Search Results

1. [2021] NZEmpC 84 A Labour Inspector of the Ministry of Business, Innovation and Employment v Jeet Holdings Ltd [pdf, 555 KB]

   ...because that fact was not drawn to the attention of the Court. Subsequently insolvency proceedings were instituted. The High Court decided it was appropriate to continue to consider them, relying on its inherent jurisdiction. [21] The case was appealed. By the time the appeal was heard by the Court of Appeal the defendant had been restored to the Register. The Court of Appeal specifically mentioned the unusual situation that had arisen in the High Court, where orders were made...

2. Review of the Foreshore and Seabed Act 2004 Post Consultation Decisions [pdf, 993 KB]

   ...the courts Equity Moderate to low- more room for discretion in judicial decision-making. No parameters for negotiations Certainty Low- long period of uncertainty likely until common law established Efficiency Low- protracted litigation and appeals likely. No parameters or basis for negotiations provided. PROVIDE GUIDENCE IN LEGISLATION Reflects Treaty of Waitangi Moderate- allows for unique New Zealand common law to develop to a certain extent Good faith Moderate–...

3. LCRO 35/2024 UX v RT (19 September 2024) [pdf, 265 KB]

   ...scope of review [46] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

4. 2017 Ministry of Justice Annual Report [pdf, 3.7 MB]

   ...HOW_ these perspectives help to guide us as we deliver our services. 8 ANNUAL REPORT 2016–17 ANNUAL REPORT 2016–17 9 WE DELIVER COURT AND TRIBUNAL SERVICES. We work with the Judiciary to deliver court services for the Supreme Court, Court of Appeal, High Court, District Court, the Environment Court, Employment Court, Māori Land Court and Waitangi Tribunal. We support other tribunals, authorities and committees (including the Disputes Tribunal and Tenancy Tribunal) that help New ...

5. [2024] NZEnvC 167 Director-General of Conservation v Northland Regional Council [pdf, 6.6 MB]

   ...Director-General of Conservation v Northland Regional Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision [2024] NZEnvC 167 IN THE MATTER OF the Resource Management Act 1991 AND IN THE MATTER OF an appeal against a decision granting resource consent application for taking groundwater from various aquifer sub- units of the Aupōuri Aquifer, Northland BETWEEN DIRECTOR-GENERAL OF CONSERVATION (ENV-2021-AKL-129) Appellant AND...

6. [2013] NZEmpC 40 B v Virgin Australia (NZ) Employment & Crewing Ltd [pdf, 356 KB]

   B V VIRGIN AUSTRALIA (NZ) EMPLOYMENT AND CREWING LIMITED, PREVIOUSLY KNOWN AS PACIFIC BLUE EMPLOYMENT AND CREWING LIMITED NZEmpC CHCH [2013] NZEmpC 40 [20 March 2013] IN THE EMPLOYMENT COURT CHRISTCHURCH [2013] NZEmpC 40 CRC 6/12 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN B Plaintiff AND VIRGIN AUSTRALIA (NZ) EMPLOYMENT AND CREWING LIMITED, PREVIOUSLY KNOWN AS PACIFIC BLUE EMPLOYMENT AND CREWING L

7. [2013] NZEmpC 179 George v Auckland Council [pdf, 267 KB]

   LAURA JANE GEORGE v AUCKLAND COUNCIL NZEmpC AUCKLAND [2013] NZEmpC 179 [27 September 2013] IN THE EMPLOYMENT COURT AUCKLAND [2013] NZEmpC 179 ARC 91/10 IN THE MATTER OF proceedings removed by special leave BETWEEN LAURA JANE GEORGE Plaintiff AND AUCKLAND COUNCIL Defendant ARC 124/10 IN THE MATTER OF proceedings removed BETWEEN AUCKLAND COUNCIL Plaintiff AND LAURA JANE GEORGE Defendant Hearin

8. Diane Jean Lucas - Evidence in Chief [pdf, 1.1 MB]

   ...    ENV  2015  AKL  0000134               IN  THE  MATTER     of  the  Resource  Management                   Act  1991   AND     of  an  appeal  under  Clause  14  of  the   First  Schedule  of  the  Act     BETWEEN   TRUSTEES  OF  MOTITI  ROHE   MOANA  TRUST                   Appellant  ...

9. [2022] NZEnvC 037 Bagnall v Tasman District Council [pdf, 20 MB]

   BAGNALL v TDC – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 37 IN THE MATTER of the Resource Management Act 1991 AND an appeal under section 120 of the Act BETWEEN JAMES and PHILLIPA BAGNALL (ENV-2021-CHC-83) Appellants AND TASMAN DISTRICT COUNCIL Respondent AND INTEGRITY CARE GROUP LIMITED Applicant Environment Judge J J M Hassan – sitting alone under s279 of the Act In Chambers a...

10. [2011] NZEmpC 89 Young v Bay of Plenty DHB [pdf, 62 KB]

    ...determination, which is challenged, is effectively a decision that Mr Young’s proceedings were an abuse of process in the sense that they were an attempt to re-litigate a case that Mr Young had already lost on its merits and which he also failed to appeal within time. Those exceptional circumstances make it just to make an order for security for costs but that must be for a realistic amount. [15] Mr Young has estimated that the hearing of the challenge will take three days. In t...