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1. EM Ltd v UN [2016] NZDT 976 (9 November 2016) [pdf, 79 KB]

   ...9 November 2016 Referee: Referee Blyth ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that UN is to pay EM Ltd the sum of $230.23 on or before 23 November 2016. Facts [1] On 12 July 2016 UN phoned EM Ltd to request a service person to come and service his Brivis gas appliance. EM Ltd booked the appointment for 27 July 2016 at 8.30 am. When Mr A from EM Ltd turned up to UN’s home at 8.30 am on 27 July 2016 UN informed him that he no longer requi...

2. [2017] NZEnvC 056 Fengli Hou & Wanshi Ruyi Trust Limited v Auckland Council [pdf, 350 KB]

   ...appeal but reconsider whether the cases ought to remain with the Environment Court. In light of the Environment Court's recent decision in Lenihan & Others v Auckland Council [2017] NZEnvC 022 (Lenihan decision), the Auckland Council has formed the view that no right of appeal to the Environment Court is available to you under the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA). Accordingly, I like to ask you a favour to transfer my appeal to High Cour...

3. [2021] NZEmpC 89 AlKazaz v Deloitte (No. 3) Ltd [pdf, 175 KB]

   ...evidence via AVL at the rescheduled hearing. [6] On a number of occasions, similar difficulties with travel to attend hearings have given rise to the Court granting leave to participate via AVL.2 [7] The defendants do not oppose the application but request that a time and date be set for Mr Charles to give his evidence via AVL so that they can arrange the order of their witnesses. [8] I am satisfied that, applying the criteria in s 5 of the Courts (Remote Participation) Act, the...

4. Criminal Cases Review Commission: May 2020 newsletter [pdf, 516 KB]

   ...governance, and look and feel of the CCRC website and the other communication tools we will use. The development of our website is progressing well, and we should be in a position to launch an interim site shortly. It will have the CCRC application form on it, which will enable those wanting to apply for a review of their conviction or sentence to start preparing applications to be received on 1 July. I will report when this becomes available. Finally, please forward this newsletter to...

5. [2019] NZEnvC 192 Invercargill City Council v Smith [pdf, 2.9 MB]

   ...makes the orders under s279(1) RMA, such orders being by consent, rather than representing a decision or determination on the merits pursuant to s297. [7] The court understands that: (a) all parties to the proceedings have executed the memorandum requesting these orders; (b) all parties are satisfied that all matters proposed for the court's endorsement fall within the court's jurisdiction , and conform to the relevant requirements and objectives of the RMA including, in...

6. Health-and-Safety-information-for-jurors-during-COVID-19-v0.4-FINAL.pdf [pdf, 136 KB]

   ...have your jury service deferred or apply to be excused. Hygiene Each Ministry and court site has a designated site manager who, amongst other things, is responsible for overseeing health and safety and hygiene at that site. The best form of defence against contracting the virus is good hygiene and the use of an appropriate mask. Hand sanitiser is available in all buildings. This includes at main entrance points. Toilets contain antibacterial soap, which are regularl...

7. 2021-06-30 Minute - PC7 - Draft Policy and Rules (Priorities) and Proposed RPS [pdf, 201 KB]

   ...July 2021 along with ORC’s advice as to the scheduling of the planning witnesses for hearing. In addition to the court’s draft provisions, the planners may propose other solutions. [5] The court does not regard its draft as being in a final form. The court simply has not had time overnight to work up drafting to this standard. That said, the parties and counsel are to take note of four matters: (a) first, key terms will need to be defined and, as discussed with counsel, the...

8. [2021] NZREADT 26 - Feng (16 June 2021) [pdf, 181 KB]

   ...sensibly oppose a recall order being made. 1 Horowhenua County v Nash (No 2) [1968] NZLR 632 (SC) at 633. 2 Brake v Boote (1991) 4 PRNZ 86 (HC). 3 [6] We consider that if the decision in the present case were allowed to stand in its present form, it might be argued that it had the effect of finally disposing of the case when there was still a significant and substantial part of it that was yet to be dealt with, namely, the appeal against sentence. In our view this is a suff...

9. [2021] NZEmpC 136 Brunning v Riccarton Florist Ltd [pdf, 180 KB]

   ...alleges there was a 100 per cent contribution to the circumstances giving rise to Ms Brunning’s dismissal. No order of stay has been made.2 1 Brunning v Riccarton Florist Ltd [2020] NZERA 532 (Member van Keulen). 2 Although the Authority was requested to make such an order when considering the making of a compliance order and declined to do so: Brunning v Riccarton Florist Ltd [2021] NZERA 296 at [3] On 12 July 2021, the Authority issued a compliance order in Ms Brunni...

10. Guidelines for Conferences in the Canterbury Earthquakes Insurance Tribunal [pdf, 166 KB]

    ...overlooked. An important part of the conference is the discussion of the damage and the response to it. Discussions will be led by the presiding Member, so preparation does not require the drafting of long detailed submissions and does not need to take the form of legal pleadings or arguments. All CEIT members are skilled and experienced lawyers who will guide the parties in the discussion. Procedure The third aspect of the first CMC is to set down the procedural steps and timeframes...