Search Results

1. [2023] NZEmpC 95 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 257 KB]

   ...reinstatement in the Authority. [43] Mr Caisley submitted that it is well established that the Court can determine Authority costs on a challenge, referring to Maheta v Skybus (NZ) Ltd (formerly Airbus Express Ltd).12 The dicta of the Court of Appeal in that judgment related to a case where the entire relationship problem had been placed before the Court by means of a challenge. The Court of Appeal said that in those circumstances, the Court could resolve the issue of costs in t...

2. Patena v Cook - Paora Poha Ti Raha Trust (2023) 468 Aotea MB 265 (468 AOT 265) [pdf, 244 KB]

   ...or the potential sale of the Murray Block. This is a problem. It can be illustrated by reference to the submissions for the applicant that argue 1 Nicholas v The Official Assignee - Lot 6 DP 34349 [2021] Maori Appellate Court MB 228 (2021 APPEAL 228) at [9]-[11]. 2 Henry Roach (Petroleum) Pty Ltd v Credit House (Vic) Pty Ltd [1976] VR 309 (SC). 3 The kaupapa of the Act is expressed in the preamble, and ss 2 and 17. It was also discussed in relation to interim injunction app...

3. [2024] NZREADT 27 - BL & DL v REAA (20 August 2024) [pdf, 276 KB]

   ...consideration; or (4) was plainly wrong. [19] It was submitted by the Registrar that, subject to these limitations, the Registrar’s decision must be confirmed, even if the Tribunal might come to a different decision on the merits if it was a general appeal. [20] We accept counsel’s submissions as to the nature of this review. We will, in deciding whether these limited grounds of review have been made out, need to make some assessment of the merits, without reaching any conclus...

4. Welsh v Welsh - Taiharuru 4C3D [2024] Chief Judge's MB 1 (2024 CJ 1) [pdf, 288 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.2 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [16] The Court of Appeal has confirmed that the power under s 44(1) falls into two parts:3 2 Tau v Nga Whanau O Morven & Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 3 Inia v Julian [2020] NZ...

5. MOJ0342.2-Homicide-factsheet-FEB22-PRINT.pdf [pdf, 689 KB]

   ...your victim impact statement in court at the sentencing hearing. Ask your court victim advisor or police victim liaison officer to ask the judge for you. The judge is required to consider your victim impact statement when sentencing the offender. APPEALS Both the prosecutor and the offender have the right to appeal the verdict and the sentence. This means a higher court will look at the case again. If this happens, the prosecutor will let you know about the process. After court Once...

6. MOJ0344.2-factsheet-Affected-by-crime-Nov21-PRINT.pdf [pdf, 654 KB]

   ...your victim impact statement in court at the sentencing hearing. Ask your court victim advisor or police victim liaison officer to ask the judge for you. The judge is required to consider your victim impact statement when sentencing the offender. APPEALS Both the prosecutor and the offender have the right to appeal the verdict and the sentence. This means a higher court will look at the case again. If this happens, the prosecutor will let you know about the process. After court Once...

7. Devon v Devon - Succession to Hone Ihaka Devon [2024] Chief Judge's MB 201 (2024 CJ 201) [pdf, 271 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.2 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [19] The Court of Appeal has confirmed that the power under s 44(1) falls into two parts:3 The first is an 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 the R...

8. 2024 NZPSPLA 005 pdf [pdf, 146 KB]

   ...September 2021 during the Auckland Covid-19 level 4 lockdown Mr Simi was stopped by police driving a vehicle. He refused to say who he was, provide his licence or his travel /exemption worker documentation. He was issued an infringement notice which he appealed and lost. [3] Mr Simi denies he failed to cooperate with police on 2 May 2023 and 8 September 2021. He also denies he breached the PSPPI Act by refusing to provide his COA and refusing to advise the name of the security comp...

9. [2023] NZEmpC 199 Breen v Prime Resources Company Ltd [pdf, 209 KB]

   ...makes plain, there was no suggestion at the time that Mr Chung was deliberately being disingenuous. [16] The distinction between personal grievances and disputes, and the remedial routes available in respect of each, was dealt with by the Court of Appeal in Auckland College of Education v Hagg. While the Court was concerned with s 27(1)(b) of the Employment Contracts Act 1991, that provision was in materially the same terms as s 103(3) in the current Act.7 The Court made the foll...

10. P and R v EQC and MIS [2024] CEIT-2023-0014 [pdf, 331 KB]

    ...after 1 January 2011. 10) The parties’ submissions pointed out that the Tribunal’s decisions do not create precedent in a stare decisis sense. For such precedent to be created from a decision of this Tribunal, that decision would need to be appealed and the treatment of the law affirmed on appeal, an uncertain and drawn-out process. It was the view of the parties that the referral process under s53 would provide a swifter means to resolve the issue. The issues and questions...