Search Results

1. [2010] NZEmpC 46 Oldco PTI Ltd v Houston [pdf, 28 KB]

   ...principles to be applied by this Court on an application for stay. The Court is required to balance the competing rights of the party who has the benefit of the judgment against the need to preserve an appellant’s position against the event of the appeal succeeding. The overriding consideration is that justice must be done between the parties. A non-comprehensive list of factors conventionally taken into account has been collected in Dymocks Franchise Systems (NSW) Pty Ltd v Bi...

2. Burn v CAC 20002 & Bardohl [2014] NZREADT 56 [pdf, 31 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2014] NZREADT 56 READT 37/13 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN PETER AND PATRICIA BURN Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 20002) First respondent AND WILLI BARDOHL Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr J Gaukrodger - Member Ms C Sandelin - Member SUBSTANTIVE CASE HEARD at AUCKLAND on 1...

3. BORA Immigration Amendment Bill (No.2) [pdf, 106 KB]

   ...order and manner of processing any application for a visa or permit. The question of whether or not an application is processed in an order and manner consistent with any such general instructions is a matter for the discretion of the officer and no appeal lies in respect of the decision to any person, Court or tribunal. In addition, no review proceedings may be brought in any Court in respect of that decision (Part 1, Clause 3, New Section 13BA). • The Bill provides for the lapsing...

4. [2017] NZEnvC 110 Auckland-Council v L Mao [pdf, 3.2 MB]

   .... REASONS Introduction [1] Mr Lau and Jesus (2016) Company Limited (the 3fd and 4th Respondents) are subject to orders of the Environment Court issued on 16 December 2016 and subject to a minor correction on 7 January 2017. The respondents appealed that decision and were unsuccessful in the High Court. On 3 April 2017 the High Court struck out that appeal, confirming a Minute of 23 March 2017. [2] On 17 July 2017 Mr Lau, acting on behalf of the 3fd and 4th respondents, filed an...

5. Smith v Smith - Waipaoa 5A2 and other lands - Estate of Francis Guthrie-Smith (2016) 64 Tairawhiti MB 15 (64 TRW 15) [pdf, 190 KB]

   ...his decision dated 18 October 2016. 2 [2] For completeness, I note from the minute of the hearing dated 7 December 2016 reference to the last two applications as being both dismissed along with A20160003384 in part. 3 I also understand that an appeal against the 18 October decision has also been adjourned to the May 2017 appeal period and that there is currently extant an application for a stay pending disposal of the appeal. Background [3] The present succession proceedings co...

6. Statutory prohibitions on publication for media [pdf, 211 KB]

   ...child or young person, except with leave of the Court that heard the proceeding. This prohibition does not apply to proceedings that are transferred from the Youth Court to the High Court. It applies only to proceedings before the Youth Court and appeals from the Youth Court. Sentence indications for proceedings commenced on or after 5 March 2012 Section 63 of the Criminal Procedure Act provides that information about a request for a sentence indication or a sentence indication that ha...

7. BORA Resource Management Amendment Bill Vet [pdf, 215 KB]

   ...Determination 2018. 5. Specifically, the Bill repeals changes made under the RLAA in order to: a. reduce the powers of the Minister for the Environment to prohibit or overturn local plan rules; b. remove preclusions on public notification and appeals for certain types of subdivision and residential activity resource consents; c. repeal the power to make additional “fast-track” activities or prescribe information requirements for fast-track applications; d. reinstate the pres...

8. Auckland Standards Committee 2 v Johnson [2021] NZLCDT 19 (28 May 2021) [pdf, 132 KB]

   ...the trustees or their representatives. The trustees were obliged to sue him. The legal circumstances were clear, but he defended the action. Even when judgment was entered against him and he had been ordered to pay indemnity costs, Mr Johnson appealed. Only at that point did he accept his wrongdoing and pay the trust $125,000 to reinstate its position. [3] The issues in this case are: • What is the significance of Mr Johnson’s previous disciplinary history? • What is the...

9. [2019] NZEnvC 124 Haines House Haulage Northland Limited v Whangarei District Council [pdf, 5.7 MB]

   /BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC \ ·z. l\-- of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act HAINES HOUSE HAULAGE NORTHLAND LIMITED (ENV-2018-AKL-125) Appellant WHANGAREI DISTRICT COUNCIL Respondent Court: Environment Judge J A Smith Environment Commissioner R M Dunlop Environment Commissioner S K Prime Hearing: Whangarei, 10-12 December 2018, inclu...

10. NZ Private Prosecution Service Ltd v Key (Strike-Out Application) [2015] NZHRRT 48 [pdf, 157 KB]

    ...timetable was amended on several occasions for reasons which are not presently material. [19] By email dated 30 June 2015 addressed to the Secretary and copied to various journalists and media outlets, Mr McCready announced his intention to file an appeal against what he again erroneously described as a decision of the Tribunal “dismissing the claim” against the defendant. The email further asserted that he had standing to file the appeal in his own right because the Chairperson had...