Search Results

1. [2007] NZEmpC AC 51A/07 Maritime Union of NZ and ors v TLNZ Ltd and anor [pdf, 107 KB]

   ...determination of the proceeding. [20] Having set out the fundamental principle of admissibility of relevant evidence in s7, s8 then provides for general exclusions materially as follows: (1) In any proceeding, the Judge must exclude evidence if its probative value is outweighed by the risk that the evidence will— (a) have an unfairly prejudicial effect on the proceeding; or (b) needlessly prolong the proceeding. [21] Section 14 allows a court to admit evidence about which...

2. Anderson - Te Raupo (2015) 99 Taitokerau MB 206 (99 TTK 206) [pdf, 263 KB]

   ...interests are entitled to ownership of the house and it can then be vested in the whānau trust. But the situation remains untidy in two respects. [62] First, THMC still does not have a legal representative to deal with in relation to the loan. Probate or letters of administration have not been granted. In my view, the quid pro quo of orders vesting ownership of the house in the whānau trust is that the trustees of that trust must assume the rights and obligations of the borrow...

3. Mikaere - Toto v Te Reti B and C Residue Trust - Te Reti B and Te Reti C [2014] Māori Appellate Court MB 249 (2014 APPEAL 249) [pdf, 295 KB]

   ...is not necessary to address in any detail the extent of the High Court’s jurisdiction. Rather a summary is provided below. [31] Sections 4 to 6 of the Supreme Court Act 1860 gave the Supreme Court of New Zealand all the legal, equitable and probate jurisdiction possessed by the superior Courts in England. The general jurisdiction of the Supreme Court was preserved by s 16 of the Supreme Court Act 1882 and its successor, s 16 of the Judicature Act 1908. 17 That provision state...

4. Manning - Kirikiri Pawhaoa B2A1 [2011] Maori Appellate Court MB 215 (2011 APPEAL 215) [pdf, 204 KB]

   ...sale; (c) Whether circumstances exist whereby the Court should make an order under s 135 of the Act changing the status of the land to general land. Background [5] Williena Manning died on 17 August 2004. She left a will dated 20 July 2001. Probate of the will was granted to the trustees by the High Court at Whangarei on 14 October 2004. [6] In her will the testatrix left a life interest to her husband, Max Manning. On his death a half interest in the remainder passes to a da...

5. Smith v ACC [2010] NZACA 7 [pdf, 90 KB]

   ...prejudice does not exist and it is not permissible to refuse to estimate an earnings figure or refuse to pay weekly compensation back to the date of incapacity. [6] Mr Schmidt will submit that only in cases of extreme prejudice, where there is no probative evidence of incapacity or earnings, could this approach be justified and that this does not occur here. [7] The Reviewer’s decision was that the 1982 Act does not allow an estimate of earnings to be made with respect to self-...

6. Chalecki v Accident Compensation Corporation [2015] NZACA 12 [pdf, 282 KB]

   ...evidence do not apply to the admissibility of evidence before the Authority (section 109(5) of the 1982 Act), so the documentation adduced in evidence is all admissible to prove the existence of the policy and its limit, though issues of weight or probative value can arise. Having acknowledged that, I was left in no doubt as to the existence of the policy and the $5,000 limit under the 1982 Act. [84] As for that limit of $5,000, it is not possible to say how it was arrived at. I...

7. [2017] EmpC 41 Cronin-Lampe and anor v BOT of Melville High School [pdf, 211 KB]

   ...witness concerned was the school’s adviser from the New Zealand Schools Trustees Assn during that time. I am also not satisfied that, in view of the different allegations now being made, the witness would have been able to give such relevant and probative evidence that his absence now means that the BoT is prejudiced to the extent asserted. No attempt has been made to specify exactly the material way that that witness would have been able to assist now. [41] Mr White...

8. [2022] NZEnvC 252 Page v Whanganui District Council [pdf, 349 KB]

   ...Decision by Judge Dwyer in Relation to the Order and Decision for Costs Issued by the Environment Court on 11 March 2020”, where similar bad faith allegations were found to be of a “particularly serious kind”, not being supported by any probative, independent or intelligible evidence;25 (b) an Environment Court decision in 2013 striking out an application by Mr Page for a rehearing of the Council’s application for an enforcement and subsequent costs application, which we...

9. [2021] NZACC 174 - Crockford v ACC (5 November 2021) [pdf, 420 KB]

   ...received. The Reviewer inferred this from Mr Mills’ initial refusal to engage with ACC on that issue, and from the significant increase in his earnings in 2005. These are findings of fact and the inferences were there to be drawn in the absence of probative evidence pointing the other way. There was no countervailing evidence. [50] Mr Hunt distinguishes Rockx on the basis that in that case with his considerable disability and with the hiring of persons to carry out his former...

10. IPT Practice Note 4/2023 Deportation Non-Resident [pdf, 384 KB]

    ...it will refuse to issue or will set aside a summons where it is satisfied that it is proper to do so. Without limiting the circumstances, the Tribunal will do so where it is not established that the intended witness is able to give relevant and probative evidence, where there has been an abuse of process, where the summons was irregularly obtained or issued, or where the summons was taken out for a collateral motive or is oppressive. DETERMINATION 17. ORDER OF DETERMINATION AND...