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1. [2013] NZEmpC 58 O’Hagan v Waitomo Adventures Ltd [pdf, 125 KB]

   ...usual approach in this jurisdiction in ordinary cases is 66 percent of actual and reasonable costs. From that starting point, factors that justify either an increase or decrease are assessed. 2 [6] In Snowden v Radio New Zealand 3 the Court of Appeal indicated that it will consider whether this “traditional means” of fixing costs should be maintained, in light of changes to the costs policy reflected in the High Court Rules and s 6 of the Interpretation Act 1999. 4 While...

2. [2015] NZSSAA 009, 13 February [pdf, 66 KB]

   [2015] NZSSAA 009 Reference No. SSA 133/13 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of XXXX against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY Ms M Wallace - Chairperson Mr K Williams - Member Lady Tureiti Moxon - Member HEARING at Hamilton on 16 October 2014 APPEARANCES Mr A Hope for the appellant Ms C Rameil for the Chief Executive of the Ministry o...

3. Auckland Standards Committee v Banbrook [2014] NZLCDT 37 [pdf, 104 KB]

   ...Mr Banbrook’s fitness to practice, but that was abandoned by the Standards Committee, having regard to the High Court decision in Davidson.1 [4] The charge is denied by Mr Banbrook who, of necessity, conceded the fact of the conviction (his appeal to the Court of Appeal having been unsuccessful2), but argued that in his particular case that a reasonable member of the public, fully informed of the relevant facts leading to his conviction, would not view Mr Banbrook’s conduct as...

4. Tesar v REAA CAC 20004 & Ors [2014] NZREADT 18 [pdf, 54 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2014] NZREADT 18 READT 064/12 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN BRYONY TESAR of Motueka, Real Estate Agent Appellant AND REAL ESTATE AGENTS AUTHORITY (CAC 20004) First respondent AND WENDY PARKER AND PHILLIP ARMIT, Complainant Purchasers Second respondents MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member M...

5. LCRO 230/2015 ZM v LG [pdf, 123 KB]

   ...the course of justice by allowing the Tribunal members to continue, in the course of the hearing, to labour under a misapprehension that the s 147 notice was valid. 3 [19] After the Tribunal had delivered its decision, Mr ZM sought to both appeal and judicially review the Tribunal’s decision. Those proceedings were consolidated. [20] Mr ZM also applied to the court to have Ms LG, and other counsel from Ms LG’s firm, excluded from acting in the appeal and review proceedings...

6. [2008] NZEmpC CC 5C/08 Vice-Chancellor of Lincoln University v Stewart [pdf, 46 KB]

   ...come to expressing a view is an obiter remark in paragraph [2] of the decision in Witcombe where Chief Judge Colgan described the proceedings as being an application for special leave under s178(3) “… as the statute permits in addition to an appeal …”. [13] As a matter of principle, it is unsatisfactory for there to be two alternative processes available in the Court to address the same issue. Such a situation is even more unsatisfactory where those two processes involve th...

7. [2019] NZEnvC 035 Taylor v Small [pdf, 269 KB]

   ...and made the declaration sought in the second cause of action, namely that the equestrian facilities complex (described in the judgment of the judiciary) is in breach of the restrictive covenant. The Judgment has since become the subject of an appeal and a cross appeal by both parties in the Court of Appeal. 10 December 2018 The applicants filed a memorandum stating that they had come to the view that there was no useful purpose served in pursuing the enforcement application rel...

8. CAC 413 v Marr [2019] NZREADT 28 - Penalty (1 July 2019) [pdf, 201 KB]

   ...Justice Faire.3 Of particular relevance to the charge against Ms Marr was his Honour’s finding that the 2 August agreement “was not a genuine document and it was certainly not signed by Ms Guttenbeil on 2 August 2013”.4 [12] Ms Marr’s appeal to the Court of Appeal was dismissed.5 We note that she did not appeal the finding that the 2 August agreement was not a genuine document, and was not signed by Ms Guttenbeil on 2 August. [13] For the purposes of penalty, we record t...

9. LCRO 166/2018 KZ v AB (16 July 2019) [pdf, 150 KB]

   ...‘… abnormal, uncommon or out of the ordinary’ or where a lawyer had undertaken work ‘deemed to be incompetent or negligent’”. The Standards Committee determination [17] In its determination, the Committee referred to the Court of Appeal judgment in Cortez Investments Ltd v Olphert & Collins.2 The Court said:3 2 Standards Committee determination, 24 August 2018 at [15], citing Cortez Investments Ltd v Olphert & Co...

10. Electoral (Registration of Sentenced Prisoners Amendment Bill [pdf, 3.3 MB]

    ...proposes to revert to the 1993-2010 position, in that only prisoners sentenced to imprisonment for three years or more would be disqualified. The Bill would also: Taylor n Allorng,Geueral of New Zealawd [20151 NZIIC 1706, [20151 3 NZLR 791. The case was appealed to the Court of Appeal and Supreme Court (on the question of the jurisdiction of the Court to make declarations of inconsistency), which upheld the declaration. 2 Ngaronoa u Allorug, Geneml 120171 NZCA 351, 1201713 NZLR 643. L...