Search Results

1. Regulatory Impact Statement review of the Judicature Act and consolidation of courts legislation [pdf, 251 KB]

   ...The structure and procedure of New Zealand courts is established by a mixture of principles,  different types of legislation, common law (law developed by judges), and practice notes and  guidelines:   The  Judicature Act 1908 establishes  the Court of Appeal and codifies provisions about  the High Court.   The Supreme Court Act 2003 establishes the Supreme Court.   The District Courts Act 1947 establishes the District ...

2. [2006] NZEmpC AC 58/06 McLean v Buy West Reality Ltd [pdf, 118 KB]

   ...between them at the time should be that of employer and independent contractor, such salespersons are deemed for all purposes to be engaged by the agent under a contract for services. [54] Section 51A was enacted in 1992 in response to the Court of Appeal decision in Challenge Realty Ltd v Commissioner of Inland Revenue1 in which it was held that, principally because commission only real estate salesmen were controlled by their employers, they were employees rather than independent...

3. Baker - Te Tii (Waitangi) B3 Trust (2011) 19 Taitokerau MB 116 (19 TTK 116) [pdf, 9 MB]

   ...some reason) in anticipation of the new trust order. The Court also amended the application to include a review under s 351 and adjourned the application for the trustees to finalise the new trust order. [26] The order appointing trustees was appealed to the Māori Appellate Court. 5 On 12 March 2002 the Court dismissed the appeal but concluded that the lower Court did not have jurisdiction to review the trust under s 351. The application was therefore at an end. However, the C...

4. [2015] NZEnvC 137 Tram Lease v Auckland Transport and Auckland Council [pdf, 813 KB]

   1 BEFORE THE ENVIRONMENT COURT Hearing at: Court: Appearances: Decision No. [2015] NZEnvC \~1 IN THE MATTER of an appeal under a decision on one of the Notices of Requirement for the City Rail Link pursuant to sl74 of the Resource Management Act 1991 (the Act) BETWEEN TRAM LEASE LIMITED (ENV-2014-AKL-000057) Appellant AND CJM INVESTMENTS LIMITED A party under s274 RMA AND AUCKLAND TRANSPORT Respondent/Requiring Authority AND AUCKLAND COUNCIL Territorial Aut...

5. Deliu v New Zealand Law Society and National Standards Committee (Second Recusal Application) [2013] NZHRRT 12 [pdf, 122 KB]

   ...The case for the defendants [51] The principal points made by the defendants were: [51.1] The recusal application is a collateral challenge to the interim order decision of the Tribunal given on 8 February 2012, a decision which was neither appealed by Mr Deliu nor made the subject of judicial review proceedings. [51.2] It was not necessary for the Tribunal in its interim order decision to recite in detail the evidence of Mr Deliu and the copious materials he has produced. [51.3]...

6. Impact summary RIA Extended Control Orders [pdf, 369 KB]

   Impact Summary Template | 1 Impact Summary: Extended control orders Section 1: General information Purpose The Ministry of Justice is solely responsible for the analysis and advice set out in this Regulatory Impact Statement, except as otherwise stated. This analysis and advice has been produced for the purpose of informing key (or in principle) policy decisions to be taken by Cabinet. Key Limitations or Constraints on Analysis Limitations and constraints on

7. LCRO 211/2018 AB v CD (3 July 2019) [pdf, 256 KB]

   ...scope of review [76] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:8 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

8. [2020] NZEmpC 61 Leota v Parcel Express Ltd [pdf, 465 KB]

   ...being undertaken is rapidly evolving, both within New Zealand and overseas. 2 Prasad v LSG Sky Chefs New Zealand Ltd [2017] NZEmpC 150, [2017] ERNZ 835 (footnotes omitted). Not disturbed on appeal by the Court of Appeal: LSG Sky Chefs New Zealand Ltd v Prasad [2018] NZCA 256. [32] The Court observed that labour-hire arrangements (which it was concerned with) were part of the evolution of work in New Zealand and the way...

9. [2021] NZACC 52 - Thompson v ACC (17 March 2021) [pdf, 230 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 52 ACR 35/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN RUSSELL THOMPSON Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 10 February 2021 Heard at: Christchurch/Ōtautahi Appearances: Ms P Tucker together with Mrs L Thompson (wife of the appellant)...

10. [2023] NZEnvC 021 Regina Properties Ltd v New Plymouth District Council [pdf, 611 KB]

    IN THE ENVIRONMENT COURT AT NEW PLYMOUTH I TE KOTI TAIAO O AOTEAROA KINGAMOTU IN THE MATIER OF BETWEEN AND Decision [2023] NZEnvC 021 an appeal under s 120 of the Resource Management Act 1991 REGINA PROPERTIES LIMITED (ENV-2021-AKL-000146) Appellant/ Applicant NEW PLYMOUTH DISTRICT COUNCIL Respondent Court: Environment Judge B P Dwyer Environment Commissioner A C E Leijnen · Hearing: In New Plymouth on 9 and 10 August 2022 Last Case Event: Site visit on 16 Sept...