Search Results

1. [2018] NZEmpC 27 Talbot Agriculture Ltd v Wate [pdf, 173 KB]

   ...v Ramsay [2013] NZCA 582 at [7] (footnotes omitted). [13] Talbot Agriculture does not have information about Mr Wate’s financial circumstances, or his ability to repay. Despite being placed on notice of a concern about both of those matters Mr Wate’s affidavit is silent about them. [14] The analysis of this criteria favours the granting of a stay. Is the challenge brought in good faith? [15] Mr O’Connor submitted that the challenge is brought in good faith and that...

2. BORA Animal Welfare Amendment Bill [pdf, 306 KB]

   ...systems, processes and records of the approved organisation, and taking copies or extracts. 7.Currently, before declaring an organisation to be an approved organisation, the Minister for Primary Industries must be satisfied about a range of matters. However, there is no legal ability to require an approved organisation to undergo an audit to confirm that their status is still appropriate. We consider that, if the audit does indeed limit the right under s 21, the search and seizu...

3. Phillips - Tahorakauri A1 Sec 1 (Ohaki Papakainga Māori Reservation) (2003) 77 Taupō MB 267 (77 TPO 267) [pdf, 336 KB]

   ...Tahorakuri A 1 Section 1 and adjoining lands have come before this Court on many occasions in recent times. See for example 75 Taupo MB 114 - 125, 250 - 254 and 76 Taupo MB 98 - 118 and 124 - 129. Some background detail concerning this land and related matters is set out at 76 Taupo MB 212 - 216 and more importantly, in the final decision of Her Honour Judge Wickliffe dated 7 August 2002. The removal of Mr Thompson is referred to specifically at 76 Taupo MB 125 126. There is no need for th...

4. WH v SS Ltd [2019] NZDT 1459 (26 March 2019) [pdf, 218 KB]

   ...to pay to WH the sum of $119.33 on or before 16 April 2019. Reasons: 1. In October 2018, WH stayed at the HB Hotel in [City]. 2. WH says that during her stay, a pair of satin slouch pants belonging to her went missing. She reported the matter to the HB Hotel. The HB Hotel is operated by SS Ltd (“SSH”). 3. SSH made efforts to locate WH’s pants but were unable to do so. 4. WH is claiming $179.00 which was the cost of the pants when purchased new. 5. In light of...

5. [2022] NZACC 123–Soulsby v ACC (27 June 2022) [pdf, 211 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 123 ACR 118/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPLICATION UNDER SECTION 162 OF THE ACT FOR LEAVE TO APPEAL TO THE HIGH COURT BETWEEN ANDRE SOULSBY Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Decision: On the papers Submissions: J Robinson for the applicant F Becroft for the respondent Judg...

6. RI v Hart LCRO 158 / 2011 (13 July 2012) [pdf, 160 KB]

   ...Committee considered that the correspondence explaining the causes of delay adequately addressed any concerns the Committee had. A close examination of the email correspondence reveals that it contained little more than ongoing reasons why other matters being dealt with by Mr Hart and LT were taking priority over RI’s instructions. [21] To give the flavour of the nature of the correspondence, there is attached to this decision a schedule containing some of the correspondence bet...

7. [2013] NZEmpC 107 Checkmate precision Cutting Tools Ltd [pdf, 60 KB]

   ...(as is his right) when the hearing of the challenge commenced. However it soon became apparent that Mr Tomo was not in a position to conduct any cross-examination of the plaintiff’s witnesses, and the hearing was adjourned in the interests of justice to enable him to obtain representation. I indicated at the time that costs were likely to be an issue consequent on the adjournment. Mr Tomo was granted legal aid, although there were delays in resolving this issue. Mr Wimsett sub...

8. N v CAC 10058 [2012] NZREADT 18 [pdf, 121 KB]

   ...ought to be made under s 108 restricting publication of Ms N’s name the Tribunal is required to take into account the interests of any person, the privacy of the complainant and the public interest. [7] Clearly the public interest is in an open justice system with the name of the practitioner being published. However balanced against this must be the interests of Ms N. In this particular case we consider that the serious risk of self harm set out in the medical reports filed on beha...

9. VU v AP LCRO 277/2011 (5 June 2013) [pdf, 50 KB]

   ...complaint because the opening paragraphs indicate that Mr AP received instructions directly from Mr and Mrs VU which clearly was not the case. He wrote, “we have now been approached by Mr VU to act on his behalf in relation to all his immigration matters. We are instructed to write to you and request your intervention into our clients’ application.”2 He had never been instructed by Mr or Mrs VU, and it is commonly agreed that there was no direct contact between them. [17] Th...

10. OC v SC LCRO 232-239 / 2011 (27 June 2012) [pdf, 50 KB]

    ...grounds that she had discussed for her review, or in the course of the review hearing, were pertinent to the grounds of review that were available. I informed her that the issues she had discussed or raised in the course of the review hearing were matters that she could raise before the Tribunal. 4 [16] I have carefully considered all of the Applicant’s information, but in my view none of it can properly support a review of a prosecutorial decision. I also reviewed the...