Search Results

1. [2006] NZEmpC CC 12/06 Bayliss Sharr & Hansen v McDonald [pdf, 85 KB]

   ...spell was broken and the relationship effectively at an end. [22] The key principles to be applied in determining whether a termination of employment such as this should be regarded as a constructive dismissal are those enunciated by the Court of Appeal in Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 where, at page 172, the Court said: In such a case as this we consider that the first relevant question is wheth...

2. [2012] NZEmpC 218 NZ Airline Pilots Association v Mt Cook Airlines Ltd [pdf, 147 KB]

   ...Thompson, counsel for the defendant Judgment: 17 December 2012 JUDGMENT OF JUDGE A D FORD Introduction [1] After the hearing of this case in May 2011, the parties agreed that judgment should be deferred pending delivery of the Court of Appeal decision in Postal Workers Union of Aotearoa Incorporated and Street v New Zealand Post Limited. 1 It was considered that the decision in that case could have relevance in that it was concerned with the correct method of calculat...

3. Bayne v Ngati Rehua Ngati Wai ki Aotea Trust Board - Ngatirehua Ngatiwai ki Aotea Trust (2015) 115 Taitokerau MB 41 (115 TTK 41) [pdf, 228 KB]

   ...of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 of this Act or an appeal under Part 2 of this Act relates. (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be expressed to be binding on the Maori Trustee. 115 Taitokerau MB 46...

4. [2015] NZEmpC 192 Lim v Meadow Mushrooms Ltd [pdf, 192 KB]

   ...which the election is made is to be sufficiently particularised so as to give full advice to both the Court and the other party of the issues involved; and  the relief sought. b) A non de novo hearing is accordingly in the nature of an appeal and the challenger/plaintiff is required to show that the Authority’s determination was wrong. 3 c) Thus, the challenger has an onus of persuading the Court of the existence of an error of fact and/or law by the Authority in its...

5. BORA Criminal Proceeds (Recovery) Bill [pdf, 437 KB]

   ...example, do these apply to economic or other non-liberty affecting penalties such as forfeiture of property? 9. This matter has not been the subject of detailed judicial consideration in New Zealand, although in Lyall v Solicitor-General[2] the Court of Appeal appears to have proceeded on the assumption that s 9 was applicable to a determination of whether tainted property should be forfeited to the Crown under the Proceeds of Crime Act 1991. 10. In the United States it has been held th...

6. NZLS 19 Mar 2013 Giving Evidence [pdf, 281 KB]

   ...evidence, a mistrial is declared for some reason and the matter has to be retried; ·· when a jury is unable to reach a decision (this is known as a “hung” jury) and the matter has to be retried; · PAGE 8 · GIVING EVIDENCE ·· when an appeal results in an order for a retrial – otherwise appeals do not usually require you to give evidence again. WHAT HAPPENS AFTER I’VE GIVEN EVIDENCE? When you have answered all the questions from both sides, your part in the proceed...

7. [2021] NZEnvC 006 Bay of Islands Maritime Park Inc v Northland Regional Council [pdf, 694 KB]

   ...KITAMAKIMAKAURAU IN THE MATTER OF BETWEEN AND [2021] NZEnvC 006 an appeal under clause 14 of Schedule 1 of the Resource Management Act 1991, and of a Declaration pursuant to section 310 of the Act, and of NES-F 2020 and jurisdiction on appeals before this Court on Topics 7, 9 and 15 BAY OF ISLANDS MARITIME PARK INCORPORATED (ENV-2019-AKL-117) CEP SERVICES MA TAUWHI LIMITED (ENV-2019-AKL-111) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV...

8. LCRO 192/2017 KY v QW, Official Assignee (27 September 2019) [pdf, 141 KB]

   ...scope of review [33] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:9 … 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...

9. [2021] NZACC 67 - BH v ACC (27 April 2021) [pdf, 218 KB]

   ...ANY DETAILS THAT MIGHT IDENTIFY THE APPELLANT IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 67 ACR 08/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN BH Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 19 March 2021 Heard at: Wellington/Te Whanganui-A-Tara Appearances: Ms B Woodhouse for the appellant...

10. [2021] NZACC 190 – Barton v ACC (30 November 2021) [pdf, 225 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 190 ACR 276/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN STEVEN BARTON Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 23 November 2021 Held at: Rotorua/Rotorua-Nui-A-Kahumatamomoe Appearances: A Carlyle for the appellant P A McBride for the Accident Co...