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[2020] NZSSAA 24 Reference no: NZSSAA 003/20 IN THE MATTER of the Social Security Act 2018. AND IN THE MATTER of an Appeal by XXXX of Toronto, Canada against a decision of the Chief Executive that has been confirmed or varied by a Benefits Review Committee. BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY G Pearson (Chairperson) C Joe (Member) XXXX presented her own case Ms A He presented the Chief Executive’s case Decision: Tuesday,...
...of claim that Oasis had not in the face of a terse discussion agreed to retract Ms Douds’ resignation, when requested to do so. [43] Mr Bosch filed a notice of opposition to the application for strike out. [44] In it, he contested three matters. First, the conclusion that Ms Douds had understood she had been provided with an ultimatum between resigning or being dismissed, in circumstances where he said he had not presented her with such a choice. Second, he alleged it was n...
...In Jennison v Baker Salmon LJ said:6 “Contempt of court” is an unfortunate and misleading phrase. It suggests that it exists to protect the dignity of the judges. Nothing could be further from the truth. The power exists to ensure that justice shall be done. And solely to this end it prohibits acts and words tending to obstruct the administration of justice. The public at large, no less than an individual litigant, have an interest and a very real interest in justice being...
...to/from New Zealand on the date of their arrival/departure and for a penumbral period around their arrival/departure dates. That recognises the importance of the decision that has to be made at the border, enabling the authorities to take action when it matters most. 17. Beyond that, however, the usual protections of a warrant procedure should apply: when one moves away from immediate border security and immigration assessment needs into accessing information held in respect of traveller...
...closed to a litigant because of temporary impecuniosity and although Parliament and the Executive (by regulations) have not (yet) provided expressly for a fee waiver/postponement regime, it should not be beyond the wit of the Judges to so dispense justice in what will be rare but deserving cases. [5] Mr Arkompat‟s claims in the Employment Relations Authority against Thai Chilli were for a personal grievance (unjustified dismissal) and for arrears of wages and holiday pay. He f...
...issue which can be addressed and resolved by the courts: see, by way of example, Knowles v Police CA146/98 12 October 1998 and R v Mitchell CA68/04 23 August 2004. As was said in both those cases, the issues which Mr Harawira seeks to raise are matters “for public and political processes and not for judicial ones”. [12] In Mason the High Court concluded that it is now generally accepted that at the time of the Declaration of Independence in 1835 and the signing of the Treaty o...
...Webster changed counsel again, this time retaining Mr Wilkinson-Smith. Mr Wilkinson-Smith found it difficult to obtain instructions from Mr Webster. Mr Webster was not interested in pursuing Mr Pyke’s point of appeal. He wanted to raise other matters, none of which Mr Wilkinson-Smith considered even arguable grounds of appeal. Mr Wilkinson-Smith sought to 2 We have taken these from the notice of appeal Mr Webster signed on 18 J...
BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2019] NZREADT 14 READT 069/15 IN THE MATTER OF An application for an order prohibiting publication, under s 108(1)(c) of the Real Estate Agents Act 2008 BETWEEN GASTON COMA Applicant AND REAL ESTATE AGENTS AUTHORITY First Respondent On the papers Tribunal: Hon P J Andrews (Chairperson) Ms N Dangen (Member) Mr N O’Connor (Member) Submissions filed...
...Relations Act 2000 (the Act). Where the statutory timeframe has elapsed, the Court has the discretion to extend the time for filing.2 The discretion must be exercised in accordance with principle. The overarching consideration is the interests of justice. The usual factors that will be considered are:3 - The reasons for the omission to bring the case within time; - the length of the delay; - any prejudice or hardship to any other person;
...decision of the Court. [3] It is apparent that the statutory test for name suppression in the accident compensation jurisdiction differs from that in other jurisdictions. The overriding principle in all jurisdictions is the principle of open justice. [4] In order for an appellant to be granted a suppression order, they must establish that an exception to the open justice principle is justified. In this jurisdiction, an appellant must establish, on the balance of probabilities, t...