Search Results

1. [2012] NZEmpC 13 Maritime Union of NZ v C3 Ltd [pdf, 70 KB]

   ...Court has granted full reimbursement of disbursements where they have been properly incurred, citing Wackrow v Fonterra Co-operative Group Ltd. 3 [4] In the alternative and applying the 66 percent starting point referred to by the Court of Appeal in Binnie v Pacific Health Ltd, 4 counsel for the defendant submits that the defendant would be entitled to the reimbursement of its costs in the sum of $46,121.53 plus disbursements of $945.54 to cover photocopying, printing and cour...

2. [2008] NZEmpC AC 20/09 Roebeck & Anor v Bradford Trust Ltd [pdf, 30 KB]

   ...proceedings. • The Authority’s award of damages is contrary to the principles of contract law. • It is in the interests of justice that a stay be granted pending determination of the challenge. • If a stay is not granted, their rights of appeal will be rendered nugatory. • The benefit of a successful appeal will be lost to the plaintiffs if a stay is not granted. • The defendant will not be affected injuriously if a stay is granted. [4] The defendant’s grounds of...

3. [2007] NZEmpC AC 15/07 Gates v Air New Zealand Ltd [pdf, 35 KB]

   ...costs if unsuccessful and, second, having established a prospective inability to pay, the Court has a residual discretion to determine whether, in the circumstances, it should order security and if so what amount and by what means. The Court of Appeal, in the case referred to by Mr Thompson, A S McLauchlan Ltd v MEL Network Ltd (2002) 16 PRNZ 747, stated that the discretion is not to be fettered by constructing “principles” from previously decide cases. The Court must carefull...

4. LB & QB v REAA & LI [2011] NZREADT 39 [pdf, 106 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2011] NZREADT 39 READT 013/11 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN LB AND QB Appellants AND THE REAL ESTATE AGENTS AUTHORITY (CAC 10058) First respondent AND LI Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr J Gaukrodger - Member Mr G Denley - Member HEARD at AUCKLAND on 24 November 2011 DATE OF DECISION: 7...

5. Recording Industry Association of New Zealand v Telecom NZ 4296 [2013] NZCOP 10 [pdf, 91 KB]

   ...Regulation 12(2) provides that the Tribunal may also take into account any circumstances it considers relevant. 5 [31] Submissions were made by RIANZ on all these aspects. As to flagrancy, these included, in particular, reference to the Court of Appeal case Skids Programme Management Limited v MacNeal [2012] NZCA 314. It is correct that this case discusses the meaning of “flagrancy” under the Copyright Act 1994 but we are not convinced that guidance from the Skids case is...

6. IEAA - 2013 annual report [pdf, 45 KB]

   ANNUAL REPORT OF THE INTERNATIONAL EDUCATION APPEAL AUTHORITY 1 JANUARY 2013 TO 31 DECEMBER 2013 INTRODUCTION 1. The IEAA is pleased that the number of complaints from international students has fallen again. 2. The total number of complaints filed in the year 1 January to 31 December 2013 was 62 but 39 of these were filed by the Administrator of the Code of Practice and related to one particular matter (the self attestation forms) which are required to be complete...

7. Te Toki – Hako Hauraki (2013) 2013 Chief Judge’s MB 456 (2013 CJ 456) [pdf, 103 KB]

   ...granted. [6] The issue for determination is whether or not the application should be granted. 1 Pue v Ngā Hapū o Ngā Ruahine Iwi Incorporated (2011) 2011 Māori Appellate Court MB 577 (2011 Appeal 577). 2013 Chief Judge’s MB 458 Background [7] The Ngāti Hako Deed of Mandate (“Deed of Mandate”) dated May 2011 records that Ngāti Hako mandated Josie Anderson and John Linstead as negotiators to represent their trib...

8. BORA Land Transport Amendment Bill [pdf, 127 KB]

   ...impoundment provisions provide for a mandatory administrative sanction to be imposed prior to any formal conviction. Clause 79A also specifies that the impoundment is not to exceed the period of 90 days and may therefore be for a shorter period. The appeal provisions in the Land Transport Act that currently relate to the impoundment of vehicles will also apply to the proposed new impoundment powers. 20. Having considered the overall objectives of the Act we consider that the proposed im...

9. BORA Register of Pecuniary Interests of Judges Bill [pdf, 299 KB]

   ...contained in returns of pecuniary interests, and the name of any judge who fails to submit any return, and c) provide advice and guidance to judges about their obligations under the Bill. 5. The Bill applies to all judges of the Supreme Court, Court of Appeal, High Court, District Court, Employment Court, Environment Court, Maori Land Court, Court Martial or Court Martial Appeal Court. It also applies to Associate Judges of the High Court and coroners. It includes a person acting in on...

10. BORA Coroners Amendment Bill [pdf, 297 KB]

    ...additional term raise any such issues? 18. On the first issue assistance may be derived from case law on the appointment of acting Judges. The constitutionality of the office of an acting judge under the current law was considered by the Court of Appeal in R v Te Kahu 1 and the High Court in Wikio v Attorney- General. 2 19. The Court of Appeal expressly declined to make a finding as to whether the appointment provision for acting judges in s 11A of the Judicature Act was consistent wi...