Search Results

1. International Covenant on Civil and Political Rights - government reply to issues 6th report [pdf, 624 KB]

   ...application of the New Zealand Bill of Rights Act 1990 (NZBORA) and the Covenant. A selection of key judgements made during the reporting period, addressing a range of rights, is set out below. 10. In Atkinson v Ministry of Health 1 the Court of Appeal recognised that “[O]ne of the purposes of NZBORA is to affirm New Zealand's commitment to the International Covenant on Civil and Political Rights”. The respondents were adult disabled children and their parents who were aff...

2. Justice Sector Crown Law forecast 2015 to 2019 [pdf, 347 KB]

   ...into the following types:  District Court jury trials  Judge-alone trials in either the High Court or District Courts (for offences on the Schedule attached to the Crown Prosecution Regulations 2 )  High Court jury trials  Court of Appeal cases  High Court appeal cases. A table giving the numbers of disposals of each type over the forecast period is in Table 2 in the Appendix. District Court “committal guilty” cases (the residue of pre-CPA cases involving Cro...

3. [2009] NZEmpC AC 17/09 Lloydd v Diagnostic Medlab Services Ltd [pdf, 26 KB]

   ...Australia PTY Ltd v Hillard [2008] VSC 115. [15] Ms Meechan contended that garden leave provisions did not raise any important questions of law in New Zealand. She submitted the Employment Relations Authority, the Employment Court and the Court of Appeal have determined a number of cases in which garden leave clauses have been involved and cited: Maguire v Drake NZ Ltd WA 66/08, 15 May 2008, Marlborough Mortgages Ltd v Nichols CA40/08, 14 April 2008; Cullen Building Supplies Lt...

4. [2006] NZEmpC WC 24/06 Weston v Fraser [pdf, 32 KB]

   ...interests in Australia support Mr Fraser’s concern that the judgment sum should be held on trust pending the hearing of the challenge to the Authority’s determination. Application for stay [13] The principles for granting a stay pending an appeal are: (a) Whether the successful party would be injuriously affected. (b) The bona fides of the applicant as to prosecution of the appeal. (c) The novelty and importance of the question involved. (d) The public interest in the proceedi...

5. [2012] NZEmpC 165 Snowdon v Radio New Zealand Ltd [pdf, 68 KB]

   ...that for counsel for the defendant to peruse. [11] Although not addressed in the memorandum, because of presumably the indication that I gave that I would consider indemnity costs, I found considerable guidance from the decision of the Court of Appeal in Saunders v Winton Stock Feed Ltd. 3 The Court of Appeal confirmed, that in general, orders for costs are to be a reasonable contribution to actual costs. That general approach yields where it does not deliver a just result and...

6. [2013] NZEmpC 90 Hamon v Coromandel Independent Living Trust [pdf, 69 KB]

   ...1 [2012] NZEmpC 118. 2 [2013] NZEmpC 56. The total costs sought amounted to $18,774.85. [6] Counsel for the defendant referred to two of the three leading cases on costs in the Court of Appeal, Victoria University of Wellington v Alton-Lee, 3 Binnie v Pacific Health Limited. 4 [7] Counsel for the defendant submitted that the proper approach to determining costs was to enquire into the reasonableness, decide on the level of

7. Fetherston v REAA & Milne [2013] NZREADT 12 [pdf, 31 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2013] NZREADT 12 READT 035/12 IN THE MATTER OF an appeal under s.112 of the Real Estate Agents Act 2008 BETWEEN DENIS FETHERSTON Appellant AND REAL ESTATE AGENTS AUTHORITY (CAC20005) First Respondent AND RICHARD MILNE Second Respondent MEMBERS OF TRIBUNAL Ms K Davenport – Chairperson Mr J Gaukrodger – Member Mr G Denley – Member HEARD AT AUCKLAND 29 Jan...

8. Fitzgerald & Anor v REAA CAC 20007 & Anor [2014] NZREADT 43 [pdf, 32 KB]

   ...a positive obligation to explore where the boundaries were and to convey this information to the purchaser. Accordingly they found Ms Fitzgerald guilty of unsatisfactory conduct but did not impose a penalty. [5] Both Ms Fitzgerald and Mr Reddy appealed from this decision. Mr Reddy has abandoned his appeal but Ms Fitzgerald continues with her appeal. The Facts [6] There is little dispute over the facts. All the parties agree that no representation as to the boundaries was ever s...

9. Justice Sector Crown Law forecast 2015 to 2019 report [pdf, 342 KB]

   ...into the following types:  District Court jury trials  Judge-alone trials in either the High Court or District Courts (for offences on the Schedule attached to the Crown Prosecution Regulations 2 )  High Court jury trials  Court of Appeal cases  High Court appeal cases. A table giving the numbers of disposals of each type over the forecast period is in Table 2 in the Appendix. District Court “committal guilty” cases (the residue of pre-CPA cases involving Cro...

10. [2018] NZEnvC 226 Cable Bay Wines Ltd v Auckland Council [pdf, 2.7 MB]

    ...THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: Date of Decision: Date of Issue: IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 2. 2. ~ of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act CABLE BAY WINES LIMITED & MOTUKAHA INVESTMENTS LIMITED Appellants (ENV-2018-AKL-000010) AUCKLAND COUNCIL Respondent Principal Environment Judge L J Newhook Commissioner I M Buchanan Commissione...