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1. Fehling v Appleby (Bankruptcy) [2014] NZHRRT 17 [pdf, 42 KB]

   ...Report (undated but printed on 17 February 2014) attached to Mr Bell’s memorandum contains an entry which reads: Unsecured creditor with POD $2,037,703.50. [4] Mr Bell sought the further directions of the Tribunal in light of this information. [5] In response Mr Fehling has submitted that s 76 of the Insolvency Act 2006 has no application to the proceedings before the Tribunal. [6] In further submissions Mr Bell has made three points: [6.1] Section 76(1) of the Insolve...

2. [2016] NZEmpC 93 Radius Residential Care Ltd v NZ Nurses Organisation [pdf, 72 KB]

   ...to be heard on Wednesday 10 August 2016, the plaintiff is seeking damages and penalties against the defendants on the basis of alleged unlawful strike action. [2] In an interlocutory judgment of Chief Judge Colgan dated 6 July 2016, issues of requests for disclosure of documents against the defendants were dealt with and resolved. 1 [3] The effect of the interlocutory judgment was that inter-parties document disclosure was not prohibited where penalties are included in the remedi...

3. BD Ltd v YW [2013] NZDT 654 (28 November 2013) [pdf, 114 KB]

   ...guarantee, which is addressed to the applicant, reads: “To: BD Limited I/We, YW (full Christian and Surnames of Guarantors) OF ABC [sic] (NZ) Ltd IN CONSIDERATION of you agreeing to supply paint and/or other goods or services at my/our request to YW (full names of customer where Limited Liability Company) (hereinafter called “The Customer”) I/we DO HEREBY JOINTLY AND SEVERALLY guarantee to you the due and punctual payment to you by the Customer of all monie...

4. TK v GC LCRO 245/2015 (5 April 2016) [pdf, 31 KB]

   ...section 193 must— http://www.brookersonline.co.nz/databases/modus/lawpart/statutes/link?id=ACT-NZL-PUB-Y.2006-1%7eBDY%7ePT.7%7eSG.!103%7eS.193&si=57359&sid=0dnxbnibf3wwbk3lbgkhg36h07ix24i1&sp=bcase� 2 (a) be in the prescribed form; and (b) be lodged with the Legal Complaints Review Officer within 30 working days after a copy or notice of the determination, requirement, or order made, or the direction given, or the performance or exercise of the function or power, by...

5. ZC v DM LCRO 307/2013 (30 January 2014) [pdf, 25 KB]

   ...determination by fax which was transmitted at 5.46 pm. The original application together with the filing fee was received on 6 September 2013. [3] Section 198 of Act provides that every application for review under s 193 must: (a) be in the prescribed form; 2 (b) be lodged with the Legal Complaints Review Officer within 30 working days after a copy or notice of the determination... by the Standards Committee (or by any person on its behalf or with its authority) is served...

6. Kuttikkatt v Standing [2014] NZIACDT 40 (27 March 2014) [pdf, 72 KB]

   ...on the appropriate sanctions, including potential orders for costs, refund of fees and compensation. Whether they do so or not, the adviser is entitled to make submissions and respond to any submissions from the other parties. [14] The Tribunal requests the complainant to identify the amount of the fee she seeks to have repaid. 4 [15] Any application for an order for the payment of costs or expenses under section 51(1)(g) should be accompanied by a schedule particularising...

7. Davis v Davis - Estate of Charles Davis (2008) 137 Otorohanga MB 57 (137 OT 57) [pdf, 897 KB]

   ...application. The applicant was not represented by legal Counsel, but had the assistance of Norman Tane acting in the nature of a McKenzie friend. [2] The applicant provided an invoice for costs of $600.00. The invoice was not detailed and the COUlt requested the applicant to provide actual evidence of the costs incun'ed in the application. No such evidence has been provided and it is now appropriate that the Court makes a decision in respect of the costs application. Applicant&...

8. BORA Education Amendment Bill [pdf, 195 KB]

   ...seizure powers for the purposes of section 21 of the Bill of Rights Act. 10. The principal Act contains a number of constraints on the exercise of these powers: a. the purpose of the inspection and seizure powers are explicitly set out (such as to perform an audit, or assess compliance with the relevant legal requirements) b. the manner in which the powers can be exercised is explicitly stated and limited (including by specifying the authorisation of inspectors, the requirement to produ...

9. BORA Education (Social Investment Funding and Abolition of Decile System) Amendment Bill [pdf, 272 KB]

   ...Rights Act. In reaching that conclusion, we have considered the consistency of the Bill with s 14 (freedom of expression). Our analysis is set out below. The Bill 3. The Bill amends the Education Act 1989 (‘the Education Act’) and the Official Information Act 1982 (‘the Official Information Act’). 4. The Bill inserts a new Part 8AA to the Education Act. New Part 8AA prohibits the decile system being used as a basis for public funding, and establishes in its place the “needs

10. Minute of the Court dated 31 August 2018 [pdf, 1.7 MB]

    ...the America's Cup in Auckland PANUKU DEVELOPMENT LIMITED Applicant ENV- 2018- AKL- 000078 AUCKLAND COUNCIL Regulatory Authority MINUTE OF THE ENVIRONMENT COURT (31 August 2018) ARRANGEMENTS FOR THE HEARING [1] There have been requests for a pre-hearing conference to arrange the order and manner of presentations at the hearing commencing in a week, Monday 10 September 2018. Members of the Court doubt the need to hold a pre-hearing conference. A telephone conference...