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1. [2024] NZEnvC 244 Bowkett v Whangarei District Council [pdf, 295 KB]

   Bowkett v Whangarei District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 244 IN THE MATTER OF appeals against abatement notices under section 325 of the Resource Management Act 1991 BETWEEN GD BOWKETT (ENV-2023-AKL-150) (ENV-2023-AKL-153) Appellant AND WHANGĀREI DISTRICT COUNCIL NORTHLAND REGIONAL COUNCIL Respondent IN THE MATTER OF an application for enforcement orders under sect...

2. Fox-Warren v Accident Compensation Corporation (Treatment injury/Revocation of Cover) [2025] NZACC 116 (16 July 2025) [pdf, 176 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2025] NZACC 116 ACAR 208/24 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN SUE FOX-WARREN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 10 July 2025 Held at: Wellington by AVL Appearances: The Appellant is self-represented B Marten/S Stewart for the Accident Compensation...

3. David Bain report of Hon Ian Binnie QC on compensation claim amended [pdf, 1.4 MB]

   ...Minister’s Letter 3. My mandate letter states that the ordinary Cabinet Guidelines respecting compensation for the wrongfully convicted do not apply in this case because David Bain did not receive a free pardon and the Privy Council, in allowing his appeal, did not acquit him or stay further criminal proceedings. 4. Accordingly, David Bain’s claim for compensation falls to be considered outside the ordinary Cabinet Guidelines for compensation to the wrongfully convicted. It fal...

4. [2012] NZEmpC 57 Foai v Air New Zealand Ltd [pdf, 265 KB]

   FOAI V AIR NEW ZEALAND LIMITED NZEmpC WN [2012] NZEmpC 57 [4 April 2012] IN THE EMPLOYMENT COURT WELLINGTON [2012] NZEmpC 57 WRC 36/10 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN CLINT FOAI Plaintiff AND AIR NEW ZEALAND LIMITED Defendant Hearing: 31 October and 1 November 2011, 24 November 2011 (Heard at Wellington) Appearances: Johanne Greally, counsel for the plaintiff Tim Cleary, counsel

5. Emtage v Accident Compensation Corporation (Revocation of Cover) [2023] NZACC 84 [pdf, 522 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 84 ACR 124/21 ACR 234/21 ACR 235/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN NICOLA EMTAGE Appellant AND ACCIDENT COMPENSATION CORPORATION First Respondent AND SOUTHERN TRANSPORT COMPANY LIMITED Second Respondent Hearing: 9-10 March 2023 19 April 2023 Heard at: Inv...

6. [2015] NZEmpC 114 TGP v TFE and SDI and TDI [pdf, 154 KB]

   ...order is contained in virtually identical terms in cl 12, sch 3 of the Act. The discretion vested in both the Authority and the Court is wide. [10] In dealing with precedent on the point, the Authority stated as follows: 9 [6] The Court of Appeal has repeatedly stated that the principle of open justice is the appropriate starting point in cases involving non-publication orders and that this applies in both civil and criminal proceedings. The principle of open justice includes...

7. Maserow v CAC404 & Ors [2016] NZREADT 19 [pdf, 183 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2016] NZREADT 19 READT 053/15 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN STEPHEN MASEROW Applicant AND REAL ESTATE AGENTS AUTHORITY (CAC 404) First respondent AND RAJENDRA KUMAR AND MADHU MALA Second respondents MEMBERS OF TRIBUNAL Ms K Davenport QC – Chairperson Ms N Dangen- – Member Ms C Sandelin- – Member HEARD at AUCKLAND on 25...

8. McLeod v Nga Uri a Maata Ngapo - Charitable Trust Harataunga West 2B2A1 Block [2017] Chief Judge's MB 46 (2017 CJ 46) [pdf, 474 KB]

   ...the Chief Judge is made. 4 Such applications are unique to the Māori Land Court’s jurisdiction. 5 This exceptionality demands that the Chief Judge’s discretion is exercised with care, 6 and sets s 45 applications apart as distinct from appeals made to appellate courts throughout the judicial system. Accordingly, applications raising issues akin to those raised in an appeal or rehearing, as opposed to those highlighting a patent defect in the order, are not appropriately rai...

9. [2019] NZEmpC 9 Prasad v LSG Sky Chefs New Zealand Ltd [pdf, 351 KB]

   ...what was said in open Court in Prasad may be relevant” to other, unrelated, litigation. The request lacks specificity. While seeking documents relevant to another proceeding may be a “reasonable and legitimate purpose”, as the Court of Appeal noted in Greymouth Petroleum, it is not a reasonable and legitimate purpose when the exercise is purely speculative. [6] The application was dismissed because it involved a vague hope that a search of the transcript might assist in bol...

10. TI v N Ltd [2019] NZDT 1438 (30 September 2019) [pdf, 200 KB]

    ...within 28 days of the decision having been made. If you are outside of time, you must also fill out an Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Ground for Appeal There is only one ground for appealing a decision of the Tribunal. This is that the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceed...