Search Results

1. [2021] NZEmpC 121 Shah Enterprise NZ Ltd v A Labour Inspector of the Ministry of Business Innovation and Employment [pdf, 186 KB]

   ...witnesses. That too is given as a reason not to allow them to give their evidence by AVL. No basis for a transfer [16] The ordinary approach regarding the hearing of a matter is that it is to be heard where the originating documents have been filed.1 Regulation 25(2) requires the Court, in considering a direction that the proceedings be held elsewhere to have regard to the needs of the parties and of the Court; the convenience to the parties, the witnesses and the Court; and...

2. TTMR-Application-form-Approved-TM.pdf [pdf, 222 KB]

   ...will NOT be accepted) • A coloured copy of your current Australian registration documents (copies of your identification badge (front and back) • If applicable, specify any conditions imposed on your Australian registration. • The fee for filing this application (see below) Completing this form • You can fill in this form electronically. If you do, you must print, sign, and submit it to the Authority. • You can also print and fill in this form by hand. Use a black...

3. [2021] NZACC 157 – Sohail v ACC (7 October 2021) [pdf, 124 KB]

   ...2019. [2] The application was referred to Judge Henare who, in a minute of 12 June 2019, directed the parties to file submissions by specified dates following which the application would be dealt with on the papers. Those submissions have now been filed. The issue [3] This was described by the Judge as follows: [1] The appellant, Mr Sohail, had cover for a neck sprain injury which he suffered on 2 January 2005. In a decision dated 18 December 2014 the Accident Compensation Cor...

4. [2021] NZACC 140 – Reilly v ACC (17 September 2021) [pdf, 217 KB]

   ...decision, or the true and only reasonable conclusion on the evidence contradicts the decision; [g] Whether or not a statutory provision has been properly construed or interpreted and applied to the facts is a question of law. [7] Both counsel have filed detailed and meticulous submissions. [8] Ms Kerr frames the question of law as follows: Did the District Court misconstrue the test for causation and/or incorrectly apply that test in relation to the treatment injury claim under...

5. [2023] NZEmpC 13 People Media Group Ltd v Galligan [pdf, 170 KB]

   ...amount of $25,334, which is Ms Galligan’s calculation for scale Employment Court costs, including for opposing the application for a stay and for applying for security for costs. [5] Both applications are opposed. Affidavits have been filed [6] The parties have each filed affidavits in relation to the two applications. Ms Galligan expresses her concern that the evidence provided by People Media Group 2 At [47]. indicates that there is a risk it will go into li...

6. LCRO 42/2022 QA v Kennelly - Publication decision (1 August 2023) [pdf, 172 KB]

   ...to give the confirmation requested by Mr Kennelly. [5] In lieu thereof, I confirm that I will defer making any decision as to publication for a further period of six weeks from the date of this Minute. If Judicial Review proceedings have not been filed and served within that time, I will proceed to issue the decision as to publication. [6] On 3 July, the case manager reminded Mr Kennelly that the date set for filing and serving proceedings expired on the following day. Mr Kennelly res...

7. [2023] NZEnvC 178 Waikato Regional Council v Rawhiti Environmental Park Limited [pdf, 229 KB]

   ...August 2023, I directed the parties to return to the Court on 21 August 2023 for a judicial conference to discuss next steps and if adjustments to the amended orders are needed. Memorandum from Council – 21 August 2023 Counsel for the Council filed a memorandum to update the Court ahead of the judicial teleconference. The Council confirmed Rawhiti has reported as required by the orders. The Council, having reviewed those reports, made the following observations: (a) 50,000...

8. Memorandum Directions.pdf [pdf, 549 KB]

   ...previous inquiries. 17. The Pou Report provides a preliminary list of themes based on existing claims currently before the Tribunal that relate to constitutional issues (Wai 3300, #6.2.2 at p 3). These themes may be amended based on new statements of claim filed and/or the discussions at the wānanga. Future-focussed approach 18. The Pou Report proposed a shift from a principally ture-based process to a more tikanga- based process. It explained the latter approach is less adversarial and re...

9. [2024] NZEnvC 137 Auckland Council v Sharma [pdf, 242 KB]

   ...undertaken. [6] On 18 July 2022, the Council applied for enforcement orders requiring the cessation of earthworks and remediation of environmental damage that resulted from the unconsented earthworks at the Site. [7] On 14 May 2024, the parties filed a joint memorandum advising that an agreement had been reached. Section 315 [8] The joint memorandum dated 14 May 2024 requested that the Council be afforded powers under s315 of the RMA, in anticipation of the orders not being c...

10. Tangiora - Whareongaonga 5 (2024) 126 Tairāwhiti MB 228 (126 TRW 228) [pdf, 290 KB]

    ...Tangiora’s shares (except for these 10 shares in the Whareongaonga 5 block) would be transferred to his natural children or a whānau trust. [5] The only person who continued to object was Codford. Legal submissions for Codford were to be filed and the matter was adjourned to chambers. Those submissions and supporting affidavits were not filed until 28 April 2023. 1 19 Tairāwhiti Registrar’s MB 84 (19 RGTA 84). 2 110 Tairāwhiti MB 91-97 (110 TRW 91-97). 3 117 Ta...