Search Results

1. [2023] NZEmpC 92 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand [pdf, 331 KB]

   ...says, concerns an inadequate process for seeking and reviewing documents for disclosure purposes. NZNO and the PSA assert that their disclosure obligations have been properly discharged. The hearing of the challenge/application [7] The parties filed affidavits with regard to these contested points; they also filed submissions prior to the hearing; it was held on 3 May 2023, when counsel addressed their submissions in detail. [8] Following the hearing and in light of those submiss...

2. Hunuhunu - Estate of Wiremu Witariana Hona (2017) 166 Waiariki MB 229 (166 WAR 229) [pdf, 139 KB]

   ...THEODORE Applicants Hearing: 4 July 2017 (Heard at Rotorua) Judgment: 26 July 2017 RESERVED JUDGMENT OF JUDGE C T COXHEAD Introduction [1] On 5 August 2016, Edith Hunuhunu, Ngahuia Tolley and Irihapeti Theodore filed an application per s 100(2)(e) of Te Ture Whenua Māori Act 1993 (“TTWMA”) for succession to Wiremu Witariana Hona. 1 [2] An earlier application for succession to Wiremu Hona was filed in 1985 under the provisions of the Māori A...

3. [2018] NZEnvC 033 Burkhart Fisheries Limited v Marlborough District Council [pdf, 1.1 MB]

   ...road and construct a parking area in the Conservation Zone and to undertake boat launching activities in the Coastal Marine Zone near Ward Beach, south of Blenheim. 2 [2] On 20 February 2018, the Marlborough Environment Centre ('MEC') filed a s 274 notice and an application for waiver under s 281 of the Resource Management Act 1991 ('RMA' or 'the Act') , given the time limit for filing a s 274 notice expired on 15 September 2017. [3] The application...

4. [2021] NZEnvC 057 Pipers Limited Partnership v Auckland Council [pdf, 206 KB]

   ...COURT ON AN APPLICATION FOR WAIVER The application for waiver is granted. The Kumeu-Huapai Residents and Ratepayers Association is joined as a party to these appeals under s 27 4 of the Act. REASONS Introduction [1] These two appeals were filed on 2 April 2020 and relate to the Auckland Council's decision on Proposed Plan Change 20 to the partly operative Auckland Unitary Plan. [2] The appeals have been set down for hearing in the week of 3 May 2021. Application for...

5. Notes on appeals to the High Court [pdf, 157 KB]

   ...within 10 working days after lodging the notice of appeal with the Authority. [2] It is important to recognise that the time limits are strict. Generally, only the High Court can allow further time, though the Authority can allow extra time for filing the case (but not the notice of appeal) if there are good reasons. [3] The process for filing an appeal with the High Court does involve legal work of some complexity. The High Court requires that appellants comply with the rules....

6. Notes on appeals to the High Court [pdf, 157 KB]

   ...within 10 working days after lodging the notice of appeal with the Authority. [2] It is important to recognise that the time limits are strict. Generally, only the High Court can allow further time, though the Authority can allow extra time for filing the case (but not the notice of appeal) if there are good reasons. [3] The process for filing an appeal with the High Court does involve legal work of some complexity. The High Court requires that appellants comply with the rules....

7. [2021] NZEmpC 147 Saipe v Bethell [pdf, 197 KB]

   ...her actual costs totalled $50,887.50, inclusive of GST. 1 Saipe v Bethell [2021] NZEmpC 33, [2021] ERNZ 74. 2 Disbursements appear to comprise photocopying and courier charges. [2] As well as the substantive proceeding, Ms Bethell filed two interlocutory applications: (a) an application for security for costs, that she withdrew; and (b) an application to dismiss Mr Saipe’s claims, which was successful in part.3 [3] The case was allocated category 2B for costs...

8. ZI v DM [2023] NZDT 641 (14 November 2023) [pdf, 177 KB]

   ...the respondent’s attorney stops harassing the applicant and that the respondent provides evidence as to why she has appointed an attorney. c. Orders that the respondent cooperates with the applicant to wind up DD Ltd. 2. After the claim was filed the applicant increased her claim to $11,447.14 and by a further $5,000.00 for her time to pursue the claim against the respondent and the stress she has suffered. 3. The respondent was represented by RQ. This representation was appr...

9. I Ltd v D Ltd & ors [2024] NZDT 136 (15 April 2024) [pdf, 176 KB]

   ...11 December 2021. The parcel was never scanned again, was never delivered and could not be located in the facility. I Ltd discovered the loss on 25 February 2022 when its customer advised the parcel had not arrived. 3. On 17 March 2022, I Ltd filed a loss claim with D Ltd. On 1 April 2022, D Ltd accepted the claim with a “pre-approved value 8000”. On 26 April 2022, D Ltd paid I Ltd $2,000.00 in accordance with the liability limitation pursuant to s259 of the Contract and Commerc...

10. HX v MT & OM [2024] NZDT 613 (26 August 2024) [pdf, 94 KB]

    ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have...