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...AOTEAROA TĀMAKI MAKAURAU [2022] NZEmpC 167 EMPC 394/2021 IN THE MATTER OF an application for judicial review AND IN THE MATTER OF an application to strike out proceeding AND IN THE MATTER OF an application for judgment by default BETWEEN ALLAN HALSE Applicant AND EMPLOYMENT RELATIONS AUTHORITY First Respondent AND RANGIURA TRUST BOARD Second Respondent AND CULTURESAFE NZ LIMITED (IN LIQUIDATION) T...
...(59 Taitokerau MB 151-179) 20 August 2013 (66 Taitokerau MB 178-180) 12 December 2013 (76 Taitokerau MB 146-171) (Heard at Whangarei) Appearances: Mr W Coutts, Counsel for the Applicant Mr D Shanahan, Counsel for the Respondent Judgment: 19 August 2014 RESERVED JUDGMENT OF JUDGE M J DOOGAN Copies to: Mr W Coutts, Thomson Wilson Law, PO Box 1042, Whangārei, wmc@thomsonwilson.co.nz Mr D Shanahan, PO Box 1801, Whangārei, david@dav...
...importance of examining the factual matrix in each case before determining whether a director was personally responsible. The principles in Trevor Ivory were reaffirmed in the recent Court of Appeal decision in Siena Villas. William Young P in his judgment delivered on behalf of himself and Arnold J, extensively reviewed Trevor Ivory and the decision of the House of Lords in Williams. [51] In Body Corporate 183523 & Ors v Tony Tay & Associates Ltd & Ors Priestley...
...stakeholders and Māori, and some data on court time to determine the issues outlined above,60 as drivers of delay. 34. The activity recorded through the Ministry Case Management System (CMS), combined with time set aside for Judges to write reserve judgements has been used to inform assumptions and benefits of the proposed Family Court Associate role, as a judicial officer. 35. We are assuming that judicial decisions that are largely at the early stages of proceedings are takin...
...view on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [72] More recently, the High Court has described a review by this Office in the following way:2 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determ...
...BETWEEN YUAN CHENG INTERNATIONAL INVESTMENT GROUP LTD Plaintiff AND KELLY BUER Defendant Hearing: 13 and 14 February 2006 (Heard at Auckland) Appearances: Howard Keyte QC, counsel for plaintiff John Coyle, advocate for defendant Judgment: 20 September 2006 JUDGMENT OF JUDGE B S TRAVIS [1] The plaintiff is an international company which is engaged in property management in New Zealand. It has challenged one of the remedies awarded to the defendant, Ms Buer...
...CLARK KAUIKA-STEVENS Te Kaiurupare Respondent Nohoanga: Hearing 9 March 2021, 429 Aotea MB 260-275 (Heard at Whanganui) Kanohi kitea: Appearances Scott Wirihana-Tawake in person Clark Kauika-Stevens in person Whakataunga: Judgment 30 June 2021 TE WHAKATAUNGA Ā KAIWHAKAWĀ L R HARVEY Judgment of Judge L R Harvey Hei kōrero tīmatanga Introduction [1] Scott Wirihana-Tawake, on behalf of Te Wirihana Tawake Whānau T...
...the waiver which was of course, as recorded in our decision, specifically provided by the client in any event. We will refer to further submissions concerning Charge 3 in discussion of the Orlov v New Zealand Law Society12 decision later in this judgment. [32] Finally Mr King submitted that the publicity that had accompanied these proceedings will ensure that the public is protected because the instructing solicitors and members of the public alike will be vigilant in relation to M...
...on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [31] More recently, the High Court has described a review by this Office in the following way:4 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determinati...
...court cases contesting government policies of the late 1980s. Among other things, this litigation helped establish the current legal status of the Treaty of Waitangi, through the Court of Appeal’s articulation of Treaty principles in its Lands judgment. Later, Sir Graham reflected that up until 1987 ‘the Māori dimension in New Zealand law was understated… After the Appeal Court decision it attained a position of equality’. Court action also resulted in settlements involvin...