Search Results

1. [2016] NZEmpC 11 Titoki Securities Trust v Wallace costs [pdf, 99 KB]

   ...reading material provided to counsel; advising Ms Wallace; and undertaking other communications to the point of discontinuance of the Trust’s challenge. The “Project” is described as “Costs Claim by Employer, reopening application and appeal”. Two hours’ work was charged for. Again, in the circumstances, I propose to treat this as a bill dealing with proceedings both in the Authority (which are not compensable in this Court) and in the Court. They, too, will be assum...

2. Milner v Noanoa-Paul - Atarea Mokai Noanoa (2011) 12 Tairawhiti MB 155 (12 TRW 155) [pdf, 64 KB]

   ...Takitimu Appellate Court MB 184 (13 ACTK 184) 2 (2002) 15 Whanganui Appellate MB 64 3 (2004) 10 Waiariki Appellate Court MB 263 (10 APMB 263) 4 (2010) 7 Taitokerau Appellate MB 216 (7 APWH 216) 5 (2010) Māori Appellate Court MB 425 (2010 APPEAL 425) 12 Tairawhiti MB 157 (c) the Court has an important role in attempting to facilitate amicable relationships between parties who are invariably connected by whakapapa to both the land and each other and on occasion that...

3. [2015] NZEmpC 49 Vulcan Steel Ltd v Walker [pdf, 86 KB]

   ...who discontinues a proceeding against a defendant must pay the costs of the defendant of and incidental to the proceeding up to and including the discontinuance. 4 [7] In Kroma Colour Prints Limited v Tridonicatco NZ Limited the Court of Appeal noted that the presumption in favour of awarding costs to a defendant against whom a proceeding had been discontinued may be displaced if there were just and equitable circumstances not to apply it. A Court would not speculate on respect...

4. [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;...

5. 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...

6. 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...

7. 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...

8. 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...

9. 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...

10. 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...