Search Results

1. [2013] NZEmpC 223 Wallace & Cooper Ltd t/a Andar Holdings v Irvine [pdf, 72 KB]

   ...stage prior to submissions on costs. In the absence of a convincing reason why the claim was not made earlier, it is now too late. [3] In deciding costs, the Court usually applies the principles arising from three leading decisions of the Court of Appeal. 2 The fundamental purpose of an award of costs is to recompense a party who has been successful in litigation for the cost of being represented in that litigation by counsel or an advocate. A useful starting point is two-third...

2. BORA Video Camera Surveillance (Temporary Measures) Bill [pdf, 320 KB]

   ...5 of that Act. However, in respect of the right to be free from unreasonable search and seizure, it is unnecessary to carry out a further analysis under s 5. If a search or seizure is unreasonable it cannot be justified. [4] • The Court of Appeal has said that the “touchstone” of s 21 is the protection of reasonable expectations of privacy: [5] • The main aim of s 21 of the Bill of Rights is to protect privacy interests. It is only where a person's reasonable expect...

3. [2017] NZEmpC 58 AFFCO New Zealand Ltd v NZ Meat Workers & Related Trades Union Inc [pdf, 140 KB]

   ...in AFFCO New Zealand Ltd v New Zealand Meat Workers & Related Trades Union Inc [2016] NZEmpC 17, [2016] ERNZ 85. 2 New Zealand Meat Workers & Related Trades Union Inc v AFFCO New Zealand Ltd [2015] NZEmpC 204, (2005) 10 NZELC 79-057; an appeal was considered by the Court of Appeal: AFFCO New Zealand Ltd v New Zealand Meat Workers & Related Trades Union Inc [2016] NZCA 482, (2016) 10 NZELC 79-067; leave to appeal that judgment to the Supreme Court was subsequently grante...

4. BORA Limited Partnerships Bill [pdf, 316 KB]

   ...any private individuals concerned. The documents or information obtained may only be disclosed consistently with the purposes of the inspection powers granted in clause 71. Furthermore, clause 74 (Exercise of powers under section 71 not affected by appeal) provides that, in the event of a successful appeal against the exercise the power under clause 71, the Registrar must ensure the destruction of documents and materials. 19. We, therefore, conclude that the clauses in the Bill relating...

5. LCRO 004/2016 VN v VN (27 July 2017) [pdf, 134 KB]

   ...scope of review [15] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

6. LCRO 106/2016 CA v BF (15 May 2017) [pdf, 92 KB]

   ...scope of review [21] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:6 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

7. Wilson - Bruce Bay Block XIV section 781A (2005) 110 South Island MB 80 (110 SI 80) [pdf, 449 KB]

   ...adequate opportunity to consider the proposed change of status and a sufficient proportion of the owners agree to it. The leading Maori Appellate Court authorities on the issue of status change are re Part Orokawa 3B - Loma Cleave (1995) Taitokerau Appeallate MB 95, in re Maketu A2A - White (1991) Waiariki Appellate MB 116, in re Papamoa 2Al - Arapeta Hoko 203 20 Waiariki Appellate MB (APWM) 167 and in re Part Orokawa 3B - Dovey Regeling (2004) 6 Whangarei Appellate MB (APWH) 157. The es...

8. Te Kani - Lot 2 Deposited Plan South Auckland 8992 (2007) 88 Tauranga MB 112 (88 T 112) [pdf, 1.5 MB]

   ...status change. The superior courts, as noted by counsel, have also provided guidance on the issue of status change and alienation generally. In addition to BroIVn v Maori Appellate COllrt there is of course the important judgment of the Court of Appeal Vallier-General v Proprietors Mallgatll Illcorporatioll [1997] 3 NZLR 641. At page 649 of the decision, Richardson P makes it plain that the Act provides for alienation but in limited circumstances: UTile 1993 Act imposes vel)! significa...

9. CB v DS LCRO 61/2017 [pdf, 91 KB]

   ...scope of review [14] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:6 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

10. LCRO 76/2013 OP v The Trust (21 July 2017) [pdf, 127 KB]

    ...scope of review [21] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...