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1. [2019] NZREADT 9 - Matson v CAC510, Newlove, Stewart & Eves Realty Ltd (4 March 2019) [pdf, 329 KB]

   ...later adjourned pending determination of the licensees’ status as appellants) so the licensees’ cross-appeal was filed and served well within the extended appeal period of 60 working days. [10] Mr Belcher submitted for the Authority that the matters relied on by the licensees as exceptional circumstances are not “exceptional”. He submitted that “exceptional” creates a high threshold: the circumstances relied on must be truly an exception to the normal course of an appea...

2. [2019] NZEmpC 152 Leota v Parcel Express Ltd [pdf, 417 KB]

   MIKA LEOTA v PARCEL EXPRESS LIMITED [2019] NZEmpC 152 [1 November 2019] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2019] NZEmpC 152 EMPC 167/2019 IN THE MATTER OF an application for a declaration under s 6(5) of the Employment Relations Act 2000 AND IN THE MATTER OF an application for leave to appear and be heard as intervener BETWEEN MIKA LEOTA Plaintiff AND...

3. [2021] NZEmpC 163 The 20 District Health Boards v New Zealand Nurses Organisation [pdf, 237 KB]

   ...measure of certainty and clarity to the parties in the application of the policy and practice, and attempting to resolve future disputes. [26] The Court concluded that under the broad discretion given by cl 19 to sch 3 of the Act, it could do justice in costs by taking account of these factors. These observations are relevant to this case. [27] It is common ground that the present proceeding involved important issues that would have direct application to the parties for anticip...

4. Dobson - Edgecombe Block X Section 12B (2022) 75 Te Waipounamu MB 211 (75 TWP 211) [pdf, 251 KB]

   ...leasing policy must first be finalised. In order to do this, the issue of trustee quorum has first to be resolved. She says there are unanswered questions regarding building consent, the rates implications and ownership of the building. These are matters that are required to be covered in a leasing policy. [15] Margaret Patete is a trustee and also supports an injunction to maintain the status quo until a leasing policy for Baker Bay and the trustee quorum issue raised in the previo...

5. [2023] NZREADT 29 CAC 1901 v KC (11 October 2023) [pdf, 202 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2023] NZREADT 29 Reference No: READT 021/2021 IN THE MATTER OF Charges laid under s 91 of the Real Estate Agents Act 2008 BROUGHT BY COMPLAINTS ASSESSMENT COMMITTEE 1901 AGAINST KC Defendant Hearing in Rotorua on 22 June 2023 Tribunal: D J Plunkett (Chair) C A Sandelin (Deputy Chairperson) G J Denley (Member) Appearances: Counsel for the Committee: E Mok, A...

6. [2024] NZREADT 33 – Wilson v REAA (15 September 2024) [pdf, 105 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2024] NZREADT 33 Reference No: READT 021/2024 IN THE MATTER OF An application for review of a Registrar’s decision under s 112 of the Real Estate Agents Act 2008 BETWEEN MICHAEL WILSON Applicant AND THE REGISTRAR OF THE REAL ESTATE AGENTS AUTHORITY Respondent Hearing on the papers Tribunal: C Sandelin (Deputy Chairperson) G Denley (Member) F Mathieson (Member) Repre...

7. [2010] NZEmpC 56 EBIIWU & Ors v Carter Holt Harvey Ltd [pdf, 28 KB]

   ...accept were the technical and ultimately meritless interlocutory applications made, and objections taken, by the plaintiffs in the course of the case. This can only really be assessed in a broad brush way and I have concluded that the interests of justice will be served by requiring the plaintiffs to pay to the defendant the total sum of $5,000 as a contribution to its costs. GL Colgan Chief Judge Judgment signed at 9 am on Tuesday 18 May 2010

8. Misuse of Drugs Amendment Bill [pdf, 151 KB]

   ...s 5 if it were set at a high enough level to reduce or avoid the possibility of wrongful convictions resulting from operation of the presumption. Tipping J stated:4 “…it becomes crucial at what quantity of the drug the presumption is fixed. It matters whether the trigger amount is set on the basis that possession of such an amount raises a bare probability that the purpose of the possession is supply, a high probability that such is the accused’s purpose, or a near certainty. The hi...

9. Galvin [2011] NZWHT Auckland 10 [pdf, 91 KB]

   1 [2011] NZWHT AUCKLAND 10 UNDER the Weathertight Homes Resolution Services Act 2006 IN THE MATTER of a reconsideration of the Chief Executive’s decision under section 49 CLAIM NO. 6373: JANICE GALVIN – 20 EGMONT STREET, TE ARO ELIGIBILITY DECISION OF THE CHAIR OF THE WEATHERTIGHT HOMES TRIBUNAL The Claim [1] Janice Galvin is the owner of a leaky home. On 10 August 2000 she filed a claim with the Department of Building and Housing....

10. BORA Land Transport (Enforcement Powers) Amendment Bill [pdf, 297 KB]

    ...onus on the accused person,[8] and thereby limits the right to the presumption of innocence affirmed by s 25(c) of the Bill of Rights Act. 16. In considering whether that limit is justifiable in terms of s 5 of the Bill of Rights Act,[9] I note that matters of excuse in failure to comply with such a bylaw are likely to be peculiarly within the knowledge of the person concerned[10] and, further, the offence provisions relate to certain and quite specific acts of driving, which is itself a...