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1. Jones v Accident Compensation [2016] NZACA 06 [pdf, 144 KB]

   ...leave to appeal out of time against the review decision of 28 June 1994, was heard on 23 May 2016, with leave being declined in a decision issued on 21 June 2016. [19] In summary, I found that the delay of 20 years was inordinate, that the responsibility for the delay lay overwhelmingly with Mr Jones, that his explanations for the delay were not accepted and that there had been serious prejudice to the Corporation, given the destruction of its file and the missing decisions and me...

2. Complaints Assessment Committee 409 v Ganesh [2018] NZREADT 27 [pdf, 195 KB]

   ...Tribunal could find Mr Ganesh had engaged in unsatisfactory conduct under s 72 of the Act. [13] The second charge alleged misconduct under s 73(a) of the Act. It was founded on inconsistencies between Mr Ganesh’s statements to the investigator, his response to the charge, and his formal statement of evidence, as to his involvement in or knowledge of the Mogans purchase agreement and the nominee agreement, and as to his knowledge of the Mogans-Gkamal loan agreement. The Committee...

3. Evidence Brief: Sex Offender Treatment for Adults [pdf, 250 KB]

   ...offending (Review). The Cochrane Library, Issue 12. New Jersey: John Wiley & Sons, Inc. Hanson, R., Bourgon, G., Helmus, L. & Hodgson, S. (2009). A Meta-Analysis of the Effectiveness of Treatment for Sexual Offenders: Risk, Need and Responsivity. Ottawa: Public Safety Canada. Schmucker, M. & Losel, F. (2008). Does sexual offender treatment work? A systematic review of outcome evaluations. Psicothema, 20(1): 10-19. Citations

4. [2018] NZEmpC 89 Lorigan v Infinity Automotive Ltd [pdf, 268 KB]

   ...if a new date was established. There was a concern that a deferral of the hearing would inevitably lead to additional costs. It was also stated that the more this proceeding was prolonged, then the longer Mr Lorigan had a platform for making irresponsible and baseless allegations against the company and individuals associated with it. [45] Also before the Court was Infinity’s application for an unless order. That application set out the multiple failures of Mr Lorigan to compl...

5. Koia - Wharekahika A13 - Potaka Marae (2006) 75 Ruatoria MB 155 (75 RUA 155) [pdf, 703 KB]

   ...29(2)). So no order of the Court results from the inquiry, and certainly not an order for a permanent injunction. Even where the Court makes recommendations under section 29 there is no certainty that such recommendations will be adopted. [23] In response to my queries on these points Mr Koia argued that this Court should not be bound by the general law relating to interlocutory injunctions as stated in Finnigan v NZ Football Rugby Union Inc (No.2) or in American Cyanamid Co v Ethic...

6. [2017] NZEmpC 105 Nisha v LSG Sky Chefs NZ Ltd & Anor [pdf, 159 KB]

   ...who was a director of a party: Axiom Rolle PRP Valuations Services Ltd (Axiom). [27] In its judgment, the Court of Appeal said: [15] The core features of the present case are routine. Mr Kidd was the guiding mind of Axiom and in this way was responsible for the litigation strategy it pursued. By the time costs came to be fixed Axiom was insolvent. [16] We think it clear that those factors do not in themselves warrant an award of costs against Mr Kidd personally. Something more...

7. [2017] NZEnvC 106 Wallace Group Limited v Auckland Council [pdf, 445 KB]

   ...HNZ's second claim also fails. Outcome [49] Both of HNZ's claims seeking the right to participate under s274 fail. [50] Costs are reserved. Any application is to be lodged within 15 working days of the release of this decision, with any response within a further 10 working days. Any claim will be resolved on the papers. For the court: L J Newhook Principal Environment Judge

8. Evans - Tokata A15 (2004) 68 Ruatōria MB 131 (68 RUA 131) [pdf, 2.6 MB]

   ...chambers on the 5th of February 2004. That minute is recorded at 67 RUA 46 and I adjourned the application following a request from the applicant's solicitor, Mr Alan Taite. Mr Taite requested the adjournment in order to continue pursuing responses from the Trading Banks. The matter was therefore adjourned to March 2004. Minute Book: 68 RUA 137 7 On the 3'd of March 2004 the final Court sitting was held for this application (67 RUA 116) On that date Mr Evans supplied...

9. Staite v Greenville - Paeroa East 4B2C2 (2002) 264 Rotorua MB 132 (264 ROT 132) [pdf, 711 KB]

   ...that I have serious doubts this Court has the power to award interest on a claim such as this. I reserve this question and if the plaintiff wishes to take the matter further, leave is given to file submissions. ~J will then give directions as to a response from the respondents. Costs are likewise l reserved and may be the subject of written submissions. Minute Book: 264 ROT 142 RESULI The applicant then succeeds and judgement is hereby given against the first respondent for $46,8...

10. Eddy [2017] NZREADT 37 [pdf, 220 KB]

    ...unethical practices in connection with real estate transactions. [33] As its wording makes clear, r 13.13 applied to “members” of the Institute. Mr Chrisp was not a member: he was a salesperson. However, r 13.4 provided that: 13.4 It shall be the responsibility of licensed members to ensure that salespeople or employees engaged or employed by them are of good character and repute, and that their conduct is no less than that required of a member. [34] Accordingly, r 13.13 sh...