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1. [2012] NZEmpC 159 Q v W [pdf, 2 MB]

   ...pleadings in the previous amended statement of claim dated 9 October 2008 were statute barred. It required that a further amended statement of claim be filed and served within 60 days from the date of that judgment. The plaintiff then sought leave to appeal to the Court of Appeal. When that application was discontinued, the amended statement of claim dated 22 October 2010 was filed. [8] As to the document of 25 January 2011, Mr France correctly submitted that it did not comply w...

2. [2015] NZEmpC 159 Smith Crane & Construction Ltd v Hall [pdf, 184 KB]

   ...NZEmpC 82. 2 Hall v Smith Crane & Construction Ltd [2014] NZERA Christchurch 146. [2] I indicated that Mr Hall was entitled to apply for costs in respect of the challenge. [3] Subsequently, SCC filed an application for leave to appeal the Court’s decision to the Court of Appeal, which was declined in its judgment of 9 September 2015. 3 Mr Hall’s applications for costs [4] As Mr Hall’s costs were not fixed by the Authority, the Court was asked to do so, b...

3. Johnston & Vining Realty Group Ltd v CAC 20002 & Reid [2013] NZREADT 82 [pdf, 37 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2013] NZREADT 82 READT 079/12 and 080/12 IN THE MATTER OF appeals under s.111 of the Real Estate Agents Act 2008 BETWEEN LEEON JOHNSTON Appellant/Applicant (READT 079/12) AND VINING REALTY GROUP LIMITED Appellant (READT 080/12) AND THE REAL ESTATE AGENTS AUTHORITY (CAC 20002) First respondent AND JOHN REID Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson M...

4. Nuku v Hawea - Poukawa 13B (2011) 10 Takitimu MB 107 (10 TKT 107) [pdf, 92 KB]

   ...costs, was comparable to the activities of nineteenth century land agents, surveyors and speculators in attacking the integrity of Māori land tenure and the whakapapa that is so integral to ownership. [12] When questioned about the failure to appeal the earlier judgments, Mr Hawea claimed that he had no knowledge of those processes. While it was correct, he acknowledged, that the former trustees had received legal advice, somehow the issue of whether or not to appeal and the right...

5. BORA Corrections Bill [pdf, 107 KB]

   ...affront to the dignity of inmates. We therefore consider that the exercise of such powers appears to be unreasonable in terms of sections 9, 21, and 23(5) of the Bill of Rights Act. In stating this, we are mindful of recent statements by the Court of Appeal comments in R v Allison CA 387/01 26 November 2001 where the Court affirmed, at paras 22 – 23 of the judgment, the common law principles that a prison inmate retains all rights and privileges save for those that are inconsistent wit...

6. [2016] NZSSAA 71 (18 July 2016) [pdf, 178 KB]

   ...decision to deduct his pension from Taiwan from his entitlement to NZS. [6] The matter was reviewed internally and by a Benefits Review Committee. The Benefits Review Committee upheld the decision of the Chief Executive. The appellant then appealed to this Authority. [7] The appellant says that his pension is paid by virtue of his employment as a teacher in Taiwan. It is paid in accordance with the Statute Governing the Retirement of School Faculty staff and is administered by...

7. [2016] NZSSAA 043 (16 May 2016) [pdf, 55 KB]

   [2016] NZSSAA 043 Reference No. SSA 173/15 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX AND XXXX XXXX of Hastings against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY Ms M Wallace - Chairperson Mr K Williams - Member HEARING at WELLINGTON on 12 April 2016 APPEARANCES The appellants in person Ms J Hume for Chief Executive of the Ministry of Social Development...

8. [2021] NZEnvC 011 Northport Limited v Whangarei District Council [pdf, 1.6 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision [2021] NZEnvC O l \ IN THE MA TIER OF an appeal pursuant to clause 14 of the First Schedule of the Resource Management Act 1991 AND BETWEEN AND of an application under s 293 of the Act in relation to Noise Contours NORTHPORT LIMITED (ENV-2020-AKL-109) Appellant WHANGAREI DISTRICT COUNCIL Respondent Court: Judge J A Smith Commissioner RM Bartlett Commissioner SK Prime He...

9. King v Attorney-General (Application to Remove Proceedings to High Court) [2017] NZHRRT 10 [pdf, 215 KB]

   ...the remedies by the High Court. While this is what the Act mandates, it will come at a cost in terms of delay and additional expense. [18] The chequered history of the Spencer litigation is illustrative. There were pre-trial rulings which were appealed to the Court of Appeal (see Attorney-General v Spencer [2015] NZCA 143), a liability judgment given on 20 July 2016 (see [2016] NZHC 1650) and an application for that judgment to be recalled (see [2017] NZHC 391). All notwithstanding l...

10. [2021] NZACC 12 - Mudgway v ACC (12 January 2021) [pdf, 149 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 12 ACR 178/18 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN EVAN MUDGWAY Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 24 September 2020 Held at: Napier/Ahuriri Appearances: Ms Williams for the appellant Ms Feltham for the respondent Jud...