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1. [2011] NZEmpC 111 Gaut v BP Oil NZ Ltd costs [pdf, 108 KB]

   ...favour of BP, alternatively, costs should lie where they fall. [7] I now turn to consider the grounds advanced by Ms Turner in support of her submissions. No costs incurred [8] Ms Turner highlighted the principle confirmed by the Court of Appeal in Binnie 5 and Victoria University of Wellington v Alton-Lee 6 that costs awarded in the Court should amount to a reasonable contribution to costs actually and reasonably incurred by the winning party. But counsel submitted that on...

2. [2009] NZEmpC AC 26/09 Merchant v CE of the Department of Corrections [pdf, 35 KB]

   ...discretion to make orders as to costs but, as with all such discretions, it must be exercised judicially and in accordance with principle. The key principles applicable to the Court’s discretion to award costs have been set out by the Court of Appeal in three very well known decisions: Victoria University of Wellington v Alton- Lee [2001] ERNZ 305, Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 and Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172. [3] The fundamental purpose...

3. Kaka v Ruapehu District Council - Ohura South N2E1B (2014) 328 Aotea MB 176 (328 AOT 176) [pdf, 195 KB]

   ...rehearing, the court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the court. [18] In Edwards v Whakatohea Māori Trust Board the Māori Appellate Court discussed the grounds w...

4. Gray - Mohaka A4 Trust (2014) 36 Takitimu MB 254 (36 TKT 254) [pdf, 176 KB]

   ...Trust (2014) 32 Täkitimu MB 63 (32 TKT 63), Gemmell v Gemmell - Mohaka A4 Trust (2014) 32 Täkitimu MB 174 (32 TKT 174) 2 See for example, Phillips v The Trustees of Mohaka A4 Trust - Mohaka A4 (2010) 2010 Mäori Appellate Court MB 425 (2010 APPEAL 425); Phillips v Trustees of Mohaka A4 – Mohaka A4 (2008) 195 Napier 137 (195 NA 137); Ashcroft v Phillips - Mohaka A4 (2005) 179 Napier MB 254 (179 NA 254) http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/p...

5. The Trustees of Lake Horowhenua Trust - Horowhenua Block 11 (2012) 285 Aotea MB 135 (285 AOT 135) [pdf, 162 KB]

   ...Court’s principal liaison officer, so fractured have relations become between the factions. Unsurprisingly, those meetings of trustees as facilitated by Mr Hau have resulted in progress to some extent. [9] In the context of elections, the Court of Appeal has made it perfectly plain that meeting procedures must be designed as to ensure the widest possible beneficiary participation. While in former times Māori communities lived in and around their lands and resources, the last ce...

6. Smith – Nikora Whānau Trust (2013) 2013 Chief Judge’s MB 302 (2013 CJ 302) [pdf, 109 KB]

   ...the opinion of the Chief Judge, is necessary in the interests of justice to remedy the mistake or omission. [21] As outlined in Amos – Horahora 1A4B, 1A4E & 1A4F, Te Ture Whenua Māori Act 1993 contains provisions for review, rehearing and appeal that should be employed before recourse to s 45 applications to the Chief Judge. Applications under s 45 are the exception, rather than the rule.1 [22] The onus of proof is on the applicant to prove the existence of the alleged mista...

7. Canterbury Westland Standards Committee v Eichelbaum [2015] NZLCDT 8 [pdf, 55 KB]

   ...immediately upon receiving the Tribunal’s decision. This response was to seek to recall it, stating that he disagreed with it and that it was inaccurate in parts. While Mr Eichelbaum is of course entitled to exercise his rights in relation to appeal without this being regarded as an aggravating feature, we do see this as demonstrating a lack of insight into his behaviour and thereby reducing the strength of some of the references which referred to this insight. In other words i...

8. LCRO 007/2017 NT YR v HV [pdf, 89 KB]

   ...scope of review [19] 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...

9. BORA Land Transport (Road Safety and Other Matters) Amendment Bill [pdf, 361 KB]

   ...with road safety while police investigations take place o the seizure is limited to 28 days and can only be extended by the District Court o the seizure ends if charges are not brought or the driver is acquitted of the offence o the driver can appeal the impoundment, first to the Police (s 102) and then to the District Court (s 110). CONSISTENCY OF THE BILL WITH SECTION 26(2) OF THE BILL OF RIGHTS ACT • Section 26(2) of the Bill of Rights Act provides that no one who has been fin...

10. LCRO 226/2016 TS v KN [pdf, 113 KB]

    ...scope of a review have been discussed by the High Court, which said of the process of review under the Lawyers and Conveyancers Act 2006 (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...