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...counsel referred expressly to that sub-section, both parties proceeded on the basis that the Court does have jurisdiction to order instalments in respect of financial remedies as well as for unpaid wages and holiday pay. I therefore approach the matters before me on the basis that there is no issue as to jurisdiction; the only question is whether this Court should in fact make orders that payments be made by instalments. 3 Fuimao...
...metres in area. According to Mr Ward's evidence and that of the prospective purchaser, the property is somewhat run down and will require some investment to bring it up to a reasonable standard of accommodation. Status Change Application [11] Matters have now come to a head because Mr Ward and the Public Trust who administer the property, I understand, wish to sell the land at the earliest opportunity. As mentioned however, the prospective purchaser refuses to proceed with the...
BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2019] NZREADT 003 READT 067/14 IN THE MATTER OF An application under s 108 of the Real Estate Agents Act 2008 PETER EGDEN Applicant REAL ESTATE AGENTS AUTHORITY Respondent On the papers Tribunal: Hon P J Andrews (Chairperson) Mr G Denley (Member) Ms C Sandelin (Member) Submissions filed by: Mr J Simpson, on behalf of the Authority Date of...
...Mr RE’s reply of 18 November 2019 refers to the Court of Appeal decision and says the conduct that is the subject of the complaint was raised by counsel who appeared for NZLS in that forum. At its heart, Mr RE’s response is that none of the matters raised by the applicants is worthy of consideration, or reconsideration, and the complaint should be laid to rest. Review process [8] This review has been determined pursuant to s 205(1)(a) of the Lawyers and Conveyancers Act 2006...
...named as a party at the outset. The application acknowledges that the New Zealand Transport Agency is appropriately named as a defendant in light of the claim Mr Butcher seeks to make about driver licences. However, it is anticipated that as the matter proceeds, the Agency too will be represented by counsel for the Attorney-General. [4] While HRA, s 92G provides that the Attorney-General may appear and be heard in proceedings before the Tribunal in which it is alleged there has been a b...
...paling fence on part of the boundary between their respective properties. TS and LS did not approve of what was proposed by TX and they have each issued a Cross Notice in opposition to TX’s proposal. TX seeks an order from the Tribunal determining the matters in dispute. [2] The applicable law is the Fencing Act 1978 (Act). Section 24 of the Act provides the Tribunal with wide powers in determining disputes under the Act. [3] At the first hearing it was agreed that a site visit shoul...
...that costs should not be used under section 285(1) of the RMA as either a penalty or as a route for pursuing a claim for any loss. If a cautious approach needs to be taken to the determination of a jurisdictional question which engages natural justice issues, then allowing time for that to occur (including the exercise of any right of appeal) ought not to result in an increased risk or an increased quantum of costs. The Environment Court has no jurisdiction to assess or award damag...
FRIENDS OF CONICAL HILL v HDC – CONFIDENTIALITY ORDERS IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 24 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s 120 of the Act BETWEEN FRIENDS OF CONICAL HILL INCORPORATED (ENV-2022-CHC-007) Appellant AND HURUNUI DISTRICT COUNCIL Respondent AND HANMER SPRINGS THERMAL POOLS AND SPA Applicant Court: Environment Judge J E Borthwick Heari...
...the compensation award were to be paid to the defendant, then it would take a significant period of time to repay this from her wages. There is no evidence in support of this assertion. [11] Mr Duckworth submits that it is in the interests of justice for a stay to be granted and that the balance of convenience favours the plaintiff. Finally, he argues that because the defendant is working, she would suffer no hardship if the amounts were not paid to her. [12] Mr Kersjes, advocat...
...determination of the Authority does not function as a stay of execution of the determination.6 The Court has the power to order a stay but must first be satisfied that to do so would be in line with the overarching consideration of the interests of justice.7 [7] A number of well-established factors are to be considered such as:8 (a) whether the challenge will be rendered ineffectual if the stay is not granted; (b) whether the challenge is brought and pursued in good faith;...