Search Results

1. OIA-122273.pdf [pdf, 1 MB]

   ...the proceeding, arguing that the statement of claim raised no reasonably arguable cause of action. The High Court struck out the claims in public nuisance and negligence but not the claim based on the proposed climate system damage tort. Mr Smith appealed and the respondents cross-appealed. The Court of Appeal struck out all three causes of action and Mr Smith was then granted leave to appeal to the Supreme Court. 4. On 7 February 2024, the Supreme Court unanimously allowed the appeal. In...

2. [2013] NZEmpC 60 Snowdon v Radio New Zealand Ltd [pdf, 236 KB]

   ...aware of those health difficulties at the time, and I accepted his assurance. The evidence has subsequently indicated that Mr Hickling, the plaintiff’s husband, a barrister and solicitor who had appeared as counsel for her in a related Court of Appeal hearing 3 and has also filed many affidavits on her behalf in this Court in support of her various applications, had received a medical certificate from the plaintiff’s general practitioner on or about 6 July 2011. Mr Hickling w...

3. LCRO 173/2014 G NP and H NP v DC (27 September 2018) [pdf, 289 KB]

   ...provided several documents including relevant court decisions. [35] Ms DC said that “[the NP’s] complaints are unfounded". The costs decision [36] Ms DC noted that the costs decision was then (i.e. 27 February 2014) the subject of an appeal to the High Court. As part of her response to this issue of complaint, Ms DC set out several of the grounds of that appeal.7 [37] Ms DC disputed several of the criticisms made by the court about her conduct in the lead up to the for...

4. [2008] NZEmpC AC 9/08 Hardie (practicing as J D Hardie & Co) v Round [pdf, 63 KB]

   HARDIE (PRACTISING AS J D HARDIE & CO) V ROUND AK AC 9/08 16 April 2008 IN THE EMPLOYMENT COURT AUCKLAND AC 9/08 AEC 7/01 IN THE MATTER OF an appeal against a decision of the Employment Tribunal BETWEEN JOHN DAVID HARDIE (PRACTISING AS J D HARDIE & CO) Plaintiff AND MARTIN CHARLES ROUND Defendant Hearing: 3 April 2008 (Heard at Auckland) Appearances: Appellant in person Carl Blake, Counsel for Defendant Judgment: 16 April 2008 JUD...

5. [2012] NZEmpC 49 Miller v Fonterra Co-Operative Group [pdf, 175 KB]

   ...cases (legal professional privilege (now s 54) and litigation privilege (now s 56)) were held to be substantive legal rights which existed prior to the introduction of the Evidence Act. 7 [17] While not referred to by counsel, the Court of Appeal considered the issue of waiver of privilege in R v Bain, 8 in terms of s 65 of the Evidence Act 2006. The limited waiver at issue in that case had occurred before the Evidence Act 2006 came into force. The Court observed that privile...

6. Jackman v CAC 10100 & Raos [2011] NZREADT 31 [pdf, 152 KB]

   THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2011] NZREADT 31 READT 060/11 and 066/11 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN PAUL JACKMAN Appellant AND COMPLAINTS ASSESSMENT COMMITTEE (CAC 10100) First respondent AND MARIE RAOS Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr J Gaukrodger - Member Mr G Denley - Member HEARD at WELLINGTON 13 October 2011 DATE OF THI...

7. [2013] NZEmpC 150 McConnell v Board of Trustees of Mt Roskill Grammar School [pdf, 155 KB]

   ...interest in judicial comity, certainty, and consistency of approach. I have considered the jurisdictional issues in this case afresh, but having had the advantage of the analysis in Morgan and other judgments of this Court and of the Court of Appeal in relation to the scope of s 179(5). [15] Section 179 must be interpreted in light of its text and purpose. 4 Statutory context is also pivotal. As Tipping J observed in Commerce Commission v Fonterra Co-operative Group Ltd: 5...

8. Gardiner v Corringe - Tauwhao Te Ngare Block (2008) 93 Tauranga MB 63 (93 T 63) [pdf, 4.7 MB]

   ...was based upon a contract for services. The contract for services is personal to the parties. The mere fact that that contract for services happened to be canied out on a block of Maori freehold land is inelevant; d) That High Comi, Court of Appeal and Privy Council authorities such as Paki v Maori Land Court [1993] 3 NZLR 700, McGuire v Hastings Dis/rict Council [2003] 2 NZLR 577 and PO/wi Block IncO/poration v Attorney-General [2003] 2 NZLR 478 which discuss the jurisdiction o...

9. [2021] NZACC 29 - Van Essen v ACC (9 February 2021) [pdf, 196 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 29 ACR 162/18 ACR 210/18 ACR 384/18 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN TANIA VAN ESSEN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 26 November 2020 Heard at: Dunedin/Ōtepoti Appearances: Mr B Van Essen (husband) on behalf of t...

10. Proactive Release - Cabinet Paper for arbitrating commercial lease disputes [pdf, 714 KB]

    ...13:13:40 RE LE AS ED B Y TH E MIN IS TE R OF JU ST IC E I N C O N F I D E N C E parties to tailor the process to their particular dispute and does not necessarily require legal representation. 36 Generally, arbitral decisions cannot be appealed or reviewed in full and are final and binding. This avoids the costly and time-consuming appeals process that may occur in normal civil litigation. The scope of the grounds for an appeal are very limited unless the parties agree ot...