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1. [2019] NZEmpC 94 Allen Chambers Limited v Pelabon [pdf, 270 KB]

   ...Directions at 18 <www.employmentcourt.govt.nz/legislation-and- rules>. c) Reference was made to various aspects of the background of Mr Pelabon’s claim, which it was argued should be taken into account. [5] For Mr Pelabon, the following response was given in reply: a) The Court should focus on the complexity of the case, rather than the ability and experience of the representative. b) In response to a submission that costs, if awarded according to scale, would pr...

2. Fox - Omuriwaka Maori Reservation (2020) 246 Waiariki MB 139 (246 WAR 139) [pdf, 173 KB]

   ...Pairi, Bob Te Pairi, Mihi Pene-Ellis, Jan Amoroa, Danny Mahia, Denny Wiki and Gary Wharepapa. Procedural History [7] The matter was first heard before me on 8 September 2016.Submissions had been filed by Te Ao Te Pairi and Mihi Pene-Ellis in response to the application. After hearing from the parties I directed that the submissions be sent to the applicant following which he would have two weeks to reply. [8] A further hearing was held on 6 March 2017.During the hearing it...

3. Ormsby v Ormsby - Aorangi B No.1A No. 3 [2018] Maori Appellate Court MB 547 (2018 APPEAL 547) [pdf, 203 KB]

   ...sense were burdensome.2 She also confirmed that her children, Jacinta and Taaniko Ormsby, supported the gift, noting that one was under age, and emphasised that in any event, they would be entitled to comparable lands through a family trust. In response to a question from the learned Judge, Ms Ormsby claimed that, despite the gifting, her children would not be denied a connection to the land.3 [2] Christine Ormsby is the mother of Te Raa Ormsby, and she seeks to appeal the order...

4. DH v Secretary for Justice [2021] NZRA 002 (3 May 2021) [pdf, 168 KB]

   ...and EM bail hearings, handling disclosure and liaising with the Crown. The matter was originally assigned to her, but reassigned to her employer upon Jury Trial election. She conducted a jury trial under supervision in 2020. The Secretary Response [7] The Secretary responded to the application for review on 31 March 2021. The Secretary has now had regard to D v Secretary for Justice [2016] NZRA 1 and has concluded that DH does satisfy the requirement of 36 months recent exp...

5. DQ Ltd v MS Ltd [2020] NZDT 1314 (21 December 2020) [pdf, 188 KB]

   ...(Although, in relation to section 13 and making a false statement, if a statement is false, the intention of the party in making the statement is irrelevant.) 21. MS was in possession of the correct information at the time of the sale and was responsible for ensuring the Notice was completed correctly. As a motor vehicle trader, it should be aware of the importance of giving correct information. That includes ensuring that the person making the sale has the correct details for the v...

6. Application for an Order Requiring Payment to a Rights Owner Under Section 122O of the Copyright Act 1994 [pdf, 571 KB]

   ...date of the enforcement notice? Enforcement date / / (day/month/year) Have you received any challenges to the enforcement notice or any preceding detection or warning notice?  Yes  No If yes, please attach copies of the challenges and responses to those challenges with your application. If no, please move to Step 4. Step 4. Infringement details Which of the infringements identified in the enforcement notice are you asking payment for?  See attached form for list of in...

7. Waikato Bay of Plenty Standards Committee 1 v Campion [2019] NZLCDT 32 [pdf, 108 KB]

   ...days. Further notice was given on 19 August 2019 to the parties seeking their consent to conduct the hearing on the papers (in order to avoid the need for Mr Campion to travel from Hamilton). The Standards Committee consented to this process. No response was received from Mr Campion. Penalty Considerations [2] As stated in Daniels:1 “It is well known that the Disciplinary Tribunal’s penalty function does not have as its primary purpose punishment, although orders will inevi...

8. [2019] NZEnvC 202 JWA Smith & DV Smith Trust v Queenstown Lakes District Council [pdf, 6.4 MB]

   ...anticipated two-day hearing of the appeal , despite the zoning regime for the site changing in May 2019. Furthermore, in the context of being involved in mediation with the appellant concerning the appeal, the applicant fell short of courteous and responsible conduct towards the appellant in not appraising the appellant earlier that any remaining purpose for the disputed consent would be overtaken by the non-notified further resource consents it was seeking and secured. In circumstanc...

9. [2020] NZEnvC 004 Southland Regional Council v Hardegger Trustees Limited [pdf, 326 KB]

   ..."completion date"). (e) Hardegger will supply evidence to the Council to demonstrate the terms and conditions of this enforcement order have been complied with. Such evidence is to include photographs and a letter from the party, or parties, responsible for completing the terms and conditions of this order. Such evidence is to be provided within a month of the completion date. 4. Under s 314(1)(d) of the Act the Court orders that Hardegger is to pay the Council the sum...

10. Residential Tenancies Amendment Bill [pdf, 121 KB]

    ...discretion to make a pecuniary penalty order if it is satisfied that a landlord with six or more tenancies has intentionally committed an unlawful act under one of the following provisions of the principal Act: a. sections 45(1A) or 66I(4) (landlord’s responsibilities in relation to cleanliness, maintenance, smoke alarms, healthy homes standards, and building health and safety requirements); b. sections 45(1AB) or 66I(5) (landlord’s responsibilities in relation to contaminated prem...