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1. LCRO 112-2009 KO [pdf, 87 KB]

   ...triggered. It is clear that clear in that the application must “be lodged with the Legal Complaints Review Officer within 30 working days”. The cases are clear in showing that where the applicable rules set out the manner in which an application for appeal or review is to be brought those rules must be strictly complied with: Inglis Enterprises Ltd v Race Relations Conciliator (1994) 7 PRNZ 404; Dawson v Chief Executive Officer of the Ministry of Social Development [2007] NZCA 94;...

2. LCRO 112/2009 KO - Decision on Jurisdiction (4 September 2009) [pdf, 58 KB]

   ...triggered. It is clear that clear in that the application must “be lodged with the Legal Complaints Review Officer within 30 working days”. The cases are clear in showing that where the applicable rules set out the manner in which an application for appeal or review is to be brought those rules must be strictly complied with: Inglis Enterprises Ltd v Race Relations Conciliator (1994) 7 PRNZ 404; Dawson v Chief Executive Officer of the Ministry of Social Development [2007] NZCA 94;...

3. Three Strikes Legislation Repeal Bill [pdf, 404 KB]

   ...specified offences; 6.2 three strikes results in sentences that are excessive and disproportionate to the crimes committed; 6.3 there is no clear indication that three strikes deters individuals from committing qualifying offences; 6.4 the Court of Appeal has found sentences imposed under the law may contravene the Bill of Rights Act;2 6.5 the Courts already have the power to impose sentences equivalent to those imposed under the three strikes regime; and 6.6 three strikes disprop...

4. [2021] NZEmpC 110 Reid v Ngati Rangi Trust [pdf, 177 KB]

   ...settlement of the claim in the Authority “or any subsequent related proceedings (including any subsequent challenge to the Employment Court)”. The point is repeated several times in the letter of offer. It also is consistent with the Court of Appeal’s judgment in Bluestar Print Group (NZ) Ltd v Mitchell in which the Court of Appeal held it was necessary to take into account the Calderbank offer made before the Authority’s investigation meeting because it was for more than...

5. [2024] NZEnvC 172 Forbes v Far North District Council [pdf, 246 KB]

   ...September 2024 and the time and place are to be set by the Registrar; and (4) the parties will advise if they have any objections to Commissioner Leijnen conducting the mediation no later than 5pm on 22 July 2024. REASONS Introduction [1] This appeal relates to an abatement notice issued by the Far North District Council (Council) on 19 June 2024 in respect of a breach of covenant and resource consent condition in relation to a property at 282 Rangihoua Road, Kerikeri. The abatemen...

6. [2024] NZEmpC 33 Spring 2017 Ltd v Taifau [pdf, 184 KB]

   ...make payment as long ago as 23 August 2023, failed to do so, and sought a stay at the 11th hour and only after the bailiff became involved. Ongoing delays in making payment have clearly adversely impacted on the respondent. [10] As the Court of Appeal observed in Bathurst Resources Ltd v L&M Coal Holdings Ltd, orders for stay should be approached with restraint, being the least necessary to preserve the losing party’s position against the prospect of an appeal succeeding....

7. Court and Tribunal hours – December 2024 and January 2025

   ...and reopen at 8am on Monday 6 January 2025. Courts and Tribunals Operating Hours 2024/2025 Senior Courts Supreme Court The Chief Justice has determined the following: Closes: 5pm, Monday 23 December 2024 Opens: 9am, Monday 6 January 2025  Court of Appeal The President of the Court of Appeal has determined the following: Closes: 5pm, Monday 23 December 2024 Opens: 9am, Monday 6 January 2025 High Court Auckland, Blenheim, Christchurch, Dunedin, Gisborne, Greymouth, Hamilton, Invercargill, Ma...

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8. Guide to the MVDT for traders [pdf, 151 KB]

   ...Throughout the hearing, the adjudicator and the assessor will ask you and the applicant questions. The decision After the hearing, the Tribunal will issue a written decision. If you are dissatisfied with a decision given by the MVDT you can appeal to the District Court within 10 working days after notice of the decision is given to you. You should also refer to Schedule 1, clause 16 of the Motor Vehicle Sales Act 2003 and Part 18 of the District Court Rules 2014 to ensure tha...

9. [2010] NZEmpC 45 Miller v Fonterra Co-op Group Ltd [pdf, 38 KB]

   ...included: the problem of defining separate issues with sufficient precision; judges inadvertently disqualifying themselves by expressing views on issues yet to be addressed; duplication in terms of witnesses and preparation time; the risk of multiple appeals, the risk of a further round of disclosure and other interlocutories and amended proceedings; delay in obtaining a fixture for the second hearing and the risk that the same judge might not be available. [18] Mr Drake cited...

10. [2012] NZEmpC 188 ABC01 Ltd (formerly Primary Heart Care Ltd) v Dell [pdf, 91 KB]

    ...orders could be sought from the Authority. This application for leave was filed on 17 September 2012. Mr Rakau’s affidavit in support explains the circumstances in which the challenge was filed in the wrong body (an erroneous assumption that an appeal would be lodged with the body appealed from), but does not address any other elements affecting the Court’s discretion whether to grant leave. [14] Mr Dell opposes the application for leave, citing the company’s track record...