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1. [2017] NZEmpC 166 Sawyer v VC of Victoria University [pdf, 425 KB]

   ...be made subject to such conditions, including conditions as to the giving of security, as the Authority or the court thinks fit to impose. [15] Whether a stay is granted requires a balancing exercise in the interests of justice. The Court of Appeal in NZ Cards Ltd v Ramsay described that balance as:14 “…In determining whether or not to grant a stay, the Court must weigh the factors in the balance between the successful litigant’s rights to the fruits of a judgment and the ne...

2. [2020] NZREADT 49 - Hammond v The Real Estate Agents Authority (12 October 2020) [pdf, 255 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2020] NZREADT 49 READT 002/20 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN TERESA and BRIAN HAMMOND Appellants AND THE REAL ESTATE AGENTS AUTHORITY (CAC 520) First Respondent AND SONIA TAFILIPEPE Second Respondent On the papers Tribunal: Hon P J Andrews, Chairperson Mr G Denley, Member Ms C Sandelin, Member...

3. Cookson-Ua v Cookson-Ua - Succession to Te Waharoa Cookson Ua (2020) 64 Te Waipounamu MB 2 (64 TWP 2) [pdf, 264 KB]

   ...ought to do. They also raised a question concerning the applicant’s paternity, though provided no evidence to support their assertion. 6 Inia v Julian [2019] Māori Appellate Court MB 333 (2019 APPEAL 333). 64 Te Waipounamu MB 6 [21] The respondents submit that they do not agree to the establishment of a whānau trust, as if their father wanted this, he would have provided for it. Applicant’s submissions in response...

4. [2019] NZEnvC 149 Middleton Family Trust v Queenstown Lakes District Council [pdf, 12 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 149 of the Resource Management Act 1991 of an appeal pursuant to clause 14 of the First Schedule of the Act MIDDLETON FAMILY TRUST AND OTHERS (ENV-2018-CHC-94) Appellants QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Hearing: In Chambers at Christchurch Date of Decision: 6 September 2019 Date of Issue: 6...

5. Southern-Pastures-Limited.pdf [pdf, 287 KB]

   BEFORE THE ENVIRONMENT COURT ENV-2020-AKL-000098 AUCKLAND REGISTRY I TE KŌTI TAIAO O AOTEAROA TĀMAKI MAKAURAU ROHE IN THE MATTER of the Resource Management Act 1991 (the Act) AND IN THE MATTER of an appeal under clause 14 of Schedule 1 of the Act against the decision of the Waikato Regional Council on Proposed Plan Change 1 to the Waikato Regional Plan BETWEEN WAIRAKEI PASTORAL LIMITED Appellant AND WAIKATO REGIONAL COUNCIL Respondent NOTICE B...

6. Southern-Pastures-Limited-Partnership.pdf [pdf, 287 KB]

   BEFORE THE ENVIRONMENT COURT ENV-2020-AKL-000098 AUCKLAND REGISTRY I TE KŌTI TAIAO O AOTEAROA TĀMAKI MAKAURAU ROHE IN THE MATTER of the Resource Management Act 1991 (the Act) AND IN THE MATTER of an appeal under clause 14 of Schedule 1 of the Act against the decision of the Waikato Regional Council on Proposed Plan Change 1 to the Waikato Regional Plan BETWEEN WAIRAKEI PASTORAL LIMITED Appellant AND WAIKATO REGIONAL COUNCIL Respondent NOTICE B...

7. [2018] NZSSAA 33 (18 July 2018) [pdf, 161 KB]

   [2018] NZSSAA 33 Reference No. SSAA 075AA/11 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of XXXX against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY Mr G Pearson - Chairperson Mr K Williams - Member Hearing at Christchurch on 4 October 2017 Appearances The Appellant: No appearance For Chief Executive of the Ministry of Social Development: Mr R Moran IN...

8. [2020] NZREADT 02 - Clough v CAC 520, Bunn & Christiansen - Penalty (5 February 2020) [pdf, 157 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2020] NZREADT 02 READT 017/19 IN THE MATTER OF an appeal under s 111 of the Real Estate Agents Act 2008 BROUGHT BY NEIL CLOUGH Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 520) First Respondent AND JENNY BUNN and JOHN CHRISTIANSEN Second Respondents On the papers Tribunal: Hon P J Andrews, Chairperson Mr J Doogue, Member Mr N O’Connor...

9. 2 RIA Repeal of three strikes law [pdf, 3.3 MB]

   ...supervision. In 2020 in the case of Fitzgerald v R the offender’s third strike offence was an indecent assault that the original sentencing judge considered to be on the lower end of seriousness and would normally not lead to a jail term. The Court of Appeal found that the sentence of 7 years imprisonment imposed on Fitzgerald “goes well beyond excessive punishment and would in their view shock the conscience of properly informed New Zealanders who were aware of all the relevant...

10. [2022] NZACC 50 – Harding v ACC (24 March 2022) [pdf, 182 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 50 ACR 325/18 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN JOHANNES HARDING Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 21 March 2022 Held at: Wellington Appearances: The appellant was self-represented S Churstain for the respondent Judgment: 24 March 2...