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1. [2019] NZEmpC 22 Zhang v Telco Asset Management Ltd [pdf, 319 KB]

   ...NZLR 801. taken as to the merits of the claims of the party seeking exercise of the discretion to extend time, in these paragraphs: [36] The first point we make is that in most civil cases in New Zealand there is a right to a first appeal. The Court of Appeal (Civil) Rules do not confer an explicit power on the Court of Appeal to strike out timely appeals summarily on their merits (although they do contemplate appeals being struck for non- payment of security for costs...

2. Sax v Commissioner of Police (Strike-Out – Discrimination) [2022] NZHRRT 33 [pdf, 173 KB]

   ...which the Tribunal held that the original Police letter of 24 February 2015 was the statement of reply or, in the alternative, granted leave to file a statement of reply out of time. [12] On 9 June 2015 the Tribunal was served with a notice of appeal against that decision and on 23 July 2015 the Tribunal stayed proceedings pending the outcome of the High Court appeal. [13] On 30 November 2015 the Tribunal was advised that the High Court appeal had been discontinued and on 23 Decemb...

3. [2024] NZEnvC 076 McDonnell v Auckland Council [pdf, 316 KB]

   ...REASONS Background [1] Wayne McDonnell and Katia Mackenzie are the owners of a property at 86 and 86A Michaels Avenue, Auckland. The property comprises two cross lease composite freehold/leasehold titles (the Property). [2] The appellants have appealed part of Auckland Council’s decision granting resource consent to convert the two cross lease titles for the Property to two fee simple titles subject to conditions (Subdivision appeal). The appeal seeks that conditions 8 and 9...

4. Panchalingam v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 196 [pdf, 185 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 196 ACR 102/23 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN RAJAMOKAN PANCHALINGAM Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 28 November 2023 Held at: Wellington/Whanganui-a-tara by AVL Appearances: The Appellant is self-represented F Becroft for the Acci...

5. [2023] NZEnvC 150 Port Marlborough NZ Ltd v Marlborough District Council [pdf, 667 KB]

   ...v MDC – pMEP TOPIC 3 – NATURAL CHARACTER (No 3) – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 150 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14 of the First Schedule of the Act BETWEEN PORT MARLBOROUGH NEW ZEALAND LIMITED (ENV-2020-CHC-49) (… continued on separate page) Appellants AND MARLBOROUGH DISTRICT COUNCIL Respondent Environment Judge J J M...

6. Mokena v Riwai Morgan Whānau Trust - Estate of Tamati Mokena [2014] Chief Judge's MB 314 (2014 CJ 314) [pdf, 183 KB]

   ...it could be inferred that Tamati Mokena and his children did not distinguish between his natural children and Kiwa as his whāngai son, and that this is why the land interests were distributed to them in equal shares. The respondent notes that no appeals were made against the 1950 order at the time. The respondent points to further evidence that was given by in an affidavit by Vera Morgan in 1992 that Kiwa and Ranginui had been brought up as brothers. The respondent’s submission als...

7. Gollins v CAC 20002 [2014] NZREADT 52 [pdf, 69 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2014] NZREADT 52 READT 010/14 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN CHRISTOPHER GOLLINS of Wellington, Real Estate Agent Appellant/ Defendant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 20002) Respondent/Prosecutor MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Ms N Dangen - Member Ms C Sandelin - Member BY CONSENT HEARD ON THE PAPERS DATE O...

8. [2015] NZEmpC 63 Premier Events Group Ltd v Beattie Ors [pdf, 249 KB]

   ...public policy objective of fairness to litigants and the desirability generally of bringing an end to litigation. [11] It cannot have been objectionable that the proceedings in both courts have run in parallel to date, and indeed the Court of Appeal has affirmed that principle in this case in Beattie v Premier Events Group Ltd. 1 A theoretical issue of potential double recovery could arise at the point where PEGL seeks a judgment on remedies in this court. However, in this r...

9. [2018] NZEnvC 238 Fitzgerald v Kaikoura District Council [pdf, 1.8 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Decision No. [2018] NZEnvC 238 IN THE MATTER of the Resource Management Act 1991 AND of an appeal pursuant to s 120 of the Act BETWEEN ANDREW FITZGERALD (ENV-2018-CHC-25) Appellant AND KAIKOURA DISTRICT COUNCIL Respondent ALAN AND CHRISTINE GULLEFORD Applicants Court: Environment Judge J E Borthwick Environment Commissioner C J Wilkinson Environment Commissioner ACE Leijnen Hearing: at Christchurch on 4 D...

10. [2021] NZIACDT 5 - KG v Registrar of Immigration Advisers (22 March 2021) [pdf, 236 KB]

    IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2021] NZIACDT 05 Reference No: IACDT 06/20 IN THE MATTER of an appeal against a decision of the Registrar under s 54 of the Immigration Advisers Licensing Act 2007 BY KG Appellant AND THE REGISTRAR OF IMMIGRATION ADVISERS Registrar SUBJECT TO SUPPRESSION ORDER DECISION Dated 22 March 2021 REPRESENTATION: Appellant: Self-rep...