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1. [2013] NZEmpC 183 Snowdon v Radio New Zealand Ltd [pdf, 100 KB]

   ...amended statement of claim was filed in each proceeding on 20 March 2013. [7] On 20 May 2013, after hearing argument over the course of some four days, I issued another interlocutory judgment, 4 recording that the plaintiff had sought leave to appeal the order I made on 1 March 2013 relating to security for costs but the Court of Appeal, in a judgment dated 16 April 2013, 5 had dismissed the application. Nevertheless, for the reasons explained in my judgment, it was necessary fo...

2. Te Purei - Rahui A12D (2012) 25 Tairawhiti MB 272 (25 TRW 272) [pdf, 122 KB]

   ...rehearing, the Court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the Court. 25 Tairawhiti MB 278 [29] In the recent Māori Appellate Court decision of Henare v Maori...

3. [2015] NZEmpC 30 Wills v Goodman Fielder NZ Ltd costs [pdf, 99 KB]

   ...resolve this matter on a Calderbank basis. Such an offer may be considered when the Court exercises its discretion as to costs. The making of such an offer does not automatically result in a more favourable award of costs. However, the Court of Appeal has made it clear that a “steely” approach is required in this jurisdiction where reasonable settlement proposals have been rejected. 7 [19] For the defendant it is submitted that in this instance the plaintiff is relying on...

4. [2015] NZEmpC 22 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 102 KB]

   ...throughout the Authority and the Court processes and will be the same for any subsequent hearings. [25] This also impresses me as a neutral argument, that is, one that favours the position of neither party. [26] Next is the prospect of multiple appeals. Counsel submits that this is unlikely because the requirement is that appeals from this Court must be on questions of law and by leave. Counsel further submits that once this preliminary question has been determined, the remainin...

5. LA - Part 2 - Areas of Law Criminal [pdf, 882 KB]

   ...Provider approval Level/Proceedings Category 4 Youth advocate summary Jurisdiction/Police Prosecutions guilty plea sentencing Bail, name suppression, media coverage Disclosure Status hearing/case review hearing Defended hearing/judge alone trial appeal indictable Jurisdiction/Crown Prosecutions guilty plea sentencing Bail, name suppression, media coverage Disclosure Committal/case review Pre-trial/hearing conference, callovers Pre-trial/hearing applications Trial/jury trial Sen...

6. GLCADS v Bishop of Auckland (Camera In-Court Application by TVNZ) [2013] NZHRRT 16 [pdf, 53 KB]

   ...fair hearing. [11] It has been accepted that the requirement of a public hearing is not pressed to the point where publicity causes unfairness: Scott Optican and Paul Rishworth “Minimum Standards of Criminal Procedure for Trial, Sentencing, and Appeals” in Paul Rishworth and others The New Zealand Bill of Rights (Oxford University Press, Melbourne, 2003) 663 at 670 cited with approval by Mallon J in Television New Zealand Ltd v Green [2009] NZAR 69 at [23]: [22] In light of these s...

7. Wellington Standards Committee v McGuire [2011] NZLCDT 28 [pdf, 94 KB]

   ...taking of fees, did accept that the wording of the charge could have been better framed. 10. For Mr McGuire, Mr Lithgow QC opposed the amendment. He noted, inter alia, that the amendment application was made some eight months after a Court of Appeal 1 decision had confirmed that section 66 Legal Services Act was not breached until a lawyer actually took an unauthorised payment. The Standards Committee had been aware of that decision, as it related to the dispute between Mr McG...

8. Auckland Standards Committee v Ram [2011] NZLCDT 32 [pdf, 82 KB]

   ...be satisfied that it is proper to do so having regard to the interests of any person and to the public interest. S.240(1)(c) LCA specifically acknowledges that the discretion extends to a “person charged”. [20] In R v Liddell 1 the Court of Appeal declined to lay down any code to govern the exercise of a discretion conferred by Parliament in terms which are unfettered by any legislative prescription. It said that the starting point must always be the importance of freedom of speech...

9. AD v ZW and ZWZ [2014] NZDT 592 (27 May 2014) [pdf, 34 KB]

   ...reimbursement for the cost of the care she provided to him and as recompense for the unnecessary stress placed on her by ZW’s actions. [7] In August 2013 AD was awarded court costs of $5,155 on the personal order which ZW and the estate solicitors are appealing. [8] ZWZ, who is in her late eighties, did not attend the Tribunal or wish to participate in this dispute. Issues [9] The issues are: (a) Whether the Tribunal has jurisdiction to hear this claim? (b) If so, whether AD...

10. The Rakiura Tītī Committee v Davis (2017) 44 Te Waipounamu MB 86 (44 TWP 86) [pdf, 1.3 MB]

    ...exclusively for the way in which disputes arising under them are to be resolved".3 The High Court has described the language of reg 6(2) as broad and including "any other dispute arising out of these regulations" and the Court of Appeal has found that the Maori Land Court has no jurisdiction over any matter that thc RTC is empowered to finally decide under reg 6(2).4 {17] Birding activities include all activities related to birding; suc·h as entry onto the islands, a...