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  1. LCRO 219/2016 and 224/2016 AL v UT (24 January 2019) [pdf, 162 KB]

    ...In particular it is noted that s 138(1)(f) of the Lawyers and Conveyancers Act 2006 provides that it is appropriate for the Committee to take no further action on the matter where: there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make 10 Appendix A – Additional Clauses, clause 18(a). 11 Standards Committee determination, above n 2 at [37]. 7...

  2. 2010 to 2013 Ministry of Justice statement of intent [pdf, 498 KB]

    ...closely with the LSA in preparation for the transfer. Tribunals The Immigration Act 2009 established a single Immigration and Protection Tribunal to be administered by the Ministry, to decide immigration, deportation, refugee and protection appeals in New Zealand. It replaces four existing appellate bodies: - Residence Review Board – currently administered by the Department of Labour (DoL) - Removal Review Authority – currently administered by DoL - Refugee Status Appeals A...

  3. Walker v Sinclair - Lot 9 DP 44307 (2013) 62 Taitokerau MB 203 (62 TTK 203) [pdf, 125 KB]

    ...proceedings in the Court or for any other purpose whether any specified land is or is not held by any person in a fiduciary capacity, and, where it is, to make any appropriate vesting order. [25] In Attorney-General v Māori Land Court the Court of Appeal in considering whether s 18(1)(i) applied to General land concluded that: 4 We are satisfied from this survey of relevant provisions of the Act that, when s18(1)(i) is placed in its proper context, a reading which would enable it...

  4. [2017] NZEnvC 139 MacKenzie v Vavasour Investments Limited [pdf, 243 KB]

    ...consent under Rule E15.4 A19 as a restricted discretionary activity; (b) A number of other rules in the AUP also apply, including buildings in an Outstanding Natural Landscape (which is a discretionary activity); 4 (c) Because of an outstanding appeal against a rule in the AUP relating to the number of dwellings permitted on the site, the development also requires consent under the Rodney section of the Auckland Council District Plan as an integrated residential development in...

  5. [2015] NZEmpC 97 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 268 KB]

    ...defaulting party’s obligation clearly defined. That can especially apply where a party’s obligation is to serve particular documents but not file them. [7] In support of her application for ‘unless’ orders and relying on the Court of Appeal’s judgment in SM v LFDB, 2 the plaintiff contends that such orders may be made where there has been a repeated failure to comply with a party’s disclosure obligations and not merely with a specific court order such as one of those ma...

  6. Putataua Bay Holdings Ltd v Pere - Lot 189 DP 393664 (2014) 82 Taitokerau MB 139 (82 TTK 139) [pdf, 91 KB]

    ...succeed. [26] New Zealand courts have also adopted this reasoning, emphasising that an assessment of whether or not a serious question to be tried in fact existed could not be brushed over lightly. In Roseneath Holdings Ltd v Grieve, the Court of Appeal summarised the essential purpose of an interim injunction: The object of an interim injunction is to protect the plaintiff from harm occasioned by any breach of rights, that is the subject of current litigation, for which the plain...

  7. Auckland District Law Society v Dorbu [2010] NZLCDT 25 [pdf, 195 KB]

    ...the main subject matter with which the proceedings were concerned and to which seven of the 12 charges related – that is the Barge proceedings. [3] Mr Dorbu’s involvement in those proceedings is best summarised by reading from the Court of Appeal judgment in that case which we record at paragraph [69] of our June decision and I repeat that now: “... Standing back and looking objectively at the available material, the following is revealed. Once Mr Barge had turned down the $3...

  8. [2007] NZEmpC CC 19/07 Sefo v Sealord Shellfish Ltd [pdf, 37 KB]

    ...or any part of it to elect to have the matter heard by the Court. [10] Although the heading to s179 refers to “Challenges to determinations of Authority” this is the only reference to a challenge. Section 179 does not confer a right of appeal or challenge in the usual sense of those words. However, the word “challenge” has come to be used for the process of electing to have a matter heard. [11] The starting point under s179 is that a party to a matter before the...

  9. [2016] NZEmpC 152 Pretorius v Marra Construction [pdf, 141 KB]

    ...reasonable. (2) The court may apportion any such costs and expenses between the parties or any of them as it thinks fit, and may at any time vary or alter any such order in such manner as it thinks reasonable. [16] It is well established from Court of Appeal decisions that the Court is required first to determine whether costs incurred by a successful party were reasonably incurred, and then after an appraisal of all relevant factors, decide at which level it is reasonable for th...