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1. [2024] NZEmpC 234 Bowen v National Australia Bank [pdf, 295 KB]

   ...Bowen unsuccessfully challenged that determination in the Court. The Court held that a challenge was not available under s 179(5) because it involved the procedure the Authority was following or intended to follow.7 Her application for leave to appeal to the Court of Appeal was unsuccessful.8 Consequently, Ms Bowen’s case against BNZ continued without the evidence she had intended to rely on. The second proceedings: NAB litigation [10] Ms Bowen lodged a claim in the Authori...

2. [2009] NZEmpC AC 19/09 Gilbert v The Attorney-General in respect of the CE of Department of Corrections [pdf, 59 KB]

   ...two alternative methodologies he has advanced through expert evidence, the gross amount will be taxed at an effective rate of 39 percent which would be appropriate. [28] In the December 2003 judgment, I addressed the judgment of the Court of Appeal in North Island Wholesale Grocers Ltd v Hewin [1982] 2 NZLR 176 and a subsequent judgment of the same Court in Horsburgh v NZ Meat Processors IUOW [1988] 1 NZLR 698. These are authorities for the proposition that gross remuneration mus...

3. Taueki v Horowhenua Sailing Club - Horowhenua 11 Lake Block [2014] Māori Appellate Court MB 60 (2014 APPEAL 60) [pdf, 166 KB]

   ...Wellington, jhardy@doc.govt.nz mailto:Tom@bennion.co.nz mailto:david.brown@horizons.govt.nz mailto:cooperslaw@xtra.co.nz mailto:downey@toddwhitehouse.co.nz mailto:jhardy@doc.govt.nz 2014 Maori Appellate Court MB 61 Introduction [1] This is an appeal brought by Phillip Taueki against the decision of the lower Court in declining to grant an injunction, pursuant to s 19 of Te Ture Whenua Māori Act 1993 (“the Act”) to compel the Horowhenua Rowing Club (‘the Rowing Club”) to...

4. Direct referral guide for submitters [pdf, 381 KB]

   ...will rest with the applicant. Refer to the Ministry for the Environment’s booklet, The Environment Court: Awarding and Securing Costs, for more general information about costs. Appeal As a s274 party, you may also appeal a Court decision. See Appeals on the Environment Court decision section for more information about appeals. Where will be the Court hearing held? The Court is required to hold the hearing as close to the locality of the application’s subject matter as it cons...

5. Horticulture New Zealand [pdf, 706 KB]

   ...Tom Gray Tom.Gray@ahmlaw.nz (09) 304 0425 BEFORE THE ENVIRONMENT COURT ENV-[ ] AT AUCKLAND I MUA I TE KOOTI TAIAO I TĀMAKI MAKAURAU ROHE IN THE MATTER of the Resource Management Act 1991 (the Act) AND IN THE MATTER of an appeal under Clause 14 of the First Schedule of the Act BETWEEN Horticulture New Zealand Appellant AND Waikato Regional Council Respondent NOTICE OF APPEAL – HORTICULTURE NEW ZEALAND TO: The Registr...

6. MfE-The direct referral process - for submitters [pdf, 389 KB]

   ...will rest with the applicant. Refer to the Ministry for the Environment’s booklet, The Environment Court: Awarding and Securing Costs, for more general information about costs. Appeal As a s274 party, you may also appeal a Court decision. See Appeals on the Environment Court decision section for more information about appeals. Where will be the Court hearing held? The Court is required to hold the hearing as close to the locality of the application’s subject matter as it cons...

7. E v IAG New Zealand Ltd (No 4) [2022] CEIT-2019-0013 [pdf, 535 KB]

   ...Carrothers v Jasons Travel Media Ltd24 and JKL v Stirling Anderson Ltd.25 In both cases, the issue was recall of a decision so that an order prohibiting publication could be made. The current case does not involve a decision which has been appealed and there are no issues with vexatious conduct. However, the authorities referred to above show that the issue of recall is a binary one; there is either the power to recall or there is not. The issue does not require a weighing or ba...

8. [2022] NZACC 129 – McInnes v ACC (4 July 2022) [pdf, 305 KB]

   ACR 132/20 IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 129 ACR 132/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN IAN MCINNES Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 27 May 2022 Heard at: Auckland/Tāmaki Makaurau Appearances: The Appellant in person. Ms F Becroft for the Respondent Jud...

9. Buckland v Accident Compensation Corporation (Cover) [2023] NZACC 151 [pdf, 258 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 151 ACR 127/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN BRUCE BUCKLAND Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 25 August 2023 Heard at: Wellington Appearances: Ms M Williams, Advocate for the Appellant (via AVL) Mr L Hawes-Gandar and Ms F Becroft for the Respondent (via...

10. OIA-112469.pdf [pdf, 1.2 MB]

    ...HE O FF IC IA L IN FO RM AT IO N AC T 19 82 Section 11 of the LSA gives LAS discretion to grant legal aid for civil proceedings under the CPR Act. The following civil proceedings fall under section 7(1)(b) in the High Court, Court of Appeal or the Supreme Court: • Restraining order, • Order excluding an interest from restrained property, • Asset forfeiture order, • Profit forfeiture order, • Order for relief from a civil forfeiture order, • Appeal from a civ...