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1. [2007] NZEmpC CRC19/07 Abernethy v Dynea NZ Ltd [pdf, 79 KB]

   ...pragmatic reasons for this decision. [64] As already noted as an indicator of statutory interpretation, the parties are entitled to expect a prompt resolution of their case18. The raising of a preliminary issue inevitably takes up time and resources and if a challenge to such a preliminary issue brings the parties to the Court, it is sensible for the matter to remain here for resolution rather than having to return to the Authority for the matter to be reopened. [65] The deci...

2. PGP & QGP v FS LCRO 143/2014 (27 August 2015) [pdf, 72 KB]

   ...resolution was to lodge a claim against Mr JS in the Disputes Tribunal. That claim was unsuccessful. Mr and Mrs GP consider that the decision delivered by the Disputes Tribunal was manifestly wrong, but advise that they did not have the financial resources to appeal the decision. Their attention then turned to Mr FS’s involvement in the transaction. [22] The complaints process established under pt 7 of the Lawyers and Conveyancers Act 2006 is a statutory regime which governs th...

3. Waitangi Tribunal - issue 55 of Te Manutukutuku [pdf, 511 KB]

   ...claimant group and the number of people in it; 3. how the claimants’ representa- tives are elected, who they are, and the names of spokespeo- ple; 4. where the claimant group holds mana whenua, the marae it identifies with, and the land or resource that is being claimed; 5. details of any cluster or collective with which the claimant is associated or may be willing to join; 6. in which district the claim belongs and is desired to be heard. The results of the questionnaire...

4. Regulatory Impact Statement: Improving security so that people feel safer in courts [pdf, 411 KB]

   ...meet this high standard. 42. The Ministry also considered and rejected the following options:  an increased Police presence in court buildings to deter disruptive behaviour and low level offending. This option is not viable because Police resources are focussed on work that is of higher priority for Police;  the retention of the status quo. Persuasion has proved to be insufficient to address disruptive behaviour. Proposal 2: Expanding CSOs’ statutory power to detain peop...

5. Lee v Mangapapa B2 Incorporation - Mangapapa B2 (2017) 140 Waikato Maniapoto MB 83 (140 WMN 83) [pdf, 222 KB]

   ...incorporation coming into effect. This left the Incorporation finances in a difficult state from the beginning, with no money to pay any further debts that might be incurred. The COM at the time continued to pursue an agreement for development of the coal resource with the Crown, as well as investigating other types of development. However, ultimately they were unable to secure an agreement as the government determined that a geothermal power station would be developed instead. As...

6. ASC Annual Report 2017 [pdf, 1.5 MB]

   ...believes could be improved. Progress on any legislative changes is now in the hands of Parliament. The ASC hopes Parliament will give due regard to the opinions previously expressed by the ASC regarding the significant waste of time and financial resources spent over the last decade on defending court proceedings. Costs associated with previous litigation totalled $470,359.49 to date with only $84,351.43 recovered by way of awarded costs paid by the plaintiff. At the time of pre...

7. Faulkner v Hoete - Motiti North C No 1 [2018] Māori Appellate Court MB 17 (2018 APPEAL 17) [pdf, 291 KB]

   ...District Plan but from their rights as owners. Does the Court have jurisdiction to grant an injunction to enforce the District Plan? [42] Mr Sharp contends planning disputes concerning Māori land should be left to the process provided in the Resource Management Act 1991. He submits enforcement is for the territorial authority or the Environment Court and Judge Clark exceeded his jurisdiction granting an injunction in this case. [43] We accept it is not the role of the Māori Land...

8. LCRO 178-2016 KO v RT [pdf, 262 KB]

   ...“respond … in writing” in respect of which “an email would have been sufficient”.2 [12] The Committee added that Mr KO’s:3 failure to respond … or to ensure that a response was received by Mr RT … wasted [Mr RT’s] time and resources pursuing documents that Mr KO and [the firm] clearly did not have. [13] The Committee similarly found that Mr KO did not acknowledge receipt of the 5 March 2015 Notice to Deliver Documents. However, because an adverse finding had...

9. IPT Annual Report 2016 [pdf, 867 KB]

   ...decline was the result of a concerted effort to reduce the backlog in this stream. The rise in the percentage of refugee and protection appeals (by 6%) was primarily the result of the decrease in the percentage of residence appeals, and extra resources have been devoted to this stream in the coming year. There was also a rise in the percentage of appeals lodged (by 5%) where deportation liability has been suspended by the Minister. The trend so far is for these appeals to be with...

10. Kupenga - Waitakaro B Māori Reservation (2006) 72 Ruatoria MB 184 (72 RUA 184) [pdf, 891 KB]

    ...Registrar for the delay as the one-month timeframe would have been met had the file been referred as soon as the minutes had been signed off. Findings of Fact [35] The Court is satisfied that subject to Gisborne District Council building and resource consent procedures, it is a site suitable for residential purposes. I find this way because both Mrs Walker and Mrs Merekaraka Ngarimu (nee Rangi) explained that when they were young there were dwellings on the block around the meeting...