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1. Marywil Investments Ltd v North Shore Ctiy Council [pdf, 21 KB]

   SUMMARY Case: Marywil Investments Ltd v North Shore City Council & Ors File No: TRI 2008-100-000031/ DBH 02988 Court: WHT Adjudicator: Chair PA McConnell Date of Decision: 14 July 2009 Background Marywil Investments Ltd as trustee of the Marywil Trust (the Trust) is the owner of the property. In 2004, after seeing evidence of damage from leaks, the Trust registered a claim with the WHRS. The Trust filed a claim with the Tribunal naming the North Shore City Council (C

2. [2017] NZEmpC 18 Leota v Chief Executive of the Ministry of Social Development [pdf, 81 KB]

   ...guideline scale, amounts to $17,394. [5] As Mr Chemis has stated in his submissions, prior to the introduction of the guideline scale, the discretion of this Court to award costs was exercised in accordance with principles confirmed by the Court of Appeal in three separate decisions. 4 The principles in those authorities applying to this case are that costs follow the event and that the practice established by the Court is to award two-thirds of actual and reasonable costs. [6...

3. [2019] NZEmpC 77 Sawyer v Vice-Chancellor of Victoria University of Wellington [pdf, 331 KB]

   ...[2017] NZERA Wellington 14. 4 EMPC 317/2017; The Vice-Chancellor of Victoria University of Wellington v Sawyer [2017] NZERA Wellington 106. 5 Sawyer v The Vice-Chancellor of Victoria University of Wellington [2018] NZEmpC 71. leave to appeal the judgment.6 Since my preliminary judgment was issued, further claims have been made by Dr Sawyer that certain lawyers have either contributed to the fraudulent behaviour or helped to cover it up. [5] My judgment did not resolve...

4. Proactive release - Electoral (Registration of Sentenced Prisoners) Amendment Bill Supplementary Order Paper [pdf, 1.4 MB]

   ...the Bill as a result of submitter comments. These are: 8.1. amending the enrolment provisions to ensure those: who cannot enrol when they first enter prison but who turn 18 while in prison, or whose sentence is reduced to less than three years on appeal or following a retrial are also given the opportunity to enrol; 8.2. clarifying that the enrolment provisions apply only where a prisoner is 18 or over; and 8.3. including an obligation for the prison manager to communicate with a prisone...

5. Employment Court Judge Expression of Interest [docx, 27 KB]

   ...____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Please indicate, by ticking the boxes, the extent of your experience in the following: Court Civil Criminal Details, including number of appearances Supreme Court |_| |_| ___...

6. [2022] NZEnvC 089 New Zealand Transport Agency - Waka Kotahi [pdf, 253 KB]

   ...exercise my discretion to adjourn this matter for the reasons I address in more detail below. 2 NZTA referred to Samson Corporation Limited v Auckland Council [2015] NZEnvC 30 at [21]-[23] where, the Court declined to defer the hearing of an appeal on notices of requirement where future resource consent applications for the same proposal were still to be lodged, as the applicant failed to provide evidence of true overlap between the effects that future resource consents would need t...

7. [2021] NZEmpC 204 Ling v Super Cuisine Group Ltd [pdf, 200 KB]

   ...158 at [5]. Almond v Read that the merits will not generally be relevant where there has been an insignificant delay as a result of a legal adviser’s error and the proposed respondents have suffered no prejudice (beyond the fact of an appeal).10 The qualifier “generally” was used as it was accepted there were circumstances where the lack of merit is so obvious that the Court is justified in refusing to extend time.11 [19] While the delay here is not insignificant, it...

8. Alchin and Scott TRI-2020-100-001 Procedural Order 9 [pdf, 102 KB]

   ...this third ground, saying:6 While the third category is not defined with particularity in the judgments, it is quite clear that the discretion to recall must be exercised with circumspection, and it must not in any way be seen as a substitute for appeal. In particular there are some things that it can be said the power to recall does not extend to. It does not extend to a challenge of any substantive findings of fact and law in the judgment. It does not extend to a party recasting ar...

9. Judges-Corner-Article-by-Judge-Aidan-Warren-on-Dispute-Resolution .pdf [pdf, 154 KB]

   ...framework, so that those owners of Māori Land who seek genuine resolution can use this service and avoid determinations that result in a winner and loser. To conclude, I quote from the learned Sir Ivor Richardson [former President of the Court of Appeal] who noted that “It is not the absence of disputes that define a society or community but rather the processes developed to resolve those disputes that does”. The new mediation provisions give the Court and Māori land owners...

10. [2021] NZREADT 29 - Lee (17 June 2021) [pdf, 161 KB]

    ...to penalty within 20 working days of the date of this decision. [19] A copy of this decision is to be sent to Mr Lee. [20] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. _________________ Hon P J Andrews Chairperson ________________ Mr G Denley Member __________...