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1. RN v QW LCRO 226/2012 (8 September 2016) [pdf, 97 KB]

   ...No. 1 of the Auckland District Law Society v P (2001) 18 PRNZ 760 (HC). and in particular the fact that “the discretion to omit fresh evidence should be sparingly used and not to provide litigants with an opportunity to bolster their case on appeal”. Counsel submits the evidence does not meet the test for “fresh evidence” for the reasons explained in the submissions. 15 [79] As to delay, the date of the conduct, 14 August 2009, is raised and the time the complaint and rev...

2. [2013] NZEmpC 235 Young v Bay Of Plenty DHB [pdf, 181 KB]

   ...[67] Shorn of all embellishments, collateral complaints and attacks on the Board, Mr Young’s grievance that he was dismissed unjustifiably has been heard and determined by the Employment Relations Authority. Mr Young lost his opportunity to appeal against that determination by de novo challenge and was not permitted to do so out of time. He is faced with what lawyers call issue estoppel. This is the rule of law that prohibits the same issue being tried again in separate proceedin...

3. [2018] NZEmpC 37 Edminstin v Sanford Ltd [pdf, 396 KB]

   ...he was successful and is, therefore, entitled to an order in his favour. In supporting this claim, Mr Andrew’s submissions relied on the discretion to award costs in cl 19 of sch 3 of the Act and on the principles derived from three Court of Appeal decisions: Victoria University of Wellington v Alton- Lee,20 Binnie v Pacific Health Ltd,21 and Health Waikato v Elmsly.22 Initially, no submissions were made about the appropriateness, or reasonableness, of applying the Court’s Guid...

4. Complaints Assessment Committee (CAC 408) v Nicholas Schembri, Joseph Lupi & Timothy Kearins [2017] NZREADT 24 [pdf, 311 KB]

   ...confirm to the Tribunal whether she is still seeking name suppression within 28 days. 21 (e) Until the Tribunal have submissions on name suppression the decision will not be published. [43] The Tribunal draws the parties attention to the appeal provisions of s. 116 Real Estate Agents Act. …………………………………………………………………. Ms KG Davenport QC Chairperson …………………………………...

5. [2018] NZEmpC 61 Butterfield v Alliance Group Ltd [pdf, 364 KB]

   ...were persons intending to work was based on them advising AFFCO at the end of one season of their current addresses and phone numbers on which they wished to be contacted for employment at the beginning of the following season. In the Court of Appeal, the Court held that the freezing workers did not fall within the definition of “persons intending to work” because the formal elements of an employment contract were required, rather than simply an intention by the workers to take...

6. AVS Operating Guidelines for District Courts [pdf, 817 KB]

   ...appearing remotely. A judicial protocol has been developed to cover all sites and hearings in Appendix 1. 1.4 Authority to Use Section 103 of the Evidence Act 2006 allows for applications to be made to the court (the Supreme Court, the Court of Appeal, the High Court, any District Court, Family Court or Youth Court) for witnesses to give evidence in an 3 alternative way. Alternative ways are outlined in section 105. Those which could be facilitated by AVS include a witne...

7. E82 Martin Te Moni - EIC - Ngaati Whanaunga [pdf, 1.8 MB]

   ...used as a code for social conduct that is essentially based on safety, risk avoidance and appropriate ways to manage the environmental responsibilities. Mason Durie observed that:12 “Explanations of tapu as primarily religious in nature appeal to those who seek spiritual answers for societal conduct. The more temporal view holds sway where survival and health maintenance are seen as the main challenges for tribal societies. But common to both views is the acceptance of ta...

8. Boon v Tuwhangai - Kawhia U2B Block [2020] Chief Judges MB 1084 (2020 CJ 1084) [pdf, 309 KB]

   ...balance of probabilities that there was a mistake or omission. Ngā kaupapa – Issues [31] The issues for determination are: 11 Tau v Ngā Whānau o Morven and Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 2020 Chief Judge’s MB 1098 (a) Was the order complained of erroneous in fact or law because of any mistake or omission on the part of the Court or in the presentation of facts of the case to the Court...

9. Fehling v Ministry of Health (Strike-Out of Second Defendant) [2016] NZHRRT 29 [pdf, 107 KB]

   ...and 105 of the Human Rights Act. Section 105 requires the Tribunal “to act according to the substantial merits of the case, without regard to technicalities”. That section applies, with necessary modifications, to decisions of this Court on appeal against a decision of the Tribunal: s123(5). [46] The Tribunal has an express power to dismiss proceedings, if satisfied that they are frivolous, vexatious or not brought in good faith: s115. As Mr Laurenson points out, the Tribunal del...

10. Taueki - Horowhenua 11 (Lake) Māori Reservation (2005) 163 Aotea MB 99 (163 AOT 99) [pdf, 1.4 MB]

    ...trustee satisfactorily; or (b) Because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. Minute Book: 163 AOT 106 The role of the Maori Land Court [19] The Court of Appeal confirmed the broad powers of the Maori Land Court in respect of trusts in the important judgment The Proprietors of Mangakino Township v The Maori Land Court & Anor (CA65/99, 16 June 1999, Wellington). In that decision it was not...