Search Results

1. AI v ZR LCRO 102 / 2010 (11 February 2011) [pdf, 122 KB]

   ...without conviction, the Applicant would need to complete a non violence programme and an updated Victim Impact Report would be required, in which the complainant indicated that she consented to a discharge without conviction being entered. [7] The matter was adjourned to 26 June 2009 to enable these matters to be attended to. [8] Both parties proceeded on the basis that this represented the correct state of affairs, leaving the Applicant with the understanding that, providing the...

2. [2012] NZEmpC 8 Gazeley v Oceania Group (NZ) Ltd [pdf, 126 KB]

   ...by which applications for interim reinstatement are to be decided are settled and well known. They may be summarised in the form of three questions. Is there an arguable case? Where does the balance of convenience lie? What does the overall justice of the case require? [12] The first question requires some elaboration. Not only is it a question whether Mrs Gazeley has an arguable case that she was unjustifiably dismissed but, if that is so, whether she has an arguable case for...

3. ABC Trust v G Ltd [2021] NZDT 1307 (16 April 2021) [pdf, 247 KB]

   ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

4. [2021] NZEnvC 196 Gibbston Vines Limited v Queenstown Lakes District Council [pdf, 827 KB]

   ...this Court's decision whether to grant consent for the two lot subdivision and the lot 1 building platform. The Appellant's appeal to the High Court does not implicate this Court's findings in respect of lot 1 and is restricted to matters relevant to the residential lots only. On 2 June 2021, QLDC made its application for stay.7 As I discuss shortly, [2021] NZEnvC 110 at [83]. Memorandum of counsel for GVL dated 1 April 2021 at [2]. Interlocutory application by QLDC...

5. [2025] NZEmpC 216 Pulse 2012 Limited t/a Browne Street Cafe v Stewart [pdf, 195 KB]

   ...the Court automatically orders security for costs. The interests of the parties need to be balanced. [22] There are the interests of Pulse in being able to continue with a challenge that has a chance of success without a risk that access to justice is stifled by an award of security for costs. [23] There are the interests of Mr Stewart in not bearing the financial risk of the challenge, which he says has little chance of success with no prospect of ultimately recovering his...

6. LCDT Annual Report 2022 [pdf, 435 KB]

   ...Chair, but worked well on the whole. From late August 2021 to early February 2022 there were intermittent lockdown levels, particularly for the Auckland region. During this period, 16 face to face hearing dates were vacated. A quarter of those matters were able to be rescheduled and convened as remote hearings. The remainder were rescheduled for face to face hearings after the lockdown period. Processes The Chair and Deputy Chair convene pre-hearing teleconferences...

7. [2018] NZEnvC 052 Queenstown Airport Corporation Limited [pdf, 3.3 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN Decision No. [20181 NZEnvC 52 of the Resource Management Act 1991 of an application pursuant to s 149T of the Act QUEENSTOWN AIRPORT CORPORATION LIMITED (ENV-2011-WLG-41 ) Applicant Court: Environment Judge J E Borthwick Environment Commissioner R M Dunlop Environment Commissioner D J Bunting Hearing : at Christchurch on 4 and 5 April 2018 Appearances: M Casey and C Somerville-...

8. [2022] NZACC 103 - Renton v ACC (31 May 2022) [pdf, 259 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 103 ACR 297/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN NIGEL RENTON Appellant AND THE ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Submissions: A Beck for the Appellant I Hunt for the Respondent Judgment: 31 May 2022 DECISION OF JUDGE P R S...

9. BORA Criminal Proceeds (Recovery) Bill [pdf, 437 KB]

   ...powers are confined to search for and seizure of evidence relevant to proceedings under the Bill and property that is or may be subject to an order under the Bill. Further, clause 115 sets out the form and content of warrants and requires that certain matters must be stated in the warrant in reasonable detail. Clause 117 specifies the powers that are conferred by a search warrant and includes a requirement for searches to be carried out at a time that is "reasonable in the circumstan...

10. Tito - Mangakahia 2B2 No 2A1A [2016] Chief Judge's MB 398 (2016 CJ 398) [pdf, 314 KB]

    2016 Chief Judge’s MB 398 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20150005098 CJ 2015/34 UNDER Section 45, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Mangakahia 2B2 No 2A1A and orders made on 5 February 1998 (85 WH 205) and 27 November 2009 (143 WH 271-280) BETWEEN KEVIN TITO Applicant Judgment: 23 May 2016 RESERVED JUDGMENT OF DEPUTY CHIEF JUDGE C L FOX...