Search Results

1. Hutcheson v Clarkson - Mangamaire B2 (2018) 73 Tākitimu MB 88 (73 TKT 88) [pdf, 432 KB]

   ...on it by this or any other Act, the Maori Land Court shall have all the powers that are inherent in a court of record. [10] The ability of a court of record to deal with evidence, its admission and suppression, was considered by the Court of Appeal in Brown v Attorney General:1 Before setting out what is in issue, we should make clear one matter which was not in issue: that is the jurisdiction of the District Court to make suppression orders in civil proceedings. Judge Ongle...

2. Hearn v Parklane Investments Limited [pdf, 45 KB]

   ...counsel). 19. Where the alleged bad faith involves public authorities or abuse of executive power the courts give a more restrictive meaning to “bad faith” by requiring an element of dishonesty be proven. As McMullin J stated in the Court of Appeal decision in Webster v Auckland Harbour Board (supra) there is generally difficulty in establishing bad faith against public authorities. (page 683) A broader interpretation is given in other situations, such as in this claim. 20. A...

3. [2019] NZEnvC 129 Thornley v Marlborough District Council [pdf, 12 MB]

   ...(a) $2,247.492 (expert planner); and (b) $674.103 (legal costs). [5] The Council makes the following submissions in support of its application (by way of summary): 2 3 4 (a) the Environment Court Practice Note 2014 provides that where an appeal is withdrawn after being set down for hearing the court will normally award costs against the appellant in favour of the other parties for their preparation for hearing;4 [2019) NZEnvC 83. Amount sought is 100% of cost incurred....

4. [2020] NZEmpC 34 Byrne v The New Zealand Transport Agency [pdf, 247 KB]

   ...that different event. 11 Employment Relations Act 2000, sch 2 cl 15. 12 Commissioner of Salford School v Campbell [2015] NZEmpC 186 at [27]. This proposition was not considered on the dismissed appeal: The Commissioner of Salford School v Campbell [2016] NZCA 126. 13 Stormont v Peddlethorpe Aitken Ltd [2017] NZEmpC 159 at [23]; Stevens v Hapag-Lloyd (NZ) Ltd [2015] NZEmpC 137, [2015] ERNZ 1080 at [18]−[21]; and Rodkiss v Carter...

5. Canterbury Earthquakes Insurance Tribunal Bill: Approval for Introduction [pdf, 462 KB]

   ...8y9t1vo72j 2018-07-19 11:51:38 7 earthquakes. The Tribunal will not consider issues involving on-sold properties. The Tribunal may join other potentially liable parties to the dispute where necessary. 49 Decisions of the Tribunal can be appealed on questions of fact and law to the High Court, with leave of the High Court. Second and subsequent appeals can be made on questions of law, with leave of the appellate Court. 50 Policyholders, insurers and the Earthquake Commission...

6. Vercoe v Savage - Otonga Whanau Trust [2021] Chief Judge's MB 838 (2021 CJ 838) [pdf, 280 KB]

   ...s 45 applications must be accompanied by proof of the flaw or error identified, either through the production of evidence not available or not known of at the time the order was made or through submissions on the law. [13] Finally, the Court of Appeal has recently confirmed, the power under s 44(1) falls into two parts:5 The first is the evaluative decision as to whether the order made was erroneous in fact and law because of any mistake or omission on the part of the Court or t...

7. [2021] NZEmpC 207 Martin v Solar Bright Ltd (in liquidation) [pdf, 227 KB]

   ...Authority the challenge must specify the alleged errors of law or fact said to have been made or any question of law or fact to be resolved.5 [7] A challenge that does not seek a rehearing of the whole matter is conducted in the same way as an appeal.6 Mr Martin challenged specific parts of the determination he claimed contained errors of law or fact made by the Authority. [8] Mr Martin disputed the Authority’s findings or conclusions in paragraphs [68], [76], [77], [79] an...

8. [2021] NZREADT 48 - Kan (30 August 2021) [pdf, 260 KB]

   ...at [57]. [23] Mr Kan sent the following email to the Tribunal on 12 July 2021 (following service by email on him of the Committee’s penalty submissions): To whom it may concern Re: enclosed information I am in no financial position to appeal this matter and may be put into an undesirable outcome. I make a plea for clemency and ask for name suppression as it will only cause distress and hurt to what is left of my immediate family. I truly and unreservedly apologise for t...

9. Von Tunzelman v Southland Regional Development Agency Ltd and Tracey Wayte Ltd (Strike-Out-Applications) [2022] NZHRRT 18 [pdf, 167 KB]

   ...[2021] NZHRRT 30 (Kropelnicki) at [25] to [34]. [9] The Tribunal’s jurisdiction to strike out was also considered by the High Court in Williams v New Zealand Police [2021] 2 NZLR 292 (Williams) at [71] to [76]. While Williams is currently under appeal to the Court of Appeal, it remains a useful current summary of the principles applicable to the strike-out jurisdiction of this Tribunal. [10] The key principles from Lavender, Kropelnicki and Williams can be summarised as follows:...

10. Edwards v Ross - Waikite 3A (2023) 293 Waiariki MB 110 (293 WAR 110) [pdf, 262 KB]

    ...exercising rights of ownership.8 In this situation they are deemed to have been ousted, and the effected owner can sue for trespass by ouster. 6 Taueki v Horowhenua Sailing Club - Horowhenua 11 (Lake) Block [2014] Maori Appellate Court MB 60 (2014 APPEAL 60) at [15]-[16]. 7 At [16]. 8 Fredricsen v Hikuwai (2016) 143 Taitokerau MB 135 (143 TTK 135) at [20]. 293 Waiariki MB 115 [23] In Faulkner v Hoete, the Māori Appellate Court commented on the unique issues that arise...