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1. [2017] EmpC 155 Quality Consumables v Hannah [pdf, 150 KB]

   ...High Court Rules 2016, reg 5.45(1). 9 reg 5.45(2). 10 Davidson v Great Barrier Airlines Ltd, above n 5, at [14]. [14] There is a need to balance the interests of the plaintiff and the defendant in the overall exercise. As the Court of Appeal observed in A S McLachlan v Mel Network Ltd:11 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order for...

2. BORA Parole Amendment Bill [pdf, 314 KB]

   ...the possibility of an earlier review) of a significant change in an offender’s circumstances or early achievement of risk milestones.[20] 7.5 Offenders may seek internal and judicial review of Board decisions.[21] In addition, offenders may appeal to the High Court against the making of a postponement order.[22] Other matters considered 8. The Bill provides for the mandatory application of the statutory standard release conditions[23] to all paroled offenders, but does not...

3. [2018] NZEmpC 92 Ovation v NZ Meat Workers & Related Trades Union [pdf, 295 KB]

   ...(permitted) and probing for evidence (not permitted)”.4 3 Benge v Air New Zealand Ltd [2011] NZEmpC 26 at [16]. 4 At [18]. [13] Finally, I refer to the well-known dicta of the Court of Appeal in Price Waterhouse v Fortex Group Ltd:5 In marginal cases, it is better to avoid generalities and rules of thumb, and to return to principles. The pleader and Court simply ask, “in the circumstances of this claim”, is that sta...

4. Zhai v The Real Estate Agents Authority [2018] NZREADT 33 [pdf, 178 KB]

   ...Accordingly, Mr Zhai’s application for review is dismissed. zhai-v-the-real-estate-agents-authority-[2018]-nzreadt-33 [31] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of 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 __________________ Ms C Sandelin Member...

5. [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...

6. 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...

7. 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...

8. 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...

9. 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...

10. [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...