Search Results

1. BORA Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill [pdf, 289 KB]

   ...respects, the jurisdiction of the courts, the Waitangi Tribunal and “all other judicial bodies and tribunals” in respect of the claims, the deed of settlement, the redress under that deed and the Bill itself. 4. To the extent that any of these matters may have amounted to decisions or actions susceptible to judicial review, that exclusion constitutes a limit on the right to seek review affirmed by s 27(2) of the Bill of Rights Act. Legislative determination of a claim would not, in a...

2. [2018] NZEmpC 80 Avondale College Board of Trustees v Maday [pdf, 246 KB]

   ...is asserted that: a) there would be no prejudice to Mrs Maday if the order of stay were granted, but prejudice to the Board if it was not; b) there are meritorious grounds of challenge; and c) that the balance of convenience and interests of justice favour the grant of the order. [5] Counsel for Mrs Maday, Ms White, has filed a memorandum stating that the parties have been working towards what is described as a “consent position”. She stated that she had informed the repr...

3. [2020] NZEmpC 45 Williams v Rural Livestock Ltd [pdf, 307 KB]

   ...prosecution. There is also a strong possibility that the claim in this Court will be amended, depending on the outcome of the criminal proceeding. [12] The Court has power to stay a proceeding.1 The principle consideration is what is in the interests of justice, taking into account factors such as the potential effect on the other proceeding if a stay was not granted, the public interest, any duplications of witnesses or potentially wasted expense.

4. [2022] NZEmpC 32 Capital and Coast District Health Board v Public Service Association, Te Pukenga Here Tikanga Mahi [pdf, 148 KB]

   ...due to the Omicron outbreak. The public interest in having access to health services which are as effective as possible in the current environment is a significant factor which points to the granting of relief. [8] Standing back, overall justice strongly suggests that the strikes should be restrained, not only for the above reasons, but also because the parties are scheduled to attend facilitation with the Employment Relations Authority starting next Monday. That event will p...

5. Crimes (Child Exploitation Offences) Amendment Bill [pdf, 127 KB]

   ...intending to cause harm to a young person or being reckless as to whether the young person is harmed. 3. A digital communication means any form of electronic communication and includes any text message, writing, photograph, picture, recording, or other matter that is communicated electronically. 4. To achieve this, the Bill proposes amendments to the Crimes Act 1961. New sections 126A and 126B will be introduced into the principal Act to provide for the offences described above which w...

6. [2023] NZEmpC 82 Lai v Gray [pdf, 161 KB]

   ...costs. However, the Court has jurisdiction to make an order in an appropriate case by applying the High Court Rules 2016.4 [7] The power to order security for costs is discretionary. In exercising that power regard must be had to the overall justice of the case and the respective interest of both parties must be carefully weighed up.5 [8] Mr Gray’s evidence was that he has not been paid any of the sums of money the Authority ordered Mr Lai to pay him. Aside from the Authority...

7. 2024 NZPSPLA 061pdf [pdf, 89 KB]

   ...to continue his anger management work until such time as P4G is satisfied it is no longer necessary. [15] Pursuant to section 96C of the Act this decision is to be published. Given Mr FW’s young age I do not consider it in the interests of justice that his name be published. Accordingly, his name is redacted. DATED at Wellington this 1st day of August 2024 K A Lash Deputy Private Security Personnel Licensing Authority

8. [2024] NZEmpC 78 Manuka Health NZ Ltd v Kalic Stay [pdf, 170 KB]

   ...company, advised the Court that the Authority has directed a timetable to resolve the application to reopen the investigation. [11] The submissions in support of the application were succinct. Mr Bevan submitted that it was in the interests of justice to grant a stay because: (a) the application to the Authority seeking to reopen the investigation has been brought for a proper purpose; and (b) there is no adverse impact on any party. Analysis [12] The Court has jurisdicti...

9. LCDT-form-J-appeal-dec-LS-or-convey-refuse-decline-cert-form-July-25 [pdf, 486 KB]

   ...and print clearly IN CAPITALS. • Answer every question on the form unless the instructions tell you otherwise. Payment information The fee for this application is $431. To confirm how you pay the application fee, please visit the Ministry of Justice website: https://www.justice.govt.nz/tribunals/lawyers-and- conveyancers/lc-disciplinary-tribunal/forms-and-fee/ If you need further assistance, then please contact the Tribunal on: Ph: 64 9 914 4299 Fax: 64 9 914 5263 Email:...

10. [2018] NZEnvC 190 Jacks Point v Queesntown Lakes District Council [pdf, 7.1 MB]

    ...appear and ca ll evidence in accordance with subsections (4A) and, if relevant, (48). The prohibitions and restrictions on trade competitor participation are not in issue. 6 (4A) Evidence must not be ca lled under subsection (4) unless it is on matters within the scope of the appeal, inquiry, or other proceeding . [13J In essence, those provisions preclude all s274 parties from calling evidence that is not on matters within the scope of the appeal or other proceeding. However, f...