Search Results

1. [2017] NZEmpC 137 Adison Group Ltd v Belliard [pdf, 140 KB]

   ...considerations [13] Both parties point to Assured Financial Peace Ltd v Pais as setting out seven considerations that may apply when considering whether a stay should be ordered:5 • If no stay is granted, whether the applicant’s right of appeal will be ineffectual; • whether the appeal is brought and prosecuted for good reasons, in good faith; • whether the successful party at first instance will be affected injuriously by a stay; • the effect on third parties; ...

2. [2016] NZEmpC 147 ITE v ALA [pdf, 90 KB]

   ...provided. Agreement did not prove possible and memoranda were subsequently filed. 1 P v Q [2015] NZERA Auckland 181. 2 ITE v ALA [2016] NZEmpC 42. A subsequent application for leave to appeal was dismissed; B v ALA [2016] NZCA 385. 3 At [86]–[87], [105]. The indemnity provision was reflected in identical terms in an undertaking signed by the plaintiff. 4 At [86]. 5 At [91]. [5] Further issues th...

3. MLC - 2017 Nov - Judge Craig Coxhead’s Conference Report [pdf, 178 KB]

   ...Justice of The Supreme Court of New South Wales, Mr Kohei Nasu, former Judge of Supreme Court of Japan, Mr Wenxian Zhang, Vice President of the China Law Society, the Hon Geoffrey Tao-li Ma GBM QC SC, Chief Justice of the Hong Kong Court of Final Appeal, Dato' Mah Weng Kwai, former Judge of Court of Appeal of Malaysia and Dr Oliver Stolpe, Senior Program Officer, Corruption and Economic Crime Branch, United Nations Office on Drugs and Crime. These presenters spoke on judicial in...

4. BORA Education Amendment Bill [pdf, 377 KB]

   ...the Tribunal has the power to subsequently lift or revoke an interim suspension following reconsideration – see proposed new section 139AUA(1)(d). 13 The review of an interim suspension under section 139AUA(2) is not subject to a formal right of appeal. However, a decision of the chairperson of the Tribunal under this provision is likely to be amenable to judicial review. 14 In addition, the first period of interim suspension may not be any longer than three months, following which th...

5. Griffiths Penalty [2017] NZREADT 41 [pdf, 123 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2017] NZREADT 41 READT 026/16 UNDER THE REAL ESTATE AGENTS ACT 2008 IN THE MATTER OF AN APPEAL UNDER SECTION 111 OF THE ACT BETWEEN RODNEY GRIFFITHS Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 412) First respondent AND JOHN BURNETT Second respondent Hearing: On the papers Tribunal: Ms K Davenport QC – Chairperson Mr J Gaukrodger – Member Mr G Denley ...

6. Auckland Standards Committee 5 v Ellis [2020] NZLCDT 16 (8 June 2020) [pdf, 98 KB]

   ...TRIBUNAL ON PENALTY Introduction [1] This decision concludes the two final sets of charges relating to this practitioner which remain before this Tribunal. The practitioner was struck off by the Tribunal on 2 November 2018. That order was appealed, and in June 2019 the strike-off order was upheld by the High Court.1 [2] These current matters were held over until the outcome of the appeal was known, following which counsel had further discussions. It had been indicated by co...

7. OWRUG - EiC - H S Mackenzie (4 Feb 2021) [pdf, 11 MB]

   ...relation to PC7 and is all from my own and KCL’s experiences in regards to our latest consent. After 10 years of work, KCL lodged its replacement resource consent applications for the whole Kyeburn catchment in 2017. The consents were granted by appealed to the Environment Court by the Otago Fish and Game Council. We resolved that appeal following nearly 2 years of mediation and consent orders were granted by the Court on 31 October 2019: ENV-2017-CHC-63. I attach a copy of...

8. 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;...

9. 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;...

10. 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...