Search Results

1. [2011] NZEmpC 100 Liu v South Pacific Timber (1990) Ltd [pdf, 107 KB]

   ...the same or similar factual allegations, but that went against the applicant in the Authority. Although, if leave is granted, the applicant may proceed with a clean slate to establish his case, the challenge is generally in the nature of an appeal, certainly as far as this application for leave and consideration of merits is concerned. [8] In Stevenson v Hato Paora College Trust Board 3 Judge Shaw described this test as being “the absence of any realistic prospect of success...

2. [2010] NZEmpC 21 Industrial Services Nelson Ltd v Stewart [pdf, 31 KB]

   ...therefore submitted there was no evidence before the Court that explained either of the delays. [21] Mr Thomas claimed that the defendant had been prejudiced in the sense of a disruption to the finality that exists after time has passed in which to appeal a decision and that in itself is a serious detriment capable of being regarded as prejudicial, citing Bilderbeck v Brighouse Ltd.2 [22] There was evidence that the defendant had informed the Court and the plaintiff in Septembe...

3. EMPC - Pro bono assistance service application [pdf, 296 KB]

   ..._________________________________ Date: _________________________ This form was completed by: � You � Other: Please specify ___________________________________________________ I have attached: � The signed Terms & Conditions � Determination being appealed against � Any documents that have been lodged with the Employment Court (if applicable) � Any Legal Aid application or other relevant documents (if applicable) The failure to provide the necessary documen...

4. [2006] NZEmpC AC 33/06 Roberts v Commissioner of Police [pdf, 41 KB]

   ...removed Mr Roberts as a member of the police in October 1998. In the language of employment law, he was dismissed. [4] As the Authority’s determination sets out, in January 1999 Mr Roberts wrote to the Commissioner stating that he wished to appeal the decision to dismiss him “by way of personal grievance” and sought a rehearing, I assume of the police tribunal’s inquiry under s12 of the Police Act that the Commissioner was empowered to direct under reg 27 of the Police Regu...

5. [2012] NZEmpC 157 Pottinger and Nine Dot Consulting Ltd and Carew v Kelly Services (NZ) Ltd [pdf, 77 KB]

   ...and Maritime Union of New Zealand Inc v TLNZ Ltd. 7 In Postal Workers Union of Aotearoa v New Zealand Post Ltd, 8 I expressed a preference for approaching the issue of costs in accordance with the general approach endorsed by the Court of Appeal in cases such as Binnie, and to have regard to factors such as the benefit both parties will obtain from the proceedings and the nature of the claim, in assessing the extent to which the starting point of 66 percent of the actual and reas...

6. Walker v Sinclair - Lot 9 DP 44307 (2013) 62 Taitokerau MB 203 (62 TTK 203) [pdf, 125 KB]

   ...proceedings in the Court or for any other purpose whether any specified land is or is not held by any person in a fiduciary capacity, and, where it is, to make any appropriate vesting order. [25] In Attorney-General v Māori Land Court the Court of Appeal in considering whether s 18(1)(i) applied to General land concluded that: 4 We are satisfied from this survey of relevant provisions of the Act that, when s18(1)(i) is placed in its proper context, a reading which would enable it...

7. CAC 10014 v Charles [2011] NZREADT 13 [pdf, 98 KB]

   ...[33] In the end result therefore the Tribunal imposes the only penalty open to it which is that of a fine and we impose the maximum available to us of $750. In accordance with s 113 of the 2008 Act the Tribunal advises the parties of the right to appeal this decision to the High Court pursuant to s.116 of the 2008 Act. DATED at WELLINGTON this 7th day of July 2011 ______________________________ Judge M Hobbs Chairman...

8. ENVC paper Judicial perspective mobile devices in court 2013 [pdf, 40 KB]

   ...of the cases noted above is at the extreme end of the range for volume of paper, numbers of parties, and complexity and number of issues. The second case is quite typical of the work of the Environment Court of New Zealand processing and hearing appeals from decisions of councils, and sometimes on direct referral of cases where the Court becomes the first instance hearing body. The consequences are clear for all to see – vast quantities of paper, huge costs in copying, sending...

9. Te Ngahue v The Proprietors of Whetumatarau B45B2 (2015) 47 Tairawhiti MB 81 (47 TRW 81) [pdf, 193 KB]

   ...dated 5 March 2009 that: i. With the partition of 7B16B the clear land in the north is reduced from about 65 hectares to 30 hectares, and access is somewhat limited. While this would, in our opinion, result in the remaining land being slightly less appealing, the overall effect on value would be minimal – if any. ii. We have determined that the Residual Value of B45B (Pohutu) would be the pre- partition value less the value of 7B16B. Hearing [8] The application was set down fo...

10. Murray - Mahinepua B1 (2014) 87 Taitokerau MB 227 (87 TTK 227) [pdf, 106 KB]

    ...Wainui on 29 July 1967. That suggests to me that there was a large degree of discussion about this kaupapa and that if owners with interests in the land were concerned about the Māori reservations created by the Court they would have objected or appealed or followed up in some way. There is no evidence of any such concerns being raised at the time or until the last two or so years. Based on the Court record I doubt very much that Auwha Ihaia 87 Taitokerau MB 232 pursued...