Search Results

1. Knight - Estate of Rewiti Te Rakaherea [2019] Chief Judge's MB 74 (2019 CJ 74) [pdf, 374 KB]

   ...contrary) applies to s 45 applications. Therefore in the absence of a patent defect in the order, there is a presumption that the order made was correct; 6 [2010] Maori Appellate Court MB 167-216 (2010 APPEAL 167). 7 [2009] Chief Judge’s MB 209-225 (2009 CJ 209). 2019 Chief Judge’s MB 86 • Evidence given at the time the order was made, by persons more closely related to the subject matter in both time and knowledge, is...

2. LCRO 229/2017 and 021/2018 VL v YN (8 May 2019) [pdf, 257 KB]

   ...in court. [77] Another decision of this Office where an award of compensation for anguish and distress has been made is LCRO 79/09 which involved a situation where dilatory conduct by a lawyer resulted in clients being out of time for lodging an appeal in court.13 In that review, the applicant had claimed a sum of $18,000 by way of compensation for “stress 12 At [29]. 13 LCRO 79/09 (24 September 2009). 15 of an emotional and...

3. Julian v Inia-McCaull - Estate of Moehuarahi Te Ruuri [2018] Chief Judge's Minute Book 493 (2018 CJ 493) [pdf, 374 KB]

   ...order was made, or through submissions on the law. Issues [21] The issues for me to determine are: 3 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 4 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2018 Chief Judge’s Minute Book 503 (a) whether the Lower Court erred in making an order for succession in terms of the will; (b) whether the applicant had notice of the application for succession and constituting the wha...

4. [2021] NZREADT 8 - Complaints Assessment Committee 2001 v Sheldon (19 February 2021) [pdf, 198 KB]

   ...Tribunal will determine penalty on the papers, unless the parties advise the Tribunal that an oral hearing is sought. [70] 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 N O’Connor Member _________________...

5. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Evidence- John Craig [pdf, 133 KB]

   BI-309448-3-581-V2 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent BRIEF OF EVIDENCE OF JOHN LAURENCE CRAIG ____________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor on recor...

6. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Evidence - Stephen Chiles [pdf, 1.6 MB]

   CFH-309448-3-451-V2 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent BRIEF OF EVIDENCE OF DR STEPHEN GORDON CHILES ____________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor...

7. [2020] NZEmpC 167 Noble v Ballooning Canterbury.com Ltd [pdf, 287 KB]

   ...Analysis [70] The Supreme Court has made it clear that unless there are exceptional reasons, costs should follow the result: Shirley v Wairarapa District Health Board.26 [71] The Court went on to refer to dicta from the English Court of Appeal which discussed when it may be permissible to depart from the ordinary course, in Forster v Farquhar, where Bowen L J had said:27 We can get no nearer to a perfect test than the inquiry whether it would be more fair as between the pa...

8. [2019] NZEmpC 129 A v N Ltd [pdf, 291 KB]

   ...irregularities. A in this case should, therefore, have been entitled to the remedy of reimbursement for wages lost because of the grievance.2 1 A v N Ltd [2018] NZERA Auckland 248. 2 The Court of Appeal in Waitakere City Council v Ioane [2004] 2 ERNZ 194 (CA) at [22]-[26] and Telecom NZ Ltd v Nutter [2004] 1 ERNZ 315 (CA) at [81] suggested a “loss of chance” approach should be used. The implication is that, if the dismissal was...

9. Justice Matters - issue 17 - December 2019 [pdf, 5 MB]

   ...important mechanism that will enable investigations into miscarriages of justice to be completed in an independent, timely and fair way. “We’ve seen how our justice system can very occasionally get things spectacularly wrong, even with rights of appeals, and there needs to be a chance for the innocent on the right grounds to seek a final review of their case.” The Commission will have important information- gathering powers, including the ability to apply for a court order to acc...

10. [2020] NZEmpC 51 O’Boyle v McCue [pdf, 298 KB]

    ...information not be disclosed whether or not the communication or information is privileged by another provision of this subpart or would, except for a limitation or restriction imposed by this subpart, be privileged. [35] In R v X, the Court of Appeal discussed the scope of s 69 in detail.5 It emphasised that confidential information may be disclosed in court unless the judge gives a direction under s 69(2) having regard to the factors in s 69(3).6 It is also clear from the judg...