Search Results

1. [2019] NZEmpC 93 ITE v ALA [pdf, 278 KB]

   ...judgment; and the basis for such an order was not then spelt out adequately. [9] It is also relevant that after the issuing of the judgment of the external court, the Supreme Court issued a judgment dealing with an application for leave to appeal brought by ITE; that application was dismissed. For present purposes the key point is that the most senior court in this jurisdiction recognised that this Court’s non-publication orders were to be maintained. Accordingly, it anony...

2. HRRT Statement of Claim (Privacy) [pdf, 297 KB]

   ...________________________________________________________________________________________ P a g e | 8 STATEMENT OF CLAIM If your claim relates to an access complaint, and the Privacy Commissioner has issued an access direction, please include whether the access direction has been appealed by the defendant, or whether you have asked the Tribunal to enforce the access direction. 1.______________________________________________________________________________________ _______________...

3. Powell v Savage - Lot 7A Parish of Matata (Oniao Marae) (2020) 246 Waiariki MB 265 (246 WAR 265) [pdf, 210 KB]

   ...an election can occur. As I indicated at the hearing, any of the current responsible trustees may wish to stand for re-election. Provision should also be made for voting by both show of hands and ballot if requested. Moreover, as the Court of Appeal confirmed in Clarke v Karaitiana this Court should fashion election processes that facilitate the widest possible participation by trust beneficiaries.9 [22] In addition, any proposed changes to the marae charter should be properly sp...

4. [2020] NZREADT 36 - Complaints Assessment Committee 1904 v Bright (24 August 2020) [pdf, 217 KB]

   ...questions. [25] Accordingly, the Tribunal will not direct that Mr Bright is not permitted to cross- examine the complainant. [26] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. _______________ Hon P J Andrews Chairperson _______________ Mr G Denley Member _____...

5. M (C M Trust) v Tower Insurance Ltd [2019] CEIT-2019-0012 [pdf, 213 KB]

   ...Distribution Ltd v Chevron New Zealand:4 “Although the extent of reliance needs to be assessed in each case, if it is significant, it is unfair to allow that party to withhold the balance of that legal advice.” [37] However, the Court of Appeal has said a simple reference to having obtained legal advice will not amount to a waiver.5 3 [2015] NZHC 1467, [2016] 2 NZLR 133 at [23]. 4 HC CIV-2002-485-826, 5 September 2008 at [62]. 5 Ophthalmological Society of New Zealand Inc...

6. Urban Development Bill Advice [pdf, 131 KB]

   ...review, but “any attempt completely to deprive the High Court of its review powers would violate the guarantee”.5 28. Clause 29(2) of the Bill prohibits a person from applying for judicial review of a decision on a draft development plan and appealing to the High Court in respect of the same decision on a development plan, unless both applications are made together. We consider this prohibition is appropriately characterised as a procedural restriction on the right to judicial review...

7. Bayne v Trustees of the Ngāti Rehua Ngāti Wai Ki Aotea Trust (2019) Chief Judge's MB 1432 (2019 CJ 1432) [pdf, 228 KB]

   ...these orders. I dismissed this application for want of jurisdiction on 22 August 2016.7 It would appear that the applicant is now using this s 30 application to re-litigate the issue raised in her s 45 application. Section 30 is not a rehearing or appeal provision and can not be used in this manner. [26] The purpose of a s 30 application is to determine the most appropriate representative for a specified purpose, not to resolve historical grievances or relitigate issues before the...

8. Bradbury v Police (Mootness) [2020] NZHRRT 1 [pdf, 161 KB]

   ...(1) This section applies if— (a) proceedings are commenced in the Tribunal under section 102 or 103 in respect of a complaint about a decision made by an agency under subpart 1 of Part 4 to refuse access to personal information; or (b) an appeal is lodged in the Tribunal under section 110 against an access direction directing an agency to provide access to personal information. (2) During the proceedings the Tribunal may, for the purpose of determining whether the agency may prop...

9. [2018] NZEmpC 159 X v The Chief Executive of the Department of Corrections [pdf, 365 KB]

   ...but disputed the appropriateness of an uplift, because he maintained he was justified in rejecting the offer when it did not address the remedy he sought, which was reinstatement.4 [16] In Bluestar Print Group (NZ) Ltd v Mitchell the Court of Appeal emphasised that a steely approach is required to Calderbank offers.5 They should not be put aside lightly when costs are being considered. In New Zealand School of Education v Nafissi the Court considered a rejected Calderbank offer...

10. [2021] NZREADT 39 - Lee (29 July 2021) [pdf, 243 KB]

    ...New Zealand Inc v Northland Regional Council [2019] NZHC 449, at [31]. 2021 NZREADT 39 - Lee - Penalty (003) [33] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. __________________ Hon P J Andrews Chairperson _________________ Mr G Denley Member ____...