Search Results

1. Statistical bulletin: An overview of conviction and sentencing statistics in New Zealand 1998 to 2007 [pdf, 2.4 MB]

   ...justice system. The shaded area defines the scope of this summary report. Charge flow through the criminal justice process 3 1 The data used in this report was extracted from the Justice Data Warehouse on 15 August 2008. 2 www.stats.govt.nz/products-and-services/table-builder/ 3 This diagram does not include appeal or review processes. Discharge without conviction Conviction Sentence? Youth Court ‘proved’ Youth Court order or other disposition YEs NO NO Deferment Conv...

2. [2007] NZEmpC CC 22/07 NZ Amalgamated Engineering Printing & Manufacturing Union v Air Nelson Ltd [pdf, 54 KB]

   ...find this description includes line maintenance. Previous cases [16] The principal decision on which both parties relied is that of the full Court in Finau & Ors v Southward Engineering Company Limited WC 17/07, 25 July 2007. Leave to appeal that decision has been sought and the application for leave was heard by the Court of Appeal on 15 October 2007. Mr Wilton, who was also counsel in Finau, told us that at the conclusion of that hearing the presiding Justice intimated t...

3. [2012] NZEmpC 38 Munro v Hibiscus Coast Security [pdf, 112 KB]

   ...the proposal to suspend him prior to that decision being made. Constructive dismissal? [23] The plaintiff submits that the circumstances of the present case were within the third category of constructive dismissal identified by the Court of Appeal in Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd, 7 namely where a breach of duty by the employer leads an employee to resign. Counsel submitted that there was a breach of the employer’s obligation not to act in a ma...

4. [2013] NZEmpC 109 Baker v St John Central Regional Trust Board [pdf, 155 KB]

   ...the quantum of costs that might otherwise be awarded against her having regard to it. [11] Essentially, the defendant’s offer was made on a “walk away” basis. The effect of a “walk away” Calderbank offer was considered by the Court of Appeal in Hira Bhana & Co v PGG Wrightson Ltd. 6 The Court rejected a contention that such an offer was consistent with the overall purpose of a Calderbank offer, namely to limit a party’s exposure to the potentially high cost of lit...

5. [2016] NZEmpC 16 Best Health Products Ltd v Nee [pdf, 172 KB]

   ...matter. In reality BHPL elected a non de novo hearing which focused on whether BHPL should pay Ms Nee costs at all; and if not whether Ms Nee should pay BHPL costs. [14] It is relevant to note that “a non de novo hearing is in the nature of an appeal, and the challenger/plaintiff is required to show that the Authority’s determination was wrong.” 5 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 deter...

6. McLachlan v CAC 10048 & Hegan [2012] NZREADT 39 [pdf, 51 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL Decision no: [2012] NZREADT 39 Reference no: READT 55/11 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN ROBERT JAMES McLACHLAN Applicant AND REAL ESTATE AGENTS AUTHORITY (CAC 10048) First respondent AND GRAEME HEGAN Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr J Gaukrodger - Member Mr G Denley - Member HEARD at INVE...

7. [2014] NZEmpC 15 Mattingly v Strata Title Management Ltd [pdf, 98 KB]

   ...equity and good conscience if a substantial part of the compensation awarded to [the plaintiff] had to be disbursed to meet her expenses. [12] As Mr Oldfield acknowledged, the Court’s approach in Harris did not find favour with the Court of Appeal in Aoraki Corporation Ltd v McGavin, a case decided under the Employment Contracts Act 1991. 13 However he submitted that the enactment of the 2000 Act, and its subsequent amendments in 2004, materially alters the position. [13]...

8. VS v CN 51/2016 LCRO [pdf, 151 KB]

   ...scope of review [35] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:17 … 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 Anti-Money Laundering and Countering Financing of Terrorism Bill [pdf, 313 KB]

   ...DLR (4th) 702, 735 (SCC); British Columbia Securities Commission v Branch (1995) DLR (48) 462 (SCC) and R v Jarvis (2002) 3SCR 757 (SCC). 4 Supra. That the privacy interests of business records is limited was acknowledged by the Court of Appeal in TranzRail v Wellington District Court [2002] 3 NZLR 780 5 See R v Jarvis (2002) 3SCR 757 (SCC) where the Supreme Court of Canada held that once officials were not engaged in verifying tax liability but rather the determinat...

10. Matchitt v Butler - Matangareka 3B (2017) 177 Waiariki MB 170 (177 WAR 170) [pdf, 313 KB]

    ...Procedural history [7] The final hearing was held on 8 February 2017, following which I adjourned the application for a decision to be issued.6 [8] On 24 February, counsel for the trustees, Mr Bidois, filed an application seeking leave to appeal the preliminary decision, and on 8 March, an application for leave to appeal 1 Matchitt v Butler – Matangareka 3B Block (2016) 154 Waiāriki MB 261 (154 WAR 261). 2 58 Opotiki MB 360 (58...