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1. [2015] NZEmpC 61 Maharajv Recon Professional Services Ltd interlocutory [pdf, 77 KB]

   ...stifled. [3] Applications for security for first instance proceedings call for careful consideration and judges are slow to make an order for security which will stifle a claim. A somewhat different approach has, however, been taken in respect of appeals. 3 Booth v Big Kahuna Holdings Ltd (No 2) [2014] NZEmpC 43; Robinson v Pacific Seals New Zealand Ltd [2014] NZEmpC 210; Yan v Commissioner of Inland Revenue [2014] NZEmpC 102;...

2. Holland & Ors as Trustees of the Harbourview Trust v Auckland City Council & Ors [2010] NZWHT Auckland 23 [pdf, 56 KB]

   ...(Removed) Eleventh Respondent AND MARK PAINTON Twelfth Respondent AND ELDON ARCHER (Removed) Thirteenth Respondent DECISION ON COSTS - QUANTUM Adjudicator: P A McConnell Page 2 of 5 [1] Judge Joyce allowed the appeal against the decision not to award costs. He concluded that Alan Maxwell Grant and Max Grant Architects Limited (Max Grant) have satisfied the requirements of s91(1)(b) of the Weathertight Homes Resolution Services Act 2006 and that t...

3. MLC - Form 12 Chief Judge [pdf, 77 KB]

   ...Māori Land Court to exercise their power under section 44 of Te Ture Whenua Māori Act 1993 to correct a mistake, error or omission on the part of the Court or in the presentation of the facts of a case to the Court. This form should not be used to Appeal against a decision of the Māori Land Court or Māori Appellate Court nor should it be used to correct an administrative error in a minute or order of the Court. HOW TO FILE AND COMPLETE THIS APPLICATION FORM (i) This form must be acco...

4. BORA Births, Deaths, Marriages, and Relationships Registration Amendment Bill [pdf, 370 KB]

   ...Canada and the European Court of Human Rights have each held that the right relates to restriction on the receipt of information, not a positive entitlement to be given information held by the state or others. 7. First, in R v Mahanga, the Court of Appeal rejected a claim under section 14 for access to a recording of a Police interview:[1] "Under s 14 of the Bill of Rights, freedom of expression includes ‘the freedom to seek, receive, and impart information and opinions of any...

5. MLC - Form 1 - General form of application [pdf, 122 KB]

   ...Whenua Māori Act 1993. HOW TO FILE AND COMPLETE THIS APPLICATION FORM (i) This form must be accompanied with the appropriate application fee (if any) and may be filed at any office of the Court (with the exception of an application seeking leave to appeal out of time which must be lodged in the Office of the Chief Registrar); (ii) As this is a general application form, please ensure that all information required on the form is completed; (iii) If the order sought is against one or...

6. Hill v Maori Trustee - Mangatainoka 1BC2B3 (2016) 50 Takitimu MB 28 (50 TKT 28) [pdf, 214 KB]

   ...Trustee has obtained orders in the District Court cancelling the lease and for possession of the land. It has judgment against Mr Hill for unpaid rent and other costs in the sum of $87,423.33. In March this year, the High Court dismissed Mr Hill’s appeal from the the District Court judgment. 1 [4] The basis for Mr Hill’s application to summon a meeting of owners was not entirely clear so I set the matter down for a judicial conference after the normal list in Masterton on 10 June...

7. GOTB memorandum of counsel 25 November 2016 [pdf, 2.1 MB]

   ...support from the community, but has limited resources available to it - as has the community generally. While it is acknowledged the applicant's decision to direct refer the proceeding will avoid two hearings (one at Council-level and one on appeal before the Environment Court), a direct referral does represent a barrier to community representation in the process. 4 GOTS wishes to ensure, as best as possible, that the proceeding is conducted as efficiently and effectively as...

8. BORA Domestic Violence Enhancing Safety Bill [pdf, 281 KB]

   ...notably, in denying that person access to land or buildings that he or she may own or otherwise be entitled to enter or use – by decision of a non-judicial officer and without procedural safeguards either at the time or by way of subsequent review or appeal, and so raises an issue as to compliance with the right to natural justice affirmed by s 27(1). Further, there is also limited immunity for the Crown and Police, under which there is no substantive redress for an order that is made or...

9. 13 September 2016 Motiti Rohe Moana Trust v Bay of Plenty Regional Council [pdf, 253 KB]

   ...Coastal Environment Plan - Planning, use and development in the coastal environment – providing for tangata whenua aspirations – Motiti Rohe Moana Trust ENV-2016-348-000040 Motiti Rohe Moana Trust v Bay of Plenty Regional Council Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Court Reference: ENV-2015-AKL-000134 1. i. Topic:

10. [2019] NZEmpC 51 Goleman Wellington Cleaning Ltd v Nicolle [pdf, 330 KB]

    ...cases such as Assured Financial Peace Ltd v Pais and New Zealand Cards Ltd v Ramsay assist in exercising that discretion.5 Those factors include: (a) if a stay is not granted whether the challenge will be rendered ineffectual; (b) whether the appeal is brought for good reasons, in good faith; (c) the effect on third parties; (d) the novelty and importance of the questions involved in the case; (e) the public interest; and (f) the overall balance of convenience. Rendered ine...