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  1. [2008] Olsen v Carter Holt Harvey IT Ltd Full Court [Chief Judge Colgan, Judges Shaw and Couch, AC 45/08 [pdf, 97 KB]

    ...the ordinary meaning of the word “arranges” and to the protective purpose of this part of the ER Act, however, it must be construed relatively widely. [87] In Giltrap City Limited v The Commerce Commission [2004] 1 NZLR 608, the Court of Appeal considered the meaning of the term “arrangement” in s27 of the Commerce Act 1986. It concluded that, to establish an arrangement, it was not necessary to rely on concepts of mutuality, obligation or duty and that the ultimate inq...

  2. Richards - Karaka Huarua A and B (2004) 98 Whangārei 273 (98 WH 273) [pdf, 4.7 MB]

    ...application for partition on the grounds that in the interests of the owners it would inexpedient to allow the whole of the land on the lake side of the highway to be divided between three owners. In upholding the lower Court decision and dismissing the appeal, the Appellate Court stated at page 2-3: " ... The Judge below concluded that the three applicants werB upicking the eyes out of the block" (our words); he was of the view that the land the applicants sought, because it...

  3. [2017] NZEmpC 117 Underhill v Coca-Cola Amatil NZ Ltd [pdf, 429 KB]

    ...personal grievance could not have been raised by these two actions. 5 Creedy v Commissioner of Police [2006] ERNZ 517 (EmpC) (emphasis added). It should be noted that Creedy was overturned on appeal, but not on this point of law. See Creedy v Commissioner of Police [2007] NZCA 311; Creedy v Commissioner of Police [2008] NZSC 31, [2008] 3 NZLR 7. 6 Idea Services Ltd v Barker [2012] NZEmpC 112, [2012] ERNZ 454. 7 At [34]. 8 At...

  4. [2018] NZEnvC 151 NZ Energy & Ngati Rangi v Manawatu Wanganui Regional Council [pdf, 3 MB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND AND Decision No. [2018] NZEnvC 151 of the Resource Management Act 1991 of appeals under s 120 of the Act NEW ZEALAND ENERGY LIMITED (ENV-2014-WLG-000005) Appellant NGATI RANG I TRUST (ENV-2014-WLG-000006) Appellant MANAWATU-WANGANUI REGIONAL COUNCIL Respondent Court: Environment Judge B P Dwyer sitting alone under s 279 of the Act Hearing: In Chambers Date of De...

  5. [2018] NZEmpC 123 Roach v Nazareth Care Charitable Trust Board [pdf, 567 KB]

    ...remuneration lost by that employee as a result of the personal grievance, a sum greater than that to which an order under that subsection may relate. [70] The approach to assessing claims for lost remuneration was dealt with by the Court of Appeal in Telecom New Zealand Ltd v Nutter.30 Because of the indefinite duration of employment agreements there is legitimate scope to debate the period of time in respect of which compensation should be awarded in cases of unjustified dismis...

  6. [2023] NZIACDT 23 – ED v Dai (11 August 2023) [pdf, 245 KB]

    ...to bear in mind his obligation to write to clients with details of all material discussions and that he was required to personally obtain his clients’ instructions. The Authority regards such a letter as a warning to Mr Dai. Complainant’s appeal to Tribunal [47] On about 11 June 2020, the complainant appealed to the Tribunal against the Registrar’s decision not to pursue the complaint. [48] In her undated letter in support, the complainant says that false information was...

  7. COURTS126-Lets-talk-court-booklet-2019-Print.pdf [pdf, 3.8 MB]

    ...paying a fine. The victim advisor or police officer in charge of the case should tell you whether the defendant was found guilty or not guilty, what the sentence was and what it means. They should also tell you whether the defendant is going to appeal the decision. This is when the defendant asks to have their case or sentence considered again. LET’S TALK COURT | 27 You may feel like talking to someone after the case has finished. You could talk to the police officer in char...

  8. Tuhaka v Samuels - Succession to Kahukuranui Piwari [2025] Chief Judge's MB 728 (2025 CJ 728) [pdf, 586 KB]

    2025 Chief Judge's MB 728 Tuhaka v Samuels- Succession to Kahukuranui Piwari [2025] Chief Judge's MB 728 (2025 CJ 728) I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O AOTEA In the Māori Land Court of New Zealand Aotea District AP-20230000027478 A20200013963 CJ 2020/57 WĀHANGA Under Section 45, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Succession to Kahukuranui Piwari in relation to the interests of Albert Nuku also know

  9. Guide for Policy and Legal Advisors

    ...conditions as the prosecution the right, if convicted of an offence in respect of which the penalty has been varied between the commission of the offence and sentencing, to the benefit of the lesser penalty the right, if convicted of the offence, to appeal according to law to a higher court against the conviction or against the sentence or against both the right, in the case of a child, to be dealt with in a manner that takes account of the child's age. These rights only affect what should hap...

  10. Eichelbaum report - appendices [pdf, 540 KB]

    ...evidence at trial against Michaels, alleging a range of bizarre sexual practices which had allegedly occurred during school hours. Despite the absence of any supporting medical evidence, Michaels was found guilty. However, the verdict was quashed on appeal, largely on the basis of the highly suggestive interviewing procedures employed and the lack of any corroborative evidence for the various allegations made. 12. Similar apparent miscarriages of justice have occurred elsewhere in other cases...