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1. Contact Energy Limited.pdf [pdf, 227 KB]

   ...BF\60542268\AKD-96(60542268 | Page 2 TO: The Registrar Environment Court AUCKLAND 1. Contact Energy Limited (“Contact”) gives notice under section 274 of the Resource Management Act 1991 (“RMA”) that it wishes to be a party to the appeal by The Director-General of Conservation (“Appellant”) against the Waikato Regional Council’s decision on Proposed Plan Change 1 to the Waikato Regional Plan (“PC1”). 2. Contact is a person who has an interest in the pro...

2. [2020] NZEmpC 21 A Labour Inspector v NewZealand Fusion International Ltd [pdf, 142 KB]

   ...for a rehearing is being pursued for good reason and in good faith. The grounds for the application for a rehearing appear to me to be weak (for reasons I will come to) and the effect of the application, which had previously been coupled with an appeal in the Court of Appeal (since abandoned) is to seek to delay enforcement. Having said that, I accept that the quantum of orders made against the applicants is significant and that the second applicant, in particular, has strong view...

3. [2020] NZEmpC 22 Carruthers v Brommel Roofing Ltd [pdf, 132 KB]

   ...imposed upon parties who are in default with compliance orders. [7] For first-time appearances, the authorities would tend to suggest that fines in the region of $10,000 could be imposed. I was referred to the decision of the Court of Appeal in Peter Reynolds Mechanical Ltd, (T/A The Italian Job Service Centre) v Labour Inspector.2 That was an appeal to the Court of Appeal against a decision of the Employment Court,3 in which the fine that had been imposed by the Employm...

4. [2021] NZEmpC 223 UXK v Talent Propeller Ltd [pdf, 217 KB]

   ...Guideline Scale as to Costs may be a factor in the exercise of the discretion, but it is not dispositive. [18] This case requires a consideration of the circumstances where a party is legally aided. In Curtis v Commonwealth of Australia, the Court of Appeal considered whether a successful party funded by legal aid could recover scale costs or some lesser amount.12 In that particular context, the Court of Appeal said: [22] The quantum [of costs] should be according to the Court...

5. [2023] NZEmpC 53 Halse v Employment Relations Authority [pdf, 199 KB]

   ...proceedings has already been heard. The matter was reserved and is awaiting decision. Mr Halse has applied to stay the determination of that strike-out application pending the outcome of separate judicial review proceedings to be filed in the Court of Appeal in relation to Halse v Employment Relations Authority.3 These proceedings are yet to be filed. Mr Halse had initially said they would be filed by 31 January 2023, but in this hearing he advised that they would be filed by 28 F...

6. Media information

   ...media guide for reporting the courts and tribunals. Media guide for reporting the courts and tribunals Further Resources Courts of New Zealand Resource sheets: In-Court Media Guidelines 2016 and Schedules In-Court Media Coverage in the High Court, Court of Appeal, and Supreme Court Access to Court Information in the High Court, Court of Appeal, and Supreme Court Cases in the High Court New Zealand Court Process for Murder Charges Suppression and Statutory Prohibition...

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7. Proactive release - New Compensation Guidelines for Wrongful Conviction and Imprisonment [pdf, 756 KB]

   ...claimants whose losses, while not inconsequential, are of a different kind than those deprived of liberty. One procedure for all wrongful convictions 24. I do, however, propose that the eligibility limitation to persons who have had successful appeals that do not result in a retrial be dispensed with. The expectation, underpinning the Law Commission’s recommendation - that the requirement would operate as a proxy for merit - has not been borne out in practice. It is common practic...

8. Dorbu v The Lawyers and Conveyancers Disciplinary Tribunal Anor CIV 2009 404 7381 [pdf, 288 KB]

   ...Zealand. Judicial Review [5] It is important to set out clearly the Court‘s jurisdiction in this matter. In particular, it must be emphasised that the applicant‘s challenge to the first respondent‘s findings is not by way of general appeal. 3 The Court‘s role is not to look at the charges afresh and make its own determination of them on the merits. It is more limited than that. The Court‘s role is to ensure that the decisions challenged

9. Payne - Estate of Hami Te Maunu (2013) 2013 Chief Judge's MB 598 (2013 CJ 598) [pdf, 303 KB]

   ...13 Section 14 (1), Native Land Act 1894 14 1 Judge Wilson’s Minute Book 133 (1 JWWM 133) 15 Also known as Hami Te Maunu 16 1 Chatham Island MB 42 (1 CHAT 42) 17 (2010 Māori Appellate Court MB 167 (2010 APPEAL 167) 2013 Chief Judge’s MB 604 In reaching that conclusion we do not suggest for one moment that all Native Land Court titles are subject to such findings. The evidence here was compelling and conclusive, once it was all uncove

10. [2016] NZEmpC 50 NZ Nurses Org & Anor v Waikato District Health Board [pdf, 249 KB]

    ...conclusive, indicator of what the parties meant. But the wider context may point to some interpretation other than the most obvious one and may also assist in determining the meaning intended in cases of ambiguity or uncertainty. [22] The Court of Appeal in Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc confirmed that, generally speaking, the principles of contractual interpretation have equal application in the interpretation of collective agreemen...