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  1. [2023] NZEmpC 114 Jeon v A Labour Inspector of the Ministry of Business, Innovation and Employment [pdf, 196 KB]

    ...must be exercised judicially and according to principle. [5] The range of factors generally considered relevant in this jurisdiction are well established.2 They are borrowed from the approach adopted in the High Court and the Court of Appeal under the relevant rules of both Courts.3 [6] The starting point is that the successful party is entitled to the benefit of the judgment they have obtained at first instance. As the Court of Appeal has confirmed, orders for stay shou...

  2. [2024] NZEnvC 059 Wildon Dairy Limited v Central Otago District Council [pdf, 1 MB]

    IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KOTI TAIAO O AOTEAROA KI OTAUTAHI IN THE MA TIER AND BETWEEN AND Decision l\J"o. [2024] NZEnvC 59 of the Resource Management Act 1991 an appeal under s120 of the Act WILDON DAIRY LIMITED (ENV-2023-CHC-34) Appellant CENTRAL OTAGO DISTRICT COUNCIL Respondent Environment Judge J J M Hassan - sitting alone under s279 of the Act In Chambers at Christchurch Date of Consent Order: 27 March 2024 CONSENT ORDER A: U...

  3. Puohotaua v Paranihi - Rakato and Part Rakato B Māori Reservation (2024) 486 Aotea MB 31 (486 AOT 31) [pdf, 284 KB]

    ...overturned on appeal, as is the position here. However, that in of itself is not a basis for my recusal. There must be something more than that fact alone, and nothing further was advanced by Ms Puohotaua. [24] What I decided in the matter successfully appealed by Ms Puohotaua has absolutely no bearing on how I will decide a completely different application, involving a different trust. There is no nexus between the claimed lack of confidence, given what I decided previously and a...

  4. PDF legal aid forms

    ...Form 44 Employment Relations Authority - Fixed Fees - for cases prior to 1 January 2023 Form 44a Employment Relations Authority - Fixed Fees - for cases from 1 January 2023 Form 46 Public Protection Orders Form 48 Children's Workers Exemption Appeals - for cases prior to 1 January 2023 Form 48a Children's Workers Exemption Appeals - for cases from 1 January 2023 Criminal legal aid (for use for charges filed on or before to 30 June 2013) Form 23 Criminal legal aid fixed fees...

  5. Auckland Standards Committee v Lee [2015] NZLCDT 33 [pdf, 36 KB]

    ...Her first comments related to the defendant, as recorded at paragraph [53] of the decision:1 “To permit the defendant to continue to litigate with the Konishis in this proceeding despite unpaid costs awards in the High Court and the Court of Appeal is an abuse of process in any Court. I therefore now make an order preventing her from taking any steps in this proceeding unless and until those costs awards are met. …” [6] Her Honour then goes on to refer to Mr Lee’s own posi...

  6. [2012] NZEmpC 4 Haig v Edgewater Developers Ltd and Others [pdf, 127 KB]

    ...the parent and controller of the New Zealand companies Edgewater Developers Limited and Carrington Farms Limited. [7] Mr Haig first issued proceedings in the High Court against the defendants. Summary judgment was eventually given 1 but an appeal to the Court of Appeal against that judgment identified, for the first time, that a number of the issues between the parties were employment related and therefore not ones for the High Court. The appeal was allowed 2 and the remaining...

  7. Ali v Wang [2015] NZIACDT 50 (13 May 2015) [pdf, 208 KB]

    ...Martin’s unlawful conduct. While that is relevant to whether Mr Wang was honest, I am none-the-less satisfied he allowed Mr Martin to engage with clients and perform work believing he, not the Tribunal, understood the correct boundaries. [88] He appealed the Tribunal’s decision unsuccessfully (Wang v Immigration Advisers Authority [2012] DCR 180). In his evidence on this matter, he explained the Tribunal’s adverse finding in terms of the inadequacy of his response. His evidence u...

  8. Stewart v CAC10064 & Cooper [2013] NZREADT 58 [pdf, 58 KB]

    BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2013] NZREADT 58 READT 57/12 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN GORDON ALEXANDER STEWART Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 10064) First respondent AND ROSS (MURRAY) COOPER Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Ms N Dangen - Member Mr J Gaukrodger - Member HEARD at AUCKLAND on 30 Ap...

  9. UC v OX LCRO 179-180 / 2011 (11 March 2013) [pdf, 139 KB]

    ...further $7,500 in exemplary damages against UC. He also granted injunctive relief restraining UC from publishing material defamatory of OX. [5] It is not necessary for the purposes of this review to detail the various Court proceedings by way of appeal and judicial review which ensued but it is to be noted that in each instance UC has been unsuccessful. The complaints [6] UC’s first complaint against OX started as a complaint to the Serious Fraud Office (SFO) which forwarded...