Search Results

1. [2015] NZEmpC 234 2015 AFT v BCM [pdf, 294 KB]

   ...114(4), extend the time within which anything is to or may be done; and (d) generally give such directions as are necessary or expedient in the circumstances. [34] I propose to deal with this application under s 219. Section 221 applies to matters that are before the Court. This is an application to bring a matter before the Court. [35] As will be seen from s 219, the Court has a broad discretion to extend time limits, including for bringing a challenge to an Authority determ...

2. [2014] NZEmpC 81 Kellerman v Stoneware 91 Limited t/a Swtiched On Gardener [pdf, 60 KB]

   ...discretion to make orders extending time. The jurisdiction is derived from s 219 of the Employment Relations Act 2000 which, apart from a style change, is identical to s 138 of the Employment Contracts Act 1991. … The overriding consideration is the justice of the case. The following matters, where relevant, are material to the exercise of the discretion: 1. The reason of the omission to bring the case within time. 2 At [23]-[...

3. Auckland Standards Committee v Orlov [2011] NZLCDT 12 [pdf, 61 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2011] NZLCDT 12 LCDT 011/10 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE Applicant AND EVGENY ORLOV Respondent CHAIR Judge D F Clarkson MEMBERS OF TRIBUNAL Ms S Hughes QC Ms J Gray Mr W Smith Ms C Rowe HEARING at AUCKLAND on 15 April 2011 APPEARANCES Mr W Pyke for the applicant Mr E Orlov in per...

4. [2022] NZEmpC 66 Solander Maritime Limited v Munro [pdf, 172 KB]

   ...there is a real risk of dissipation. [10] The need to protect the applicant from a barren judgment must be balanced against any prejudice or hardship to the respondent and/or third parties. Consideration must be given to the overall interests of justice. [11] Once made, a freezing order restrains a party from removing assets located in or outside New Zealand, or disposing, dealing with or diminishing the value of those assets. Analysis [12] The focus of argument was on the dis...

5. O'Connor & Anor v CAC 20004 & Randall [2013] NZREADT 104 [pdf, 142 KB]

   ...Committee’s decision not to publish was correct. 7 [29] Section 78(h) of the Act provides that it is a function of the Committee, among other things, to publish its decision. Mr Russell referred to s.84 as directed specifically at natural justice and publication. It reads: “84 Procedure of Committee (1) A Committee must exercise its powers and perform its duties and functions in a way that is consistent with the rules of natural justice. (2) The Committee may, subjec...

6. Adlam v Niao - Matata Parish 39A 2A Ahu Whenua Trust [2018] Māori Appellate Court MB 478 (2018 APPEAL 478) [pdf, 277 KB]

   2018 Māori Appellate Court MB 478 IN THE MĀORI APPELLATE COURT OF NEW ZEALAND WAIARIKI DISTRICT A20180001438 UNDER Section 58, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Matata Parish 39A 2A Ahu Whenua Trust BETWEEN RAE BEVERLY ADLAM Appellant AND GRAEME NIAO, KERERUA SAVAGE, CARRIE SAVAGE, WILLIAM DONEY, ALAN NIAO, MARTIN NIAO AND JASON DOWIE AS TRUSTEES OF LOT 39A SEC. 2A PARISH OF MATATA BLOCK Respondents Heari...

7. Selwyn v Whakatōhea Māori Trust Board - Opape 1A19B (2019) 220 Waiariki MB 94 (220 WAR 94) [pdf, 322 KB]

   ...7 [2012] Māori Appellate Court MB 1 (2012) Appeal 1 at [18]-[25] mailto:kingwairata@gmail.com 220 Waiariki MB 98 been made sooner. The second step is for the Court to consider where the interests of justice lie having regard for the circumstances. Mr Hemi submitted that none of the reasons provided by the applicants as to the ability of either of them to apply for a rehearing within the statutory timeframe. They simply failed to make the

8. [2025] NZREADT 02 - DQ & KU v CAC 2204 Rule (03 February 2025) [pdf, 206 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2025] NZREADT 02 Reference No: READT 031/2024 IN THE MATTER OF An appeal under s 111 of the Real Estate Agents Act 2008 BETWEEN DQ and KU Appellants AND THE REAL ESTATE AGENTS AUTHORITY (CAC 2204) First Respondent AND KIM LORRAINE RULE Second Respondent AND BRUCE NIGEL RULE Third Respondent Tribunal: D J Plunkett (Chair) P N O’Connor (Member) F J Mathieson (Member)...

9. B Ltd v D Ltd [2025] NZDT 267 (18 June 2025) [pdf, 203 KB]

   ...opportunity. The District Court has found that if a supplier was entitled to an opportunity to remedy, and was not given that opportunity, the consumer is not entitled to a remedy. However, the Tribunal is required to make decisions on the merits and justice of the matter and is not required to strictly apply the law. Given that the hire cost is minor, and that QN would have incurred inconvenience to return to D Ltd to exchange the car seat, I have decided on the merits of the matter t...

10. Guo v PwC (Discovery and Search Order) [2021] NZHRRT 22 [pdf, 349 KB]

    ...hearing. [12] To complete the list of related litigation it is mentioned that according to the affidavit sworn on 16 October 2020 by Mr SJ McCulloch, General Counsel, PwC, Ms Guo has brought two other proceedings against PwC in relation to the same matters which are alleged to have taken place during her employment relationship with PwC: [12.1] On 23 December 2016 Ms Guo lodged a statement of problem with the Employment Relations Authority (File No. 3001443) claiming that she was unj...