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1. [2018] NZEmpC 95 Tourism Holdings Ltd v A Labour Inspector [pdf, 351 KB]

   ...challenged. There would be an associated delay and additional cost arising from participating in an Authority investigation and, if a challenge followed, in a proceeding before the Court. [26] The parties acknowledged they would lose a right of appeal if the proceeding was removed to the Court but they were aware of that consequence. It is an inevitable part of including an ability to seek special leave. [27] Tourism Holdings has satisfied the test in s 178(3) for removal of the m...

2. Plant Variety Rights [pdf, 210 KB]

   ...Māori-Crown partnership; a right that arises from the Treaty of Waitangi. The Treaty creates a basis for civil government, based on protections and acknowledgement of Māori rights and interests within New Zealand’s shared citizenry.10 The Court of Appeal has also commented on this right in New Zealand Maori Council v Attorney-General.11 The Court said that “[t]he duty of the Crown is not merely passive but extends to active protection of Māori people in the use of their lands and w...

3. 2021-04-15 HortNZ - ORC PC7 - Opening Submissions [pdf, 111 KB]

   ...own experience; and (f) Simon Webb – owner and director of Webbs Fruit who will also speak to his own experience. PLAN CHANGE 7 15. PC7 is a Ministerial call in under section 142 of the Resource Management Act 1991 (RMA). As a call in, appeals can only be made on points of law. This makes the outcome of this hearing incredibly important for all parties. 16. The plan change itself was intended to provide an interim planning framework to enable the transition of deemed...

4. Pritchard - Rangitatau Waitotara 3F1 and 3A (2020) 421 Aotea MB 140 (421 AOT 140) [pdf, 191 KB]

   ...notice, opportunity for discussion and support have been, unsurprisingly, before this, the Māori Appellate Court and the higher courts on a number of occasions. A leading decision on the appointment of trustees and their suitability is the Court of Appeal judgment Clarke v Karaitiana.3 That Court confirmed that usually the views of the owners will carry considerable weight in the appointment of trustees but that exceptions could always be made in the context of desirability of a ra...

5. PSPLA - Form A: Certificate of approval [pdf, 209 KB]

   ...section 65 of the Land Transport Act 1998, or an earlier equivalent provision? Yes No Have you ever been ordered by a New Zealand court to be imprisoned following conviction for an offence and that conviction or order has not been quashed on appeal? Yes No In the last 7 years, have you ever been convicted by a New Zealand court of an offence under the Private Security Personnel and Private Investigators Act 2010 or Private Investigators and Security Guards Act 1974 for wor...

6. [2015] NZEmpC 108 Nisha v LSG Sky Chefs NZ Ltd [pdf, 102 KB]

   ...no other purposes: (b) if copies of any documents have been made available by any party,— (i) those copies must be returned to that party within 28 clear days after the conclusion of the proceedings or after the conclusion of any related appeal, whichever is the later; and (ii) copies of any of those copies must not be retained by the party to whom those copies were made available: (c) the information contained in any document so disclosed but not used in evidence in t...

7. Bailey - Ngati Rahiri 1G1A and 1G1B (2004) 135 Aotea MB 158 (135 AOT 158) [pdf, 491 KB]

   ...Court may make partition orders, amalgamation orders, and aggregation orders, grant easements, and layout roadways in accordance with the provisions of this Part of the Act. " Section 288 of the Act is of particular relevance to the present appeal. It states: /I 288 Matters to be considered (1), In addition to the requirements of subsections (2) to (4) of this Section, in deciding whether or not to exercise its jurisdiction to make any partition order, amalgamation order, or aggr...

8. [2017] NZEmpC 100 Lyttelton Port Company Ltd v Arthurs [pdf, 148 KB]

   ...intended to bolster his pleading that he was subjected to disparity of treatment by Lyttelton Port. In Wikaira v Chief Executive of the Department of Corrections 6 former Chief Judge Colgan considered the test for disparity following the Court of Appeal in Chief Executive of the Department of Inland Revenue v Buchanan (No 2), 7 and held there were three parts to consider: (a) Is there disparity of treatment? (b) If so, is there an adequate explanation for the disparity? (c)...

9. Green v Wiari Green Estate - Uekaha A12BA2 (2004) 123 Otorohanga MB 197 (123 OT 197) [pdf, 422 KB]

   ...fencing costs to date, and have still to receive reimbursement from the Kohatu Green whanau and the Estate. In the meantime the outstanding costs have represented an overdraft in the bank account ofW T and D Green. The High Court, the Court of Appeal and the Supreme Court have the power under the Judicature Act 1908 to order interest on debts or damages as from the date the debt or damage was incurred. The District Court has power under the District Court Act to order interest a...

10. Allison - Te Waiti 2C2 (2001) 77 Ōpōtiki MB 37 (77 OPO 37) [pdf, 1.6 MB]

    ...(whether by way of injunction or otherwise). The extensive supervisory role played by the Maori Land Court over Maori land trusts has been discussed in In Re Proprietors of Mangakino Township v Maori Land Court 16/6/99, CA 65/99 where the Court of Appeal has discussed the effect of these two provisions as follows: 'Trusts are a development of judge made law and courts of equity have for centuries undertaken the function 'of supervising them. The Maori Land Court is expressly...