Search Results

1. Land Valuation Tribunal COVID-19 Protocol [pdf, 181 KB]

   ...first instance. Expectations of parties and representatives 2 A web-based videoconferencing system supported by the Ministry of Justice and Spark. https://www.courtsofnz.govt.nz/publications/announcements/covid-19/court-protocols/court-of-appeal/#remote-hearings-protocol 17. Parties and representatives are expected to assist the Tribunal by: a. Ensuring attendance at any arranged judicial or facilitator teleconference for the purposes of making directions on matters including...

2. BORA Births, Deaths, Marriages, and Relationships Registration Amendment Bill [pdf, 316 KB]

   ...Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel Margaret Dugdale Policy Manager, Bill of Rights/Human Rights Public Law Group Footnotes 1 In applying section 5, we have had regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260 Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754 and Supreme Court of Canada’s decision in R v...

3. Auckland Standards Committee 1 v Harder [2022] NZLCDT 55 (23 December 2022) [pdf, 98 KB]

   ...the event. That notion is specifically dismissed by his Honour, Clifford J, in the Lagolago decision. [31] The dictum in Laglago also departs from the previously relevant authority of Baxendale-Walker.9 In that matter, the English Court of Appeal held that: Absent dishonesty or a lack of good faith, a costs order should not be made against a regulator unless there is good reason to do so. That reason must be more than the other party has succeeded. [32] In this case, there is...

4. Bayne v Trustees of the Ngāti Rehua Ngāti Wai Ki Aotea Trust (2019) Chief Judge's MB 1432 (2019 CJ 1432) [pdf, 228 KB]

   ...these orders. I dismissed this application for want of jurisdiction on 22 August 2016.7 It would appear that the applicant is now using this s 30 application to re-litigate the issue raised in her s 45 application. Section 30 is not a rehearing or appeal provision and can not be used in this manner. [26] The purpose of a s 30 application is to determine the most appropriate representative for a specified purpose, not to resolve historical grievances or relitigate issues before the...

5. [2010] NZEmpC 80 Willis v Fonterra Cooperative Group Ltd [pdf, 84 KB]

   ...an employee’s actions the test in s 103A “does not give an unbridled license to substitute [the Authority’s and the Court’s] views for that of an employer”. He also cited Whanganui College Board of Trustees v Lewis,9 where the Court of Appeal held that the ascertainment of facts by an employer enquiring into allegations of serious misconduct where there are conflicting accounts does not involve any legal standard of proof. The employer: “acting reasonably, will be entit...

6. Threshold REAA CAC 20005 v Drever [2014] NZREADT 41 [pdf, 36 KB]

   ...direct our Registrar to arrange a Directions Hearing by telephone with our Chairman as to an appropriate timetable procedure towards a fixture before us. [27] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Ms N Dangen Member ______________________________ Ms...

7. Tupe - Manunui No 1 Fourth Residue (2013) 309 Aotea MB 25 (309 AOT 25) [pdf, 110 KB]

   ...depend on a range of considerations including the nature and importance of the issue being decided, the extent of support and opposition and whether notice has been adequate. [17] In The Trustees of Pukeroa Oruawhata v Mitchell 10 the Court of Appeal underscored the importance of strict adherence to s 244 whenever the Court’s discretion to vary a trust order was invoked. A three step process was necessary that included notice to the beneficiaries, of the proposed variation suf...

8. LCRO 177/2021 FA v LL (14 March 2022) [pdf, 238 KB]

   ...scope of review [48] The nature and scope of a review was discussed by the High Court in 2012, which said of the process of review under the Act:8 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for t...

9. CAC 306 v White [2016] NZREADT 38 [pdf, 154 KB]

   ...that she disclosed, that Ms White must have been aware of, and that she chose not to disclose. Result [34] The charge against Ms White is dismissed. [35] Pursuant to s 113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s 116 of the Act. ____________________ Hon P J Andrews Chairperson [2016] NZREADT 38 - White ____________________ Ms N Dangen Member _____________...

10. [2021] NZEmpC 163 The 20 District Health Boards v New Zealand Nurses Organisation [pdf, 237 KB]

    ...Health Boards (DHBs) oppose the NZNO application, submitting that costs should lie where they fall. Its counsel, Mx Hornsby-Geluk, argued that the NZNO was only partially successful in its arguments. She said the Court should follow the Court of Appeal dicta in Health Waikato Ltd v Elmsly to the effect that where there is a mixed measure of success, costs should lie where they fall.2 [5] Mx Hornsby-Geluk also submitted that the case was properly regarded as a test case. For this...