Search Results

1. CAC20002 v Gollins [2015] NZREADT 26 [pdf, 385 KB]

   ...for his actions. He had admitted wrongdoing and just disagreed that his actions amounted to disgraceful conduct. He now accepts the finding. [h] Mr Gollins referred to a comment made in the decision of the Tribunal declining Mr Gollins’ appeal against the decision to lay charges where Judge Barber said “Having said all that, it may be that the defendant’s admissions established not only unsatisfactory conduct but misconduct. Currently we do not think that the revocatio...

2. ENVC paper Preparing for an Environment Court hearing 2014 [pdf, 74 KB]

   ...the requirements of s 274 if they wish to be party to the proceedings. Persons who do not give notice under s 274 will receive no further communication from the Court, other than ultimately to receive a copy of the Decision(s) when issued. [21] Appeal processes in part 11 RMA apply after the s 274 period. Nevertheless, because the process leads to a first-instance hearing, there will generally be many more parties than in most appeals. The case- managing Judge may therefore impose fur...

3. ENVC paper Legal Aid Assistance Fund Conference 2015 [pdf, 214 KB]

   ...the Court in case management, alternative dispute resolution, preparation of hearings and the hearings themselves. 7. The topics addressed in the Practice Note are, broadly:  Communication with the Court and amongst parties;  Lodging appeals and applications;  Direct referrals  Case management;  Alternative dispute resolution;  Procedures of hearings  Expert witnesses  Access to Court records  Glossary of terms. 8. There are three append...

4. CAC20004 v Li & Ors [2015] NZREADT 64 [pdf, 132 KB]

   ...made pursuant to s 110 of the Real Estate Agents Act 2008 following our having found Ms Wang guilty of misconduct by our 2 1 September 2014 decision Real Estate Agents Authority (CAC 20004) v Li & Ors [2014] NZREADT 67. [2] Ms Wang appealed our finding of misconduct to the High Court which, in Wang v Real Estate Agents Authority [2015] NZHC 1011, substituted a finding of unsatisfactory conduct. This reflected the Court’s view that the relevant conduct by Ms Wang was l...

5. [2013] NZEmpC 108 Milne v Air New Zealand Ltd [pdf, 156 KB]

   ...4 ARC 51/12. 5 Air New Zealand Ltd v Milne [2012] NZEmpC 25. 6 Milne v Air New Zealand Ltd (No 2) [2012] NZEmpC 69. 7 Although reg 69 of the Employment Court Regulations 2000 relates to security for costs on an appeal. 8 See, for example, Polzleitner v WWW Media Ltd [2011] NZEmpC 139. 9 Regulation 6(2)(a)(ii). application by a defendant, that a plaintiff is resident out of New Zealand or that there is reason to believe that a plaintiff wil

6. [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...

7. 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...

8. [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...

9. [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...

10. 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...