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1. UN v OL LCRO 49 / 2012 (9 April 2013) [pdf, 105 KB]

   ...times, Mr UN was representing himself. Complaint [2] In his complaint to the Lawyers Complaints Service dated [2012] Mr UN says the following: He was representing himself in proceedings before the High Court, in which he was seeking leave to appeal out of time against a District Court decision. The practitioner was representing the other party. 2 During the course of argument before the High Court Judge, the practitioner submitted that Mr UN owned property (land) ove...

2. MLC - Glossary of terms [pdf, 184 KB]

   ...blocks of land are cancelled and a single title is issued for the whole of the area. The blocks of land are no longer separate. (Refer to section 307 of the Act.) ANNUITY A yearly grant or allowance usually provided for in a will. APPEAL A complaint to a superior Court (in this instance the Māori Appellate Court) of a perceived injustice done by an inferior one. The party complaining is called the appellant(s) and the other party are called the respondent(s). A...

3. [2016] NZEmpC 88 TD Drilling 2014 Ltd v Crichton [pdf, 162 KB]

   ...of execution are well known. 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 need to preserve the position in case the appeal is successful. Relevant factors include whether the appeal would be rendered nugatory if the stay were not granted, the bona fides of the applicant as to the prosecution of the appeal, the effect on any third parties, injury or detri...

4. [2018] NZEmpC 51 Kocatürk v Zara’s Turkish Ltd [pdf, 349 KB]

   ...certainty that a party to litigation is entitled to have when a determination has been issued and the time to challenge as of right has elapsed. The Court referred, with approval, to the general principle summarised in Avery v No 2 Public Service Appeal Board where the Court of Appeal discussed the radical change that occurs when the time to file an appeal has passed. Once the time has passed the change is that rights to challenge have been lost and an indulgence is sought.9 The...

5. WEBINAR Self Represented Persons and Community Groups in the Environment Court [pdf, 261 KB]

   ...“Use of Te Reo Māori and Sign Language”, and contact particulars. The Overview page can be https://environmentcourt.govt.nz/ 3 particularly useful, setting out a simply-worded summary of the main steps that occur in resource consent appeals and plan appeals, and offering advice about lodging appeals or applications, or getting involved in proceedings. It also offers advice about particular things to note before a hearing, as well as at a hearing and after; and importantl...

6. Federated-Farmers-of-New-Zealand.pdf [pdf, 326 KB]

   ...the purposes of section 308C or 308CA of the Resource Management Act 1991. Federated Farmers is interested in all of the proceedings. 1. Federated Farmers represents farmers in the Waikato and Waipā Rivers Catchment. 2. Federated Farmers has appealed the decision to on Proposed Waikato Regional Council Plan Change 1 – Waikato and Waipā River Catchments (“PC1”), as amended by the Hearing Panel, in its entirety, i.e. the decision as it relates to the introduction and all o...

7. [2021] NZEmpC 79 McKay v Wanaka Pharmacy Ltd [pdf, 227 KB]

   ...The primary purpose of s 140(6) is to secure compliance; a further purpose is to impose a sanction for non-compliance.4 [21] In this case, I consider a fine is an appropriate sanction. In Peter Reynolds Mechanical Ltd v Denyer the Court of Appeal indicated that a range of factors will be relevant in assessing the level of a fine.5 Those factors include the nature of the default (deliberate or wilful), whether it is repeated, without excuse or explanation, and whether it is ongo...

8. [2017] NZEmpC 80 E Tu Inc v NZ Transport Agency [pdf, 138 KB]

   ...parties by investigating the meaning of a collective instrument, or by determining its proper application and operation. 18 Judge Inglis noted that this was an obiter observation. 19 [17] A further factor relates to the trio of Court of Appeal decisions which discuss the principles applying to an award of costs in this Court. Reference was not made in the Tramways Union case to the first of these, Victoria University of Wellington v Alton-Lee; 20 and the case was decided b...

9. Complaints Assessment Committee 404 v Hawkins [2017] NZREADT 35 [pdf, 193 KB]

   ...orders are appropriate, on the basis that the facts of that case were similar to those in the present case.11 [17] Mr Waalkens noted that a finding of unsatisfactory conduct has previously been made against Mr Hawkins, which is currently under appeal to the Tribunal. He submitted that it was for the Tribunal to determine what weight, if any, to place on the finding. [18] Mr Smith submitted for Mr Hawkins that an order for censure is a sufficient penalty. He submitted that while...

10. Hata - Opape 30 (2003) 81 Ōpōtiki MB 201 (81 OPO 201) [pdf, 423 KB]

    ...application. The Court must also have regard to views expressed by the pcas during a hearing. Minute Book: 81 OPO 206 Not long after the last hearing of this application it was brought to my attention, that the High Court and then the Court of Appeal were engaged in judicial review and appeal proceedings concerning the specific approach the Maori Land Court took to an application under section 135/93. (See finally Bruce v Edwards [2003] 1 NZLR 515 (CA)) The decision of the Court of A...