Search Results

1. [2016] NZEnvC 152 Koha Trust Holdings Limited v Constellation Brands New Zealand Limited [pdf, 735 KB]

   ...of a house and its curtilage during the relevant period, was examined. [16] In his submissions on behalf of the Second and Third Respondents, Mr Clark submitted that support was found for the approach by Morris J in Goldfinch, in the Court of Appeal decision in Body Corporate 97010 v Auckland City Council". It is clear however from the paragraphs he cited that the aspect of the complex suite of Body Corporate 97010 decisions there discussed was about an application for an ext...

2. CD and Anor v GH LCRO 98/2013 (3 August 2016) [pdf, 102 KB]

   ...of Review 5 [11] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for t...

3. [2010] NZEmpC 60 Maritime Union of NZ v C3 Ltd [pdf, 28 KB]

   ...the real controversy between the parties, citing Kirton v Prospecdev Holdings Ltd1 and Elders Pastoral Ltd v Marr2. In the latter case the Court had allowed an amendment following final submissions but before delivery of judgment. The Court of Appeal approved at page 384 the approach of the trial Judge which had been as follows: “The general approach therefore, is that even at this late stage the Court should make the amendments sought if they are necessary for the purpose of d...

4. [2023] NZEmpC 147 Reddy v Employment Relations Authority [pdf, 192 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. … (2) For the purposes of subsection (1), the Authority suffers from lack of jurisdiction only where,— (a) in the narrow and original sense of the term ju...

5. [2012] NZEmpC 98 Kelleher v Wiri Pacific Ltd [pdf, 72 KB]

   ...to and including the discontinuance. 8 I can discern no reason in principle why a different approach would apply in this jurisdiction. [10] Ultimately the Court is required to assess what is reasonable in the circumstances. As the Court of Appeal observed in Kroma Colour Prints Ltd v Tridonicatco NZ Ltd, 9 the general rule that a discontinuing party is liable for costs on discontinuance (provided for in r 15.23) may be displaced “if there [are] just and equitable circumsta...

6. ABR v ZYN and ZYM [2013] NZDT 35 (20 May 2013) [pdf, 91 KB]

   ...phrase “full particulars” of the loss used in a policy wording has been interpreted to mean “the best particulars the assured can reasonably give”. In Challenge Finance Ltd v State Insurance General Manager [1982] 1 NZLR 762, the Court of Appeal referred to a statement from Halsbury’s Laws of England: “The particulars [of loss] required necessarily vary according to the nature of the insurance. They must be furnished with such details as are reasonably practicable. Whet...

7. TG v Tangilanu [2012] NZIACDT 17 (8 May 2012) [pdf, 90 KB]

   ...publication, or non-publication of decisions. However, for a professional disciplinary body in contemporary New Zealand to operate without its decisions being available to the public would be a truly exceptional situation. [35] The Court of Appeal in R v Liddell [1995] 1 NZLR 538 at 546 per Cooke P said, in relation to the question of name suppression: “[T]he starting point must always be the importance in a democracy of freedom of speech, open judicial proceedings, and the righ...

8. Croft v Hing - Motatau 5E14B3B (2017) 162 Taitokerau MB 155 (162 TTK 155) [pdf, 199 KB]

   ...when she met with Court staff on 11 November 2016. She argues this caused the delay in filing the application. 4 Henare v Māori Trustee – Parengarenga 3G [2012] Māori Appellate Court MB 1 (2012 APPEAL 1). 5 Ibid. 6 Te Ture Whenua Māori Act 1993, s 43(5). 162 Taitokerau MB 158 [13] The Court file shows that minutes from the final hearing were not distributed until 18 November 2016. There is nothing to suggest that Mrs...

9. [2017] NZEmpC 128 ALA v ITE [pdf, 242 KB]

   ...and/or non-publication order is appropriate, given the nature of responsibilities or other features of a particular party. Then, if a party is dissatisfied with the way in which the jurisdiction is exercised, that person may test that conclusion on appeal. [57] In the case of the first compliance order, ITE exercised his rights, seeking leave to appeal on a point of law to the Court of Appeal, which was declined; 16 and to the Supreme Court, which was also declined. 17 Neithe...

10. BORA Civil Defence Emergency Management Amendment Bill [pdf, 308 KB]

    ...new section impairs the rights no more than reasonably necessary as Recovery Managers may only require information ‘reasonably necessary’ for the purpose of the section. The section is additionally subject to provisions in the Act providing an appeals process, exempting personal medical or legally privileged information from mandatory disclose or seizure, and limiting the use of disclosed information to the purposes of the Act; [4] and • the limits are in proportion to the importan...