Search Results

1. OIA-94638.pdf [pdf, 7 MB]

   ...having the characteristics of the offender". Appellate courts since R v McGregor [ 1962] NZLR 1069 have differed in their views about the proper interpretation of this phrase. 15. fu. R v Rongonui [2000] 2 NZLR 385,2 the majority of the Court of Appeal (which divided 3:2 on the issue) restated NZ law on provocation as follows. The availability of the defence depends on the defendant having exercised the self control of an ordinary person. That person's personal characteristics...

2. Tatere - Mangatainoka No 1BC No 2C Tamaki 2A2A Balance [2013] Māori Appellate Court MB 243 (2013 APPEAL 243) [pdf, 262 KB]

   ...that the beneficiaries were estopped from denying that they consented to the application the Court found that the doctrine of equitable estoppel was not available to the trustees, due in part to their conduct as alleged by TATB. The trustees have appealed that decision. Issues on appeal [6] Two issues arise under this appeal for determination. Firstly, whether the Court, having before it, the written consents of all the beneficiaries of the trusts, should have declined to va...

3. [2021] NZACC 74 - Brown v ACC (17 May 2021) [pdf, 350 KB]

   ...44 [17 May 2021] IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 44 ACR 251/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN LOUISE BROWN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 17 February 2021 Appearances: Ms B Peck and Ms Copeland for the Ap...

4. Greening - Estate of James Greening (1993) 33 Tairawhiti Appellate MB 47 (33 APGS 47) [pdf, 35 KB]

   IN THE MAORI APPELLATE COURT TAlRAWHITI DISTRICT IN THE MATTER of an Appeal by KARANEMA NORMAN GREENING, under Section 42 of the Maori Affairs Act 1953 against a Final Order of the Court made at Hastings on 8 June 1992 under Section 78A of the Maori Affairs Amendment Act 1967 in respect of the estate of JAMES GREENING, deceased. DECISION OF THE MAORI APPELLATE COURT This is an appeal made by Karanema Norman Greening against a Final Order of the Court made at Hastings on 8 Ju...

5. [2024] NZEnvC 155 Save the Maitai Inc v Nelson City Council [pdf, 888 KB]

   ...timetabling directions. Such directions will issue by Minute. E: The question of costs (if any) will be settled following the court’s final decision. REASONS Introduction [1] Save the Maitai Incorporated (‘STM’/’appellant’) has appealed against the approval by the Nelson City Council (‘NCC’/’Council’) of Private Plan Change 28 (‘PPC28’).1 [2] The PPC28 site is outlined on Figure 1 (‘the site’). The site is located to the northeast of Nelson City....

6. Memorandum of Counsel for Wellington International Airport Limited (17 January 2018) [pdf, 386 KB]

   ...May it please the Court: Introduction 1. This memorandum is filed on behalf of Wellington International Airport Limited (WIAL) in response to the Fourteenth Minute of the Environment Court dated 24 March 2017. 2. In 2017, WIAL sought leave to appeal to the Supreme Court in respect of the decision, New Zealand Airline Pilots Association Industrial Union of Workers Incorporated v Director of Civil Aviation [2017] NZCA 27. 3. At the pre-hearing conference on 23 March 2017, WIAL sou...

7. LCRO 186/2017 and 84/2018 WE v VF (28 May 2019) [pdf, 190 KB]

   ...withdrawn. Ms P instructed a QC to act as counsel in the private prosecution. [11] Mr VF unsuccessfully challenged the private prosecution on grounds of previous acquittal. That challenge involved both the District and High Court, and the Court of Appeal. It took place throughout 2015 and 2016. [12] In 2016 Mr VF renewed his challenge to the private prosecution, this time on grounds of abuse of process. The application was dismissed by the District Court. Mr VF sought leave to a...

8. [2022] NZREADT 4 - CX v REAA (5 April 2022) [pdf, 324 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2022] NZREADT 4 Reference No: READT 022/2021 IN THE MATTER OF An appeal under s 111 of the Real Estate Agents Act 2008 BETWEEN CX Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 2105) First Respondent AND TF, TH and TS Limited Second Respondents Hearing on the papers Tribunal: D J Plunkett (Chair) N O’Connor (Member) F Mathieson (Member) Representation: T...

9. Cross v Accident Compensation Corporation (Claim for personal injury, revocation of cover) [2024] NZACC 58 [pdf, 277 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 058 ACAR 229/22; ACAR 144/22 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN BRYAN CROSS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 5 April 2024 Held at: Wellington/Whanganui-a-Tara by AVL Appearances: M Williams for the Appellant T Lynskey for the...

10. [2015] NZEmpC 86 Peter Reynolds Mechanical Ltd t/a the Italian Job Service Centre v James Denyer [pdf, 64 KB]

    ...papers filed on 18 May and 9 June 2015 Appearances: I Hutcheson, counsel for applicant C Fleming, counsel for respondent Judgment: 9 June 2015 CONSENT JUDGMENT OF JUDGE CHRISTINA INGLIS [1] The applicant has filed an appeal to the decision of this Court dated 31 March 2015. 1 In the interim the applicant has applied to this Court for a stay of execution of the judgment against it. [2] The grounds for seeking a stay are set out in an application dated...