Search Results

1. [2013] NZEmpC 180 Dolev v Netafim Australia Pty Ltd [pdf, 53 KB]

   ...business of the Court, nor for that matter the defendant. [7] I do not accept the argument put forward by the defendant as to the effect of the Calderbank letter. [8] The issue of costs of course is discretionary. On the basis of Court of Appeal authority binding this Court in respect of awards of costs the rule generally applying is that costs follow the event and an award in the vicinity of two thirds of actual and reasonable costs expended will be awarded. In this...

2. [2016] NZEmpC 10 Fredericks v VIP Frames and Trusses Ltd [pdf, 79 KB]

   ...For VIP it is submitted that costs should lie where they fall on the basis that each of the parties has been successful to some extent. 3 [6] The principles as to costs in the Employment Court are well established in decisions of the Court of Appeal. 4 Costs will generally follow the event and be awarded to the successful party. The starting point for the quantum of such costs is two-thirds of actual and reasonable costs incurred. However, in a situation where each of the par...

3. Waikato Bay of Plenty Standards Committee v Parlane [2010] NZLCDT 18 [pdf, 70 KB]

   ...However little turns on the mechanism involved. 10. It is clear, that the Review Officer had the powers of the Committee when sitting in review in any event. An ancillary question arises as to what would have transpired had Mr Parlane not appealed, however the Tribunal reminds itself that the New Zealand Law Society has a power to seek review from the Review Officer in any event (Section 194(2)(d)) to which end the matter would inevitably have come before the Review Officer....

4. BORA New Organisms And Other Matters Bill [pdf, 19 KB]

   ...provide that proceedings for a pecuniary penalty order cannot be completed if related criminal proceedings have been commenced or if the person has been convicted of an offence for a breach for which an order is sought. 9. The majority of the Court of Appeal in the leading case on 26(2), Daniels v Thompson [2]made it clear that section 26(2) must be read as referring: Only to criminal proceedings relating to an offence against the law, for which the person has been tried. What is prohi...

5. BORA Affiliate Te Arawa Iwi and Hapu Claims Settlement Bill [pdf, 201 KB]

   ...claims should not be the subject of further litigation. The Crown is satisfied there was the appropriate mandate to enter into such an agreement. (See explanatory note pages 3-4.) This assessment is also consistent with the decision of the Court of Appeal in New Zealand Maori Council v Attorney-General [2008] 1 NZLR 318. 8.2 I also note the view of the United Nations Human Rights Committee that the exclusion of judicial review under the Fisheries Settlement, in the context of a negotia...

6. NO & NTO v Hakaoro [2013] NZIACDT 38 (24 June 2013) [pdf, 38 KB]

   ...to deal with a series of complaints against a particular practitioner. [9] Mr Sutton adjusted his argument to advance the proposition it was the findings in the particular case that created the appearance of bias. [10] He referred to the Court of Appeals decision in Muir v CIR 18 PRNZ 630, and also made reference to Stuart-Menteath v Registrar of Private Investigators and Security Guards (CIV- 2010-412-000306 5/11/10), and JEC No.2 Ltd v Official Assignee at Hamilton [2013] NZHC 1352....

7. BORA Employment Relations Amendment Bill [pdf, 279 KB]

   ...days. If the employer withholds consent, the employer must provide the reason for withholding consent. 4. The right to freedom of association is wide, and encompasses the right to form and participate in any kind of organisation. [1] The Court of Appeal has noted that an employer coming between employees and their representatives may impact on the right to freedom of association. [2] 5. The Bill, however, only creates the prospect of short temporal interference with the right of uni...

8. BORA Land Transport Amendment Bill [pdf, 204 KB]

   ...must consider whether reinstating the applicant's P endorsement would be in the public interest, taking into account factors such as the seriousness of the qualifying offence(s). Those who the Director declines to reinstate have the right of appeal to the High Court. 4. The Ministry of Transport has advised that as of 16 January 2006 there were an estimated 209 P endorsement holders (out of approximately 38,000 nationwide) with convictions for offences specified in section 29A(3)(a)...

9. Toni Atkinson (filed 8 June 2017) [pdf, 73 KB]

   BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an Appeal under Section 120 of the Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent BRIEF EVIDENCE OF TONI JUNE ATKINSON 1. My name is Toni June Atkinson and I appear before the Court as an Interested Party under Section 274 of the Resource Management Act 1991. 2. I have a PhD in Bi...

10. Brown v Brown - Motatau 1B2D2 (2005) 103 Whangārei MB 161 (103 WH 161) [pdf, 621 KB]

    ...must act by majority and in this case the majority of trustees clearly want Mr Tutaki Brown to vacate the block and this is simply because they wish to comply with the reason the reservation was set up which was to develop a macae. [16] In re an appeal by Dan Nevi lle Joe and Tataraakina C Trust, the Appellate Court stated : "It is not for this or any other Court to interfere with the careful exercise of trustee's powers unless it can be conclusively demonstrated with evi...