Search Results

1. BORA Immigration (Mass Arrivals) Amendment Bill [pdf, 335 KB]

   ...in the Employment Relations Act 2000 are necessary to prevent reviews from disrupting unfinished proceedings of the Authority.[10] The Court of Appeal has also considered provisions in the Tax Administration Act 1994 that prevent judicial review of matters dealt with through a specific procedure in that Act. It concluded that the approach is fair and that allowing judicial review could “provide scope for gaming and diversionary behaviour.”[11] That position has been confirmed by the S...

2. [2020] NZEmpC 94 Independent Prosperity Ltd v Huang [pdf, 198 KB]

   ...[15] In reply Mr Hinchcliff argued that an award for both steps was reasonable, given that the stay application was a subject of the directions conference. I disagree. There was only one directions conference and it dealt with all procedural matters. A subsequent telephone conference is dealt with as part of the substantive claim. Steps 11 and 13 have been claimed for both the stay application and the substantive proceeding so that allowing for both would result in a dou...

3. [2019] NZEnvC 162 Linnell v Hastings District Council [pdf, 378 KB]

   ...governmental decision, may have intervened and rendered the proceeding redundant. Even so, it must be clear that the plaintiff would have succeeded had the circumstances not changed. 13 (c) Such considerations may be relevant in the interests of justice but this is not to invite a general inquiry into the reasonableness of the parties' conduct and a plaintiff may not displace the presumption merely by showing that it had some merit on its side. (d) The Court need not consider...

4. [2021] NZEnvC 201 Guardians of the Bay Incorporated v Wellington International Airport Limited [pdf, 504 KB]

   ...Institute argues that the heading of its submission is not decisive and that the contents of the submission must also be taken into account. I accept that as a general proposition a submission should be read as a whole to properly ascertain its subject matter. In my view, when the submission is read as a whole (including its heading and contents), its subject matter could not be clearer. The header contains the following relevant information: • It says that it is a submission on &...

5. [2021] NZACC 108 – Wood v ACC (19 July 2021 [pdf, 162 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 108 ACR 134/17 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 162 OF THE ACT BETWEEN DANIEL WOOD Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the Papers Judgment: 19 July 2021 ____________________________________________________________________ JUDGMENT OF JUDGE A A SINCL...

6. LCRO 228/2015 ZM v VC [pdf, 123 KB]

   ...overlap with the applications. [14] Mr ZM did not appear at the scheduled hearing. [15] I determined, despite Mr ZM’s non-appearance, that each of the review applications should be dealt with. [16] Because of the significant overlap in the matters engaged by the individual reviews, I have, in delivering the four decisions, replicated where appropriate, significant parts of my decision. [17] At the nub of the complaints brought against the practitioners, was argument that the...

7. [2018] NZEnvC 028 McIntyre v Canterbury Regional Council [pdf, 2.9 MB]

   ( ( BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. (2018) NZEnvC 28 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act DR MciNTYRE and WAITAKI TRUSTEES GOLDEN ACRES LIMITED (ENV-2011-CHC-138) Appellants CANTERBURY REGIONAL COUNCIL Respondent Court: Environment Judge J E Borthwick Hearing: In Chambers at Christchurch Date of Decision : 9 March 2018 Date of Issue: 9 March 2...

8. EE v ZX LCRO 95/2012 (10 February 2014) [pdf, 111 KB]

   ...3] 1 I note that the copy of the guarantee provided by Ms EE is a guarantee of indebtedness to [Company A]. It has however, been accepted that the guarantee was a valid guarantee and this is not a matter to be inquired into in the context of this review. 2 was a trust established by Mr ZX’s parents and owned a property in which Mr and Mrs ZX senior resided. [4] The Land Transfer system does not recognise a trust as a separat...

9. Sadaraka - Estate of Wiremu Te Hira Jack Kino [2016] Chief Judge's MB 880 (2016 CJ 880) [pdf, 386 KB]

   2016 Chief Judge’s MB 880 IN THE MĀORI LAND COURT OF NEW ZEALAND WAIKATO-MANIAPOTO DISTRICT A20120007370 CJ 2012/11 UNDER Section 45, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Wiremu Te Hira Jack Kino or Wiremu Kino or Wiremu Te Hira Kino or William Jack or Willie Jack or Willie Kino (Deceased) WILLIAM TERRY SADARAKA Applicant Judgment: 20 October 2016 DECISION OF CHIEF JUDGE W W ISAAC

10. [2019] NZEmpC 159 Allied Investments Ltd t/a Allied Security v Cradock [pdf, 350 KB]

    ...the Authority which provide the necessary description of background circumstances, and then analyse each of the three issues in light of the evidence and submissions presented by each party. The determination [7] After describing introductory matters, the Authority set out the material provisions of the IEA. For present purposes they are: Terms of agreement 1.0 This agreement shall come into effect on 3rd July 2017 ... and shall remain in force until renegotiated or terminat...