Search Results

1. [2018] NZEmpC 10 TKR Properties Ltd t/a Top Pub & Route 26 Bar and Grill v MacDonald [pdf, 162 KB]

   ...its discretion under s 180 there are seven considerations that have been accepted as applicable to a greater or lesser extent in a particular case: This is not a comprehensive list.4 • if no stay is granted, whether the applicant’s right of appeal (or challenge) will be ineffectual; • whether the challenge is brought and prosecuted for good reasons, and in good faith; • whether the successful party at first instance will be affected injuriously by a stay; • the e...

2. [2016] NZEmpC 75 Bhikoo v Stephen Marr Hair Design Newmarket Ltd [pdf, 96 KB]

   ...he rejected prior to the commencement of the Authority’s investigation meeting and later, before the hearing of the challenge. [6] In exercising its discretion, the Court also has regard to the principles set out in decisions of the Court of Appeal. 2 Generally costs will follow the event and be awarded to the successful party. The practice established by this Court of usually awarding two-thirds of actual and reasonable costs has been approved. In exercising the discretion...

3. OT v PI LCRO 101 / 2011 (20 August 2012) [pdf, 67 KB]

   ...attend in person in support of his application. [16] An applicant only hearing was held in Auckland on 14 August 2012. [17] It became apparent during the review hearing that Mr OT considered the present review to be something in the nature of an appeal against the earlier LCRO decision. He disagreed with the statement by the LCRO in that decision that Mr PI’s 4 suggestions of possible tax offences by Mr OT, were carefully and moderately framed and not presented as final con...

4. [2018] NZEnvC 059 The Wellington Co. Ltd v Save Erskine College Trust [pdf, 3.2 MB]

   BEFORE TH E ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND IN THE MATTER BETWEEN AND AND Decision No. [2018] NZEnvC 059 of the Resource Management Act 1991 ("RMA") of an appeal under s 195 RMA THE WELLINGTON COMPANY LIMITED ("TWCL") (ENV-2017 -WLG-000038) Appellant THE SAVE ERSKINE COLLEGE TRUST ("SECT") Respondent HERITAGE NEW ZEALAND POUHERE TAONGA ("HNZPT") Section 274 RMA Party Court: Prin...

5. [2018] NZEnvC 059 The Wellington Co2. Ltd v Save Erskine College Trust [pdf, 3.2 MB]

   BEFORE TH E ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND IN THE MATTER BETWEEN AND AND Decision No. [2018] NZEnvC 059 of the Resource Management Act 1991 ("RMA") of an appeal under s 195 RMA THE WELLINGTON COMPANY LIMITED ("TWCL") (ENV-2017 -WLG-000038) Appellant THE SAVE ERSKINE COLLEGE TRUST ("SECT") Respondent HERITAGE NEW ZEALAND POUHERE TAONGA ("HNZPT") Section 274 RMA Party Court: Prin...

6. Naera v Fenwick - Whakapoungakau 24 Block (2016) 154 Waiariki MB 254 (154 WAR 254) [pdf, 156 KB]

   ...directing the convening of a meeting of owners for the purpose of consultation on the power project and additional orders for disclosure and confidentiality. It is against that background, along with the subsequent issue of a substantive decision and appeals to the Māori Appellate Court, the Court of Appeal and the Supreme Court, that the present application for relief now arises. [14] The judgment of the Supreme Court makes it perfectly plain that one possible remedy open to th...

7. Bishop - James Carroll and Arahia Ngatai-Rangiwhetu Whānau Trust (2017) 56 Tākitimu MB 94 (56 TKT 94) [pdf, 314 KB]

   ...must be balanced within the broad overview of the advantages or disadvantages of termination. 10 7 Larkins v Kaitaia – Waihou Hutoia D2A [2013] Māori Appellate Court MB 159 (2013 APPEAL 159) 8 Ibid at [30] 9 Chambers v Keepa - Te Hinau a Pura Whanau Trust (2016) 350 Aotea MB 74 (350 AOT 74) at [45]; Rata – Te Rongoroa A7 Block (1991) 13 Aotea Appellate MB 228 (13 APWG 228) at 244 Morgan – Tautuku Block XIII...

8. [2020] NZEmpC 182 FVB v XEY [pdf, 203 KB]

   ...prospects of employment, regardless of the outcome of the case.11 [13] The risks of weaponised public shaming, including on social media, when names are made public is another modern development that has recently been recognised by the Court of Appeal.12 While the Court of Appeal was dealing with an application for an order under s 200 of the Criminal Procedure Act 2011, and the applicant was young and with characteristics not present here, the risks identified arise more broadly...

9. Kake - Estate of Kiriwai Ihaia (2007) 118 Whangarei MB 256 (118 WH 256) [pdf, 1.7 MB]

   ...accommodate tikanga Maori as it relates to whangai, the COUlt can only make an order under section 115 if it accords with tikanga Maori or, at least, does not offend tikanga Maori. I refer to the helpful discussion by the Maori Appellate Court in Re An Appeal by Waimallia HallUa 10 AFRO 43. Discussion [17] The evidence establishes that Monica Kake was the only whangai child of Kiriwai Ihaia. I was told that during her lifetime Kiriwai Ihaia expressed the wish that her land interes...

10. Factsheet Family and Whanau Violence Legislation Bill [pdf, 193 KB]

    ...severity of family violence there have been changes to the Sentencing Act 2002 to add offending while subject to a protection order, against a protected person under that order, as an aggravating factor. If a protection order is issued at sentencing any appeal seeking to have it removed will be an appeal against the sentence, not the protection order. The court will also share information with service providers when a protection order is made as part of sentencing. Information Sharin...