Search Results

1. [2022] NZEmpC 159 BAC v TRS [pdf, 174 KB]

   ...resolution of this matter before the Court is declined. [21] I do, however, make a non-publication order over the names of the parties for 28 days from the date of this judgment, recognising that the plaintiff may wish to apply for leave to appeal this judgment. Unless otherwise ordered, the non-publication order will then cease to have effect. Stay application not proper approach [22] As noted, the plaintiff has also made an application for a stay of the Authority’s dete...

2. Knuckey v Telford - Wahapakapaka 7A (2021) 435 Aotea MB 68 (435 AOT 68) [pdf, 202 KB]

   ...1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. [13] The decision Clarke v Karaitiana is a leading authority on the appointment of trustees and at paras [51] and [52], the Court of Appeal underscored both the importance of the views of trust beneficiaries as well discretion of the Court in making appointments that considers relevant factors, including skills and experience and the potential for conflicts of interest.6...

3. Environment Court COVID-19 Protocol - September 2022 [pdf, 166 KB]

   ...relevant factors see the Courts (Remote Participation) Act 2010, ss 5 and 6. 3 For relevant factors see the Courts (Remote Participation) Act 2010, ss 5 and 6. https://www.courtsofnz.govt.nz/publications/announcements/covid-19/court-protocols/court-of-appeal/#remote-hearings-protocol https://www.courtsofnz.govt.nz/going-to-court/practice-directions/practice-notes/all-benches/protocol-for-participation-in-virtual-hearings/ https://www.courtsofnz.govt.nz/going-to-court/practice-directions/pra...

4. Environment Court COVID-19 Protocol - September 2022 [pdf, 166 KB]

   ...relevant factors see the Courts (Remote Participation) Act 2010, ss 5 and 6. 3 For relevant factors see the Courts (Remote Participation) Act 2010, ss 5 and 6. https://www.courtsofnz.govt.nz/publications/announcements/covid-19/court-protocols/court-of-appeal/#remote-hearings-protocol https://www.courtsofnz.govt.nz/going-to-court/practice-directions/practice-notes/all-benches/protocol-for-participation-in-virtual-hearings/ https://www.courtsofnz.govt.nz/going-to-court/practice-directions/pra...

5. Surnamecrown v Haig-Clarke - Kaiaua 1 (2022) 269 Waiariki MB 20 (269 WAR 20) [pdf, 215 KB]

   ...Kupu Whakatau The decision [19] The Court has no evidence that the trust is failing to adhere to their terms of trust and there is poor accountability. 3 Larkins v Wi Kaitaia – Waihou Hutoia D2A [2013] Māori Appellate Court MB 159 (2013 APPEAL 159). 269 Waiariki MB 25 [20] Termination of the whānau trust will clearly result in detriment or create unreasonable disadvantage to Jenelle, a daughter of Wakarara Potae Te Aute Haig-Clarke and a beneficiary of the wh...

6. Expression-of-Interest-High-Court-Judge-2024-form [pdf, 385 KB]

   ...turn consult, on a confidential basis, Presidents of relevant District Law Societies and/or respected and trustworthy practitioners. I consent to my name being passed to the Chief Justice, Chief High Court Judge or the President of the Court of Appeal and others deemed appropriate by them, or by the Attorney-General or Solicitor-General as part of the consultation process. I understand that my Expression of Interest form, my curriculum vitae, and any other material supplied and held...

7. [2023] NZEmpC 184 Herrett v Eco Frame and Mirror Ltd [pdf, 192 KB]

   ...Almond v Read, the Supreme Court noted 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 respondent has suffered no prejudice (beyond the fact of an appeal).6 [23] While the delay was not the result of a legal adviser’s error, it was the result of Mr Herrett being unable to obtain advice from his existing adviser. The situation is similar enough that the principles are helpful in...

8. Expression-of-Interest-High-Court-Judge-2024 [pdf, 328 KB]

   ...turn consult, on a confidential basis, Presidents of relevant District Law Societies and/or respected and trustworthy practitioners. I consent to my name being passed to the Chief Justice, Chief High Court Judge or the President of the Court of Appeal and others deemed appropriate by them, or by the Attorney-General or Solicitor-General as part of the consultation process. I understand that my Expression of Interest form, my curriculum vitae, and any other material supplied and held...

9. BORA-Advice-Residential-Tenancies-Amendment-Bill.pdf [pdf, 260 KB]

   ...for an amount that is greater than two weeks’ rent, or in circumstances other than those permitted by the Bill.5 13. Although infringement offences such as the one the Bill proposes to create do not result in a criminal conviction,6 the Court of Appeal in Henderson v Director of Land Transport New Zealand held that the rights in sections 24 and 25 of the Bill of Rights Act apply to minor offences dealt with under the infringement notice regime.7 14. Strict liability offences such as...

10. Jury v Korff - Rural Sec. 46 Blk. V Waitara East Sub. A (2023) 476 Aotea MB 28 (476 AOT 28 [pdf, 223 KB]

    ...with interests at Waitara. [12] At the hearing direct evidence was given about the status of Ngāti Rāhiri with respect to the whenua.3 2 Nicholas v Kameta – Estate of Whakaahua Walker Kameta [2011] Māori Appellate Court MB 500 (2011 APPEAL 500), at [56]-[57]. 3 473 Aotea MB 84-101 at 90-93. 476 Aotea MB 31 T Fowlie: So before that land was granted to those people listed, our family were, we were of Tikorangi domicile, that’s where we lived, but through a Court o...