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1. CAC 20005 v Morton-Jones [2014] NZREADT 100 [pdf, 29 KB]

   ...against the defendant in order to ameliorate the effect of the interim suspension of licence should the defendant succeed in the prosecution. 5 [21] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr G Denley Member ______________________________ Mr J...

2. [2007] NZEmpC AC 45/07 Wyatt v Simpson Grierson Parternship [pdf, 97 KB]

   ...contained in s248 of the Employment Relations Act 2000, the Authority exercised the jurisdiction of the Employment Tribunal under the Employment Contracts Act 1991 in making that decision and that the proceedings in the Court were primarily by way of appeal pursuant to s95 of that Act. [9] As it was part of Mr Wyatt’s case that the cause of action with respect to the 1999 salary issue had yet to accrue, he framed the proceedings in the alternative as being a challenge to a deter...

3. [2021] NZEmpC 133 Ngawaka v Global Security Solutions Ltd [pdf, 186 KB]

   ...is discretionary and broad. In exercising the discretion regard must be had to the overall justice of the case, and the interests of both parties need to be carefully weighed up. The required balancing exercise was summarised by the Court of Appeal at AS McLachlan Ltd v MEL Network Ltd as follows:8 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order...

4. The Māori Trustee - Pt Sec 1 Blk 1 Punakitere SD (2016) 124 Taitokerau MB 231 (124 TTK 231) [pdf, 242 KB]

   ...directly address the question of the effect of the vesting order on the status of the land. [43] In Pihema v Ngāti Whatua of Orakei Māori Trust Board – Section 722, 790, 792, 793 and 794 Town of Orakei, 20 the Māori Appellate Court heard an appeal against the decision of the lower Court concerning an application under s 437(4A)(a) and (b) of the 1953 Act. The lower Court had made orders vesting the lands in the Ngāti Whatua o Orakei Māori Trust Board and varying the existi...

5. LCRO 72/2022 ND v TC and MB ( [pdf, 244 KB]

   ...with our obligations under the Lawyers Conduct and Client Care Rules 2008. Nature and scope of review [53] The High Court has described a review by this Office in the following way:27 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It involv...

6. Williams - Matapouri 45 (2019) 199 Taitokerau MB 286 (199 TTK 286) [pdf, 257 KB]

   ...members, however the sales have fallen through. She acknowledges that she has children who are 4 Matthews v Matthews – Estate of Graham Ngahina Matthews [2015] Māori Appellate Court MB 512 (2015 APPEAL 512). 5 Ibid, at [49]. 6 Ibid, at [55]. 7 Phillips v Ashby – Oromahoe 17B2 (2006) 6 Taitokerau Appellate MB 271 (6 APWH 271) at [16]. 199 Taitokeau MB 289 minors who will lose their connection to the land, however, th...

7. [2022] NZEmpC 154 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. 4 Senior Courts (Access to Court Documents) Rules 2017, r 13. 5 Courts of New Zealand “Note taking in court” <courtsofnz.govt.nz>. Leave is required to take notes on an...

8. BORA Energy Safety Review Bill [pdf, 145 KB]

   ...Health and Safety in Employment Act 1992 as the primary legislation covering electricity and gas safety in places of work, and that responsibility for public and product safety remain with the Energy Sector Acts; • Aligns the disciplinary and appeal provisions in the Electricity Act, the Gas Act and the Plumbers, Gasfitters, and Drainlayers Act to ensure consistency across the sector; • Amends the amount, range and, scope of penalties that may be imposed for disciplinary and other...

9. Expression-of-interest-District-Court-Judge-2024 [pdf, 108 KB]

   ...indicate, by ticking the boxes, the extent of your experience, both civil and criminal, in the following: Court Civil Criminal Details, including number of appearances Supreme Court ______________________________________ Court of Appeal ______________________________________ Court Civil Criminal Details, including total years’ experience High Court Appellant work ______________________________________ High Court ________...

10. [2008] NZEmpC AC 38/08 McKean v Board of Trustees of Wakaaranga School [pdf, 23 KB]

    ...or decrease that level: Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 and Health Waikato v Elmsly [2004] 1 ERNZ 172. [7] In this case the defendant made a Calderbank offer of settlement before the hearing began. As the judgment of the Court of Appeal in Elmsly confirms, the Court should usually make a “steely response” where the offeree does not better the Calderbank offer. [8] The defendant’s legal costs since September 2004, when the challenge was filed, amount to $139,174....