Search Results

1. [2019] NZEmpC 41 Renaissance Assets Management Ltd v Ge [pdf, 350 KB]

   ...of trial. (d) The jurisdiction is not excluded by the need to decide difficult questions of law requiring extensive argument. (e) The Court should be particularly slow to strike out a claim in a developing area of law. [10] The Court of Appeal dealt with the use of evidence in a strike-out application in Attorney-General v McVeagh, holding that a court is entitled to receive it in an appropriate case. The Court went on to say that evidence will generally be limited to what i...

2. [2019] NZEmpC 63 Auckland Council v Drought [pdf, 279 KB]

   ...estopped from reneging on its promise to pay to Mr Drought 100 weeks’ salary as compensation for his redundancy. This means the challenge is moot. Should the challenge be allowed to proceed anyway? [29] In general, appellate courts do not decide appeals where their decision would have no practical effect on the rights of parties before the court, in relation to what has been at issue between them in lower courts.11 The same principle applies by analogy to challenges brought to...

3. CAC 403 v Optimize Realty Limited [2019] NZREADT 23 (6 June 2019) [pdf, 237 KB]

   ...pursuant to S 93(1)(g) that the Licensee is to pay to the Authority a fine of $7,500. [35] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. __________...

4. Huata v Gotty - Lot 2 Deposited Plan 1996 (formerly Mangaroa 26N2 Block) (2021) 87 Takitimu MB 251 (87 TKT 251) [pdf, 248 KB]

   ...resolution, again, to find a practical solution and to avoid unnecessary and potentially costly further litigation. That said, it is important to underscore 5 Moke v Trustees of Ngāti Tarāwhai Iwi Trust [2019] Māori Appellate Court MB 265 (2019 APPEAL 265) at [55] citing Grace v Grace [1995] 1 NZLR 1 87 Tākitimu MB 256 that alternative dispute resolution is a voluntary process and that if one of the parties to the dispute does not wish to participate then it would not be...

5. Otago Standards Committee v Zhao [2020] NZLCDT 19 (6 July 2020) [pdf, 111 KB]

   ...Account Supervisor Courses at different times of the year, and in different centres. It seems that sometimes one course is offered and the other is not. [15] Mr Zhao had volunteered to the Tribunal that he would undertake a course. Although he appealed the Tribunal’s decision, and that decision was not available until 5 17 August 2017, he enrolled and paid for the April 2017 course. It happened to be a Schedule 1 course. [16] On 19 April 2017 he emailed a Law Socie...

6. [2020] NZEmpC 25 Sexton v Lowe [pdf, 174 KB]

   ...it $7,671.91 comprising the outstanding fees (including GST) plus interest. That sum was to be paid on or before 11 July 2018. In its order, the Disputes Tribunal records that Mr Sexton/E Clean had indicated that Mr Sexton did not intend to appeal the Authority’s determination.2 [16] Unfortunately, this situation was not apparent until the end of the Employment Court hearing, with the order of the Disputes Tribunal being provided to the Court following the conclusion of the he...

7. Wellington v Wellington - Tuateanui 2B1A Māori Reservation (2020) 209 Taitokerau MB 59 (209 TTK 59) [pdf, 254 KB]

   ...as a trustee, the Court must have regard to the ability, experience, and knowledge of the individual, and shall not appoint an individual unless satisfied that the appointment would be broadly acceptable to the beneficiaries. [15] The Court of Appeal decision Clarke v Karaitiana is the leading authority on the appointment of trustees.3 In that case the Court confirmed that the views of the owners will be compelling, unless there are relevant disqualifying considerations. [16] I ad...

8. Rudd v The former trustees - Horowhenua 11 Part Reservation Trust and Horowhenua 11 (Lake) (2018) 392 Aotea MB 179 (392 AOT 179) [pdf, 345 KB]

   ...no trustee may 1 386 Aotea MB 142-150 & 390 Aotea MB 31-36 (386 AOT 142-150 & 390 AOT 31-36) 2 391 Aotea MB 247-258 (391 AOT 247-258) 3 [2018] Māori Appellate Court MB 512 (2018 APPEAL 512) https://www.maorilandcourt.govt.nz/assets/Documents/Decisions/taueki-horowhenua-11-part-reservation-trust2018maori-appellate-court-mb-512.pdf 392 Aotea MB 181 serve for more than three years. As foreshadowed in that 2016 decis...

9. LCRO 9/2020 SC v KB and ZR (30 April 2020) [pdf, 110 KB]

   ...advance the treaty, under the Maori Military Veterans Inquiry, Wai 2500”; and (d) “defrauded the Legal Aid System”. [5] As a standalone complaint against Ms KB, Ms SC alleged that Ms KB had; (a) in 2011, withdrawn from representing her in an appeal before the High Court, four days before the appeal was to proceed; (b) “submitted claims into the Wai 2500, Maori Military Veterans Inquiry, with similar grievance to mine”; (c) this presenting as “a conflict of interest...

10. Sec-274-N-Shoebridge-16.6.20-Redacted.pdf [pdf, 110 KB]

    ...for service of person wishing to be a party: Note to person wishing to be a party You must lodge the original and 1 copy of this notice with the Environment Court within 15 working days after— ● the period for lodging a notice of appeal ends, if the proceedings are an appeal; or ● the decision to hold an inquiry, if the proceedings are an inquiry; or ● the proceedings are commenced, in any other case. Your right to be a party to the proceedings in the Court may be...