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1. Beniston v Subritzky - Estate of Huhana Subritzky [2016] Chief Judge's MB 178 (2016 CJ 178) [pdf, 366 KB]

   ...facts of the case to the Court or the Registrar, cancel or amend the order or certificate of confirmation or make such other order or issue such certificate of confirmation as, in the opinion of the Chief Judge, is necessary in the interests of justice to remedy the mistake or omission. [18] In Ashwell – Rawinia or Lavinia Ashwell (nee Russell) the Chief Judge summarised certain principles relating to s 45: 14 (a) When considering s 45 applications, the Chief Judge needs to revi...

2. LCRO 138/2021 & 139/2021 TZ v FK and FK v TZ (26 July 2022) [pdf, 272 KB]

   ...(a) The complaint was “entirely without merit and a manipulation of process.” (b) The complaint replicates allegations made in the judicial review proceedings in relation to the 2012 rates hearing. Those proceedings allege, amongst other matters, a breach of natural justice by the LVT in that it allowed certain cross-examination by Mr TZ. (c) The judicial review proceedings, together with a number of related appeals, were to be heard in the High Court in May (and June) 2021....

3. Domb v REAA [2014] NZREADT 19 [pdf, 77 KB]

   ...“[66] This proceeding is not a case about the conduct of the applicant in terms of disciplinary issues. However, we do not think that any consideration of the interests of the applicant, or his privacy, when compared to the public interest in open justice, leads us to make any type of suppression order in this case. Accordingly, we decline the applicant’s request for name suppression. Stance of the Registrar [5] The Registrar opposes the application for recall and amendment and he...

4. [2021] NZEmpC 28 Juyi International Ltd v Pan [pdf, 198 KB]

   ...appropriate step, since it would ensure there was a fund available for Mr Pan if Juyi’s challenge fails; and Juyi could be confident that no difficulties of repayment would arise. [10] In the circumstances I was satisfied that the interests of justice require the making of an order of stay, subject to the following conditions:2 a) That the sum of $504.74, ordered by the Authority as sick pay, to be paid by Juyi to Mr Pan by close of business on 12 March 2021. 2 At the heari...

5. [2022] NZEmpC 109 Wilson-Grange Investments T/A The Grange Bar and Restaurant [pdf, 188 KB]

   ...defendant, doubts that this is so, I accept that it is an issue that may assume some importance on the challenge and which does not appear to have been the focus of any prior judicial consideration within the employment context. In other respects the matters raised by the challenge appear to be unexceptional. Balance of convenience [14] I turn to consider the balance of convenience. The plaintiff contends that neither party will be prejudiced if the sum of $12,501.56 is held on a...

6. Morris - Pani Te Wairemana Morris Succession [2016] Chief Judges MB 792 (2016 CJ 792) [pdf, 233 KB]

   2016 Chief Judge’s MB 792 IN THE MĀORI LAND COURT OF NEW ZEALAND TAIRAWHITI REGISTRY A20150005663 CJ 2015/38 UNDER Section 45 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Pani Te Wairemana Morris or Pani Wairemana Akuhata Morris - Succession orders made at 134 Napier MB 73 on 3 December 1992 WIREMU MORRIS Applicant Judgment: 28 September 2016 DECISION OF CHIEF JUDGE W W ISAAC

7. [2021] NZEnvC 046 AK Rental and Investments Ltd v Auckland Council [pdf, 556 KB]

   ...Environment Court to re­ assess and consider changing the final decision. For this reason, we believe that the decision date is more important than the lodgement date. 3. It is also noted that the recent change to the s120(1A) of the RIYIA brings more justice. \Ve believed the whole point of a democratic system is to ensure fairness to all citizens. Thus, the system should not restrict the 6 Memorandum of Auckland Council dated 15 January 2021 at [4]. 7 Schedule 12 of the RMA sets out...

8. [2019] NZEmpC 16 Moody v Chamberlain [pdf, 256 KB]

   DIANE DELE MOODY v SHANE CHAMBERLAIN [2019] NZEmpC 16 [15 February 2019] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2019] NZEmpC 16 EMPC 281/2018 IN THE MATTER OF proceedings removed from the Employment Relations Authority AND IN THE MATTER OF an application for the appointment of a litigation guardian BETWEEN DIANE DELE MOODY Plaintiff AND SHANE CHAMBERLAIN...

9. Maori Land Court COVID-19 Level 2 protocol 7 September 202 [pdf, 181 KB]

   ...Land Court offices can be found on the Court’s website at www.maorilandcourt.govt.nz/contact-us. Court hearings Setting down hearings 8. At Level 2, when setting the pānui for new Court sittings Judges should assess whether any of the matters listed can be completed on the papers. For example, applications such as replacement of trustees (Rule 12.8), successions (s 117) and reducing trustees (s 239) may be able to be dealt with in Chambers. http://www.maorilandcourt.govt....

10. [2014] NZEmpC 179 Prime Range Meats Ltd v McNaught costs [pdf, 56 KB]

    ...have been pursued had the plaintiff not made its challenge electing a full hearing de novo. [3] I accept that from the plaintiff’s perspective, there may have been issues of principle or precedent at stake. However, whilst claims based on matters of principle are recognised in this jurisdiction, 2 it could perhaps be argued that in the case of an employer of substance such claims should not be encouraged by generous costs awards, particularly at the expense of an employee...