Search Results

1. [2022] NZEmpC 71 GF v Comptroller of the New Zealand Customs Service [pdf, 191 KB]

   ...submits that hybrid claims raise a number of complexities, the law is not clear cut and Robinson was dealt with on the papers and has been distinguished in subsequent cases.6 Reference is also made to the approach adopted by the English Court of Appeal in Ord v Upton,7 where Aldous LJ expressed concerns about whether a cause of action could be split and whether it would be acceptable to require compulsory joinder, which could lead to difficulties when a claim for loss of earnings w...

2. [2023] NZEmpC 84 Pilgrim v Attorney-General [pdf, 180 KB]

   ...135, [2017] 1 NZLR 310 at [2] in relation to the principle generally; and, 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 Berry v Crimson Consulting Ltd [2018] NZCA 460, [2019] NZAR 30. be limited; during the substantive hearing, open justice has greater weight than at other stages of the proceeding and greater weight in relation to documents...

3. CAC402 v Zhang [2016] NZREADT 25 [pdf, 124 KB]

   ...and the fine. 5 [14] We impose the following penalty upon Mr Zhang: (a) We censure Mr Zhang. (b) We fine him the sum of $2,000 to be paid to the Real Estate Agents Authority. [15] The Tribunal draws to the parties’ attention the appeal provisions of s 116 of the Real Estate Agents Act 2008. ______________________________ Ms K Davenport QC Chairperson ______________________________ Mr J Gaukrodger Member ______________________________ Ms...

4. Director of Human Rights Proceedings v Sensible Sentencing Group Trust (Application for Interim Non-Publication Orders) [2013] NZHRRT 14 [pdf, 106 KB]

   ...only for a limited period, whether fixed in the order or to terminate in accordance with the order; or if it is not so made, it shall have effect permanently. (3) If any such order is expressed to have effect until the determination of an intended appeal, and no notice of appeal or of application for leave to appeal is filed or given within the time limited or allowed by or under the relevant enactment, the order shall cease to have effect on the expiry of that time; but if such a notice...

5. LCRO 136/2023 QT v MZ (8 January 2024) [pdf, 220 KB]

   ...scope of review [51] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:6 … 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 that...

6. [2012] NZEmpC 37 Anto v Planet Spice Ltd [pdf, 68 KB]

   ...aid but given “the inherent delays in the application process” a decision on the application for aid would not have been made within the 28-day limitation period. “It would deter many potentially legally aided applicants from pursuing an appeal/rehearing in the Court if they could be held liable for costs, pending a decision of the Agency.” 4. The plaintiff, who had been working part-time as a chef at the time of the Authority hearing, had recently been made redundant...

7. Ashby v Ngati Awa Land Trust Board- Waimana Parish 790 (2002) 268 Rotorua MB 275 (268 ROT 275) [pdf, 361 KB]

   ...November. The last day for the return of those votes is the 20th December; 2) the fact that there is litigation relating to the Matahina Forest and particular cultural sites. A judgement of the High Court, which allowed settlement to proceed has been appealed by Tuhoe and Ngati Rangitihi interests. A decision was made that the Respondent should pay its creditors and the one million dollars was borrowed from the ANZ Bank and dispersed; to pay solicitors Martelli McKegg the sum of $...

8. BORA Insolvency Law Reform Bill [pdf, 382 KB]

   ...Zealand). A bankrupt is able to leave New Zealand where she or he is not taking property which ought to be divided among creditors, or with the permission of the Assignee, and an Assignee cannot unreasonably withhold consent. Furthermore, a bankrupt can appeal the Assignee's decision under clause 224 (Appeal from Assignee's decision). 31. We consider that the limitations clauses 420 and 427(1)(f) place on the right to leave New Zealand as affirmed in section 18(3) of the Bill o...

9. Transcript of speeches KG Smith [doc, 91 KB]

   ...principal area of practice but you also have experience in civil and criminal litigation and resource management law. Your Honour has many many years of court experience and you have appeared in a variety of courts and tribunals including the Fisheries Quota Appeal Authority, the full Court of the Employment Court and the Court of Appeal. Your Honour has also been very active in the legal community and you’ve been a member of a number of New Zealand Law Society committees. Most recently you...

10. Phillips - Ahipara A4 (2021) 438 Aotea MB 10 (438 AOT 10) [pdf, 333 KB]

    ...for the Phillips whānau. As a matter of law, it is part of the land and ownership of the house presently resides with the 10 Tihi v Nuku – Ruatoki B Sections 23, 25, 26B, 27, 31, 32, 33B2C2, 38, 79 [2019] Māori Appellate Court MB 531 (2019 APPEAL 531) at [25] summarising Ngā Uri a Maata Ngapo Charitable Trust v McLeod – Harataunga West 2B2A1 (2012) 49 Waikato Maniapoto MB 223 (49 WMN 223) and Skipper v Skipper – Awanui Haparapara 9 (2017) 159 Waiariki MB 3 (159 WAR 3). 11...