Search Results

1. [2012] NZEmpC 192 Sayers v S B McPherson Holdings Ltd [pdf, 71 KB]

   ...and the merits. However, in my judgment in McLeod v National Hearing Care (NZ) Ltd, 2 I made the observation that, in my view, in cases like the present where the Court is dealing with a hearing de novo rather than with a traditional type of appeal, the significance of the merits factor should not be overstated. [11] The principal reason for the delay is explained in the application for leave in these terms: A witness for whom a summons had been issued for the ERA hearing bu...

2. [2008] NZEmpC AC 22/08 NZ Amalgamated Engineering Printing and Manufacturing Union v Marley NZ Ltd [pdf, 80 KB]

   ...the parties in Parkes had. Instead they used the term “appropriate rate” which was quite different to that used in Parkes and that difference must be given proper weight. [26] As invited to by the Court, Mr Wilton addressed the Court of Appeal’s decision in Radio New Zealand Ltd v Clark [1993] 1 ERNZ 270 at 271 in a subsequent memorandum. In Clark the Court of Appeal had held that both the Employment Court and the Employment Tribunal had placed too much emphasis on inter...

3. [2006] NZEmpC CC 2A/06 Rawlings v Sanco NZ Ltd [pdf, 32 KB]

   ...de novo (that is by “a full hearing of the entire matter” that was before the Authority), I must determine the just nature and scope of the challenge. As to its nature, I have determined that the challenge should be akin to a conventional appeal. That is, there will be an onus on Mr Rawlings to persuade the Court that the Authority’s determination on the information that was before it, was wrong. That is a narrower form of challenge than by hearing de novo in which the Cour...

4. Jury v Korff - Rural Sec. 46 Blk. V Waitara East Sub. A (2023) 476 Aotea MB 28 (476 AOT 28 [pdf, 223 KB]

   ...with interests at Waitara. [12] At the hearing direct evidence was given about the status of Ngāti Rāhiri with respect to the whenua.3 2 Nicholas v Kameta – Estate of Whakaahua Walker Kameta [2011] Māori Appellate Court MB 500 (2011 APPEAL 500), at [56]-[57]. 3 473 Aotea MB 84-101 at 90-93. 476 Aotea MB 31 T Fowlie: So before that land was granted to those people listed, our family were, we were of Tikorangi domicile, that’s where we lived, but through a Court o...

5. McGregor v Hutchison - Mangamaire B13A Trust (2015) 40 Tākitimu MB 19 (40 TKT 19) [pdf, 176 KB]

   ...to carry out the duties of a trustee satisfactorily; or (b) Because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [7] In terms of authorities I refer to the Court of Appeal decision Rameka v Hall, the reasoning of which I adopt here. 3 Discussion [8] This is an uncomplicated case. The respondent has been convicted, as described by Judge Davis in the Napier District Court, “of receiving in terms that...

6. CAC 10037 v Walker [2011] NZREADT 4 [pdf, 84 KB]

   ...the commencement of the 2008 Act on 17 November 2009 s 172 of the 2008 Act applies and we cannot make such an order, see CAC v Dodd (above) at para 65. [29] In accordance with s 113 of the Act the Tribunal advises the parties of the right to appeal this decision to the High Court pursuant to s 116 of the Act. DATED at WELLINGTON this 21 st day of April 2011 ______________________________ Judge Michael Hobbs Chairman ______________________________ J Robson Me...

7. QA v IZ & Anor LCRO 219/2014 (31 March 2015) [pdf, 37 KB]

   ...imposes obligation on an applicant to file their application promptly. This is intended to ensure that the statutory objective of having complaints dealt with expeditiously is achieved. 4 Customs Appeal Authority No 29/208 (1999) 1 NZCC 51, 128 (CAA). 5 KX v WA LCRO 84/2012. 6 [33] The provisions of s 198 of the Act are stated in mandatory terms and there is no statutory discretion to ameliorate their harshness. I accept thi...

8. Amai - Ruawahia 2B (2006) 297 Rotorua MB 135 (297 ROT 135) [pdf, 375 KB]

   ...fact, that the initial application for directions filed by himself and Mr Patterson was dismissed. I do not understand how that can possibly be relevant. [27] Under the circurnstances if Mr Perenara wishes to take the matter further either on appeal or review he is quite entitled to do so, but there is no good reason why the orthodox processes of this Court's operation should not take effect. [28] The application is to be fixtured in terms of my directions above. Dated at thi...

9. [2022] NZEmpC 80 A Labour Inspector of the Ministry of Business, Innovation and Employment v Samra Holdings Ltd T/A Te Puna Liquor Centre [pdf, 226 KB]

   ...135, [2017] 1 NZLR 310 at [2] in relation to the principle generally; in relation to access to Court documents, see the discussion in Commissioner of Police v Doyle [2017] NZHC 3049; and Berry v Crimson Consulting Ltd [2017] NZHC 3026 upheld on appeal in Crimson Consulting Ltd v Berry [2018] NZCA 460, [2019] NZAR 30. (e) the principle of open justice (including the encouragement of fair and accurate reporting of, and comment on, court hearings and decisions): (f) the fre...

10. Sandra Barns - Evidence in Chief [pdf, 297 KB]

    MHH-133911-694-778-V3:mhh BEFORE THE ENVIRONMENT COURT AT AUCKLAND IN THE MATTER: of the Resource Management Act 1991 AND IN THE MATTER: of appeals pursuant to clause 14 of the First Schedule to the Act BETWEEN MOTITI ROHE MOANA TRUST (ENV-2015-AKL-000134) NGATI MAKINO HERITAGE TRUST (ENV-2015-AKL-000140) NGATI RANGINUI IWI INCORPORATED SOCIETY (ENV-2015-AKL-000141) Appellants AND BAY OF PLENTY REGIONAL COUNCIL Respondent AND...