Search Results

1. 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...

2. [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...

3. [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...

4. 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...

5. GLCADS v Bishop of Auckland (Camera In-Court Application by TVNZ) [2013] NZHRRT 16 [pdf, 53 KB]

   ...fair hearing. [11] It has been accepted that the requirement of a public hearing is not pressed to the point where publicity causes unfairness: Scott Optican and Paul Rishworth “Minimum Standards of Criminal Procedure for Trial, Sentencing, and Appeals” in Paul Rishworth and others The New Zealand Bill of Rights (Oxford University Press, Melbourne, 2003) 663 at 670 cited with approval by Mallon J in Television New Zealand Ltd v Green [2009] NZAR 69 at [23]: [22] In light of these s...

6. AD v ZW and ZWZ [2014] NZDT 592 (27 May 2014) [pdf, 34 KB]

   ...reimbursement for the cost of the care she provided to him and as recompense for the unnecessary stress placed on her by ZW’s actions. [7] In August 2013 AD was awarded court costs of $5,155 on the personal order which ZW and the estate solicitors are appealing. [8] ZWZ, who is in her late eighties, did not attend the Tribunal or wish to participate in this dispute. Issues [9] The issues are: (a) Whether the Tribunal has jurisdiction to hear this claim? (b) If so, whether AD...

7. The Rakiura Tītī Committee v Davis (2017) 44 Te Waipounamu MB 86 (44 TWP 86) [pdf, 1.3 MB]

   ...exclusively for the way in which disputes arising under them are to be resolved".3 The High Court has described the language of reg 6(2) as broad and including "any other dispute arising out of these regulations" and the Court of Appeal has found that the Maori Land Court has no jurisdiction over any matter that thc RTC is empowered to finally decide under reg 6(2).4 {17] Birding activities include all activities related to birding; suc·h as entry onto the islands, a...

8. Johnston v Anderson - Herapeka Hinewehi Ahu Whenua (2016) 147 Waiariki MB 37 (147 WAR 37) [pdf, 209 KB]

   ...Whaiti (2001) 13 Takitimu Appellate MB 184 (13 ACTK 184); Manuirirangi v Paraninihi Ki Waitotara Incorporation (2002) 15 Whanganui Appellate MB 64 (15 WGAP 64); Nicholls v Nicholls – Part Papaaroha 6B Block [2011] Māori Appellate Court 64 (2011 APPEAL 64) at [8]. 147 Waiariki MB 41 [17] In this case the application for review was bought on the basis that the trustees did not provide information when requested, including financial information relating to trust accounts. The...

9. [2016] NZEnvC 255 Save Erskine College Trust v Erskine Development Limited (formerly known as A Good Day Out Charters Limited) [pdf, 292 KB]

   ...to implement the HASHAA consent dated 19 December 2016 unless or until: (a) Section 193 approval is obtained from the Applicant (and then in accordance with any conditions that might be imposed on that approval by the Applicant); or (b) An appeal (if required) to the Environment Court under s 195 is determined (and then in accordance with any conditions that may be confirmed or modified by the Environment Court). [22] Mr Dunning, having traversed the allegedly unhappy history...

10. Complaints Assessments Committee 403 v Misa NZREADT 11 [pdf, 176 KB]

    ...26150: “Demonstrate knowledge of methods for sale of real estate in New Zealand”. [33] 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. ____...