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...3 Ashwell – Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) at [15]. 4 Tau v Nga Whanau o Morven Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) at [61]. http://www.lexisnexis.com/nz/legal/search/enhRunRemoteLink.do?ersKey=23_T27861815733&backKey=20_T27861815738&homeCsi=274461&A=0.9386854289400859&urlEnc=ISO-8859-1&&dpsi=02IN&remotekey1=REFPTID&r
...in part to address the perceived limitations of the criminal law. By the 1990s attitudes in the criminal justice system reflected these wider changes. 2 5. In Taueki 1 (the sentencing guideline judgment for serious violence) the Court of Appeal recognised that family violence was a major problem in New Zealand society. The Court stated that assault committed in a domestic context should not be treated any less seriously than other types of violence. 6. Family violence now makes...
...51-59 on 8 February 2012 - Application to the Chief Judge 20 A20210008483 58/93 Rachel Witana Omapere Taraire E & Rangihamama X3A Ahu Whenua Trust and an order varying a trust at 229 Taitokerau MB 133-160 (19 April 2021) - Notice of Appeal A20210008798 45/93 Josephine Wade CJ 2021/28 - Dean Wade - and a succession order made at 77 Taitokerau MB 16-23 on 24 March 2014 - Application to the Chief Judge A20210008931 45/93 Renee Mary Panapa CJ 2021/29 - Tane or Tame Metua...
...There are protections which may facilitate the process. First, confidentiality is provided for in s 148 of the Act. There have been many discussions as to the scope of the section. The leading case is Just Hotel Ltd v Jesudhass where the Court of Appeal remarked that the provision reflected “the desirability of encouraging the parties to a 27 Employment Relations Act 2000, s 188(2)(a) and (b). 28 Employment Relations Act 2000, s 188(2)(c). 29 FMV v TZB [2021] NZSC 102 at [...
...6 Labour costs $5,670.00 Lost wages $45,745.00 Lost reputation/credibility with Immigration NZ $5,000.00 [22] An explanation for these losses and expenses was provided by the complainant: (1) The legal fees of $9,372.50 were for the appeal against Immigration NZ’s letter of 27 May 2020 questioning her credibility. (2) The further legal fees of $625.03 were for consultations regarding the investigation of Mr Ji. (3) The labour costs of $5,670 were for the time of the c...
...the need to retain connectivity for those who require different transport options. The earliest that decisions could be made on submissions on PClA is typically 9 to 12 months from the date of public notification of those proposed amendments. If appeals are lodged against any of the decisions on PClA the operative date for the rules could be delayed by months pending resolution of the appeals.3 [4] The Council lodged an affidavit sworn by Christine Anne Foster (a resource manageme...
...officials have reviewed the proposal and consider that key elements of the alcohol licensing regime would be undermined if introduced as written. These include the public objection process, reporting and potential opposition by regulatory officers, appeal rights, and the DLC’s discretion to consider a wide range of matters – rather than constrained to a narrow range of specific conditions and being required to grant a variation if these are met. Further, DLCs can refer matters to the...
...therefore, necessary to interpret the section adaptively. The Court is also empowered to consider any other factors it thinks appropriate and that may have a bearing on applying s 103A(3).6 [15] In Grace Team Accounting v Brake the Court of Appeal held that if an employer can show the redundancy is genuine (where genuine means the decision is based on business requirements and is not a pretext for dismissing a disliked employee), and that the notice and consultation requirements...
...and Mrs FR’s responses, largely repeat information provided to the Standards Committee. Scope of review [46] The High Court has described a review by this Office in the following way:22 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It inv...
...disclosure of potentially relevant documents and their admissibility in evidence, he also said that, when it comes to assessing relevance, it is necessary to consider the context of “overbreadth and oppressive effect”. [95] The Court of Appeal in Airways Corporation of New Zealand Ltd v Postles noted that the concept of relevance should not be looked at narrowly, albeit the concept can never be divorced from the issues raised by the pleadings.19 A possibly more restric...