor offences dealt with under the infringement notice regime.7 14. Strict liability offences such as...

9. Parlane v REAA Registrar [2013] NZREADT 94 [pdf, 176 KB]

   ...(s.52(3)). [27] Lastly, the details of licensees are recorded on the public Registrar of licensees (s.63). The details which must be recorded are fairly comprehensive (see s.66). The Present Application To Us [28] The applicant based his (in effect) appeal to us on the fact that he is a fit and proper person and that the Registrar had refused to apply her discretion in a fair and reasonable manner by: [a] predetermining the application based on historical information she had to hand...

10. Compensation Guidelines for Wrongful Conviction and Imprisonment - Including Home Detention and Military Detention [pdf, 288 KB]

    ...2022-12-05 15:59:26 2 7. Military detention is regarded as a "very strict" regime where discipline and motivation are key factors. The detainee remains a member of the Armed Forces. If a sentence of military detention is overturned on appeal, the person’s forfeited pay and leave entitlements are repaid to them in full. 8. Military detention imposed by a Disciplinary Officer at summary trial is fundamentally a short sentence aimed at correcting conduct which undermin...