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1. Waters v Alpine Energy Ltd (Adjournment Application) [2015] NZHRRT 17 [pdf, 59 KB]

   ...witness statement or by a “will say” statement to enable the Tribunal or Chairperson to be satisfied there are proper grounds for the issue of the summons and to prevent abuse or wrongful use of the summons. The discretion notwithstanding, natural justice and a fair hearing require that a party should have every reasonable opportunity to present evidence in support of his or her case. See Chee v Stareast Investment Ltd HC Auckland CIV-2009-404-005255, 1 April 2010 (Wylie J) at [60]:...

2. BORA Health (Drinking Water) Amendment Bill [pdf, 405 KB]

   ...Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omission...

3. River Oaks Farm Ltd & Ors as Trustees of Ingodwe Trust v Olsson [2010] NZWHT Wellington 17 [pdf, 108 KB]

   ...placed reliance on the expert evidence of Mr Eaves. In fact Mr Eaves’ own criteria were applied by the Tribunal in determining whether there had been any breach of duty of care on the facts of the case. [15] All the following relevant matters were facts known to the claimants well before the hearing, and were not disputed. The certifier issued a Code Compliance Certificate certifying the house was code compliant only six months prior to Mr Still’s inspection on behalf of...

4. [2021] NZREADT 05 - Ogilvie (22 January 2021) [pdf, 232 KB]

   ...(that is, would have had an important influence on the outcome).4 [13] The Tribunal may also give leave for witnesses to be cross-examined on the evidence they gave to the Committee, if it sees fit to do so: that is, if it is in the interests of justice to do so.5 Ms Ogilvie’s application and submissions [14] Ms Ogilvie has sought leave to cross-examine Ms Abel, Mr Morton, Ms Meo, Ms Domney, and Mr Fraser Holland, the manager of Sotheby’s Napier. The grounds for the applica...

5. What to expect in the courtroom

   ...called, you must tell the court your name. Addressing judges A judge of the High Court must be addressed as Your Honour, Sir (male) or Ma’am (female).  If you want to refer to another judge: a judge of the High Court and above is referred to as Justice [Surname] a judge of the District Court and below is referred to as Judge [Surname]. You must stand up when you are speaking to the judge or the judge is speaking to you (unless you are unable to). Only one person should be standing at a...

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   4. Representing yourself in a civil case in the High Court

6. 2015 Decisions of public interest

   ...2015). FRIVOLOUS AND VEXATIOUS – REVISITING FULL AND FINAL SETTLEMENT AGREEMENTS - claim of breach of settlement agreement – whether challenge to settlement containing “full and final settlement” clause was frivolous and vexatious – part of a matter cannot be dismissed on such grounds – meaning of ‘frivolous’ considered – not the same as lacking legal merit – must be impossible to take seriously – in some circumstances full and final settlement may be revisited – Authori...

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   1. Employment Court >
   2. Judgments >
   3. Decisions of public interest

7. [2018] NZEnvC 012 Mt Wellington Highway Ltd & Jaafar Holdings Ltd v Auckland Council [pdf, 879 KB]

   ...availability of publicly owned land suitable for the project without resort to the objectors' land. 5. The relevance in terms of s 24 of the Act for the respondent's project (and its objectives) and for the proposed taking, with reference to the matters in s24(7)(b) and (d) of: (a) The extent to which the respondent has resolved with the owner of Sylvia Park the location of the bus station and the means of access to and from it; and (b) The proposed East West Corridor Pro...

8. [2018] NZEmpC 110 A Labour Inspector v Prabh Ltd [pdf, 508 KB]

   ...treated over the entire period of their employment. In some ways, the situation was aggravated in that the defendants took advantage of the employees’ vulnerability over immigration status. Any further issue relating to these immigration matters, however, would need to be resolved in another forum. [11] One other factor which the plaintiff seeks to have considered as an aggravating feature in the claims now made is that the defendants knew of their obligations when empl...

9. [2011] NZEmpC 51 Health and Body Clinic Ltd Ors v Zhao [pdf, 118 KB]

   HEALTH AND BODY CLINIC LIMITED V ANITA ZHAO NZEmpC AK [2011] NZEmpC 51 [23 May 2011] IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 51 ARC 128/10 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN HEALTH AND BODY CLINIC LIMITED First Plaintiff AND MURRAY ARNESEN Second Plaintiff AND LYNETTE ARNESEN Third Plaintiff AND ANITA ZHAO Defendant Hearing: 23 May 2011 (Heard at Auckland) Counse...

10. KOTUHI Shane Hasan Francis Sharif (CSU 2011 WGN 000217) [pdf, 73 KB]

    IN THE CORONERS COURT AT WELLINGTON ([N CHAMBERS] IN THE MATTER of the Coroners Act 2006 AND IN THE MATTER of an Inquiry into the death of SHANE HASAN FRANCIS SHARIF KOTUHI Date of Death: 9 th May 2011 Before: Coroner Mr I R Smith Date of Findings: 2nd October 2013 FINDINGS OF CORONER I SMITH [1] Introduction This is an enquiry into the death of Shane Kotuhi, a 16 year old boy who resided with a cousin at Flat 20/175 Owen Street, Well...