Search Results

1. COVID-19 Response (Courts Safety) Legislation Bill [pdf, 408 KB]

   ...they fail to confirm to the Registrar’s satisfaction that they have met COVID-19 jury requirements. The Registrar may refer the exercise of powers of deferral or excuse to a Judge and any person dissatisfied with a Registrar’s decision may appeal against that decision to a Judge. A Judge may also excuse a person summoned to attend as a juror in the court in which the Judge sits if the Judge is not satisfied that the person meets the COVID-19 jury requirements. 30. A Registrar...

2. [2012] NZEmpC 17 Transpacific Industries Group (NZ) Ltd v Harris & Others [pdf, 90 KB]

   ...matter removed to the Court rather than an investigation meeting and a hearing de novo of a challenge. [24] Ms Stone properly raised the other side of that proposition which is that removal into the Court would deprive the parties of a “right of appeal”. That is undoubtedly correct but, as the Court has observed on previous occasions, that occurs whenever a matter is removed under s 178 and the legislature must have regarded it as an acceptable consequence. [25] Ms Stone qu...

3. ENVC Hearing 6Oct14 NPI Trust Moana Te Waeroa numbered [pdf, 73 KB]

   ...Court,  upholds  the  Mana  of  the  Waitangi  Tribunal  Court  who  uphold  my  own   Mana  as  a  Treaty  Partner  and  ask  that  you  digest  the  importance  of  my  appeal.         8   It  should  be  noted  that  pre  2000,  the  various  Crown  agencies  accepted   representative  of    Waiheke  Island  at  that  time,  was  th...

4. [2008] NZEmpC AC 19/08 Barry v Anoop Investments Ltd [pdf, 37 KB]

   ...between the representatives, culminating in an email dated 19 July 2007 from the defendant’s solicitors in which they confirm that they acted for the defendant “with regard to the Employment Authority matter as well as the Employment Court Appeal”. They regretted the delay in replying and said that they would be seeking to file a defence and went on to refer to the possibility of a settlement. [7] Upon being advised of this communication, Chief Judge Colgan set the matte...

5. [2020] NZEnvC 112 Lindis Catchment Group Incorporated v Otago Regional Council [pdf, 1.2 MB]

   ...year to run). On the other hand if the consents are to commence on 2 October 2021 - which may be realistic since the Joint ORC/LCG submissions dated 17 February 2020 [13] [Environment Court document 85]. 5 (First) Interim Decision has been appealed to the High Court- then only Cluden Station's consent 2003.251.V1 and Kotiti's consent 2001.546 will need to be surrendered. (11) If the consents are to commence soon then there is one other point not directly referred to by...

6. Guo v PwC (Non-Party Discovery - Oral Hearing) [2020] NZHRRT 51 [pdf, 208 KB]

   ...Guo’s complaint under the Privacy Act in which she alleged Dr Culpan failed to make full disclosure when responding to her IPP 6 request. Those proceedings were dismissed by the Tribunal in Guo v Culpan [2018] NZHRRT 25 (19 June 2018) and Ms Guo’s appeals to the senior courts have been unsuccessful. See the decisions collected in the Minute dated 30 October 2020 at [3]. In these circumstances grant of the application will not be consistent with the duty of the Tribunal to ensure th...

7. [2007] NZEmpC CC 27/07 South Tranz Ltd & Ors v Strait Freight Ltd [pdf, 51 KB]

   ...the parties; and (ab) the terms may not be cancelled under section 7 of the Contractual Remedies Act 1979; and (b) except for enforcement purposes, no party may seek to bring those terms before the Authority or the Court, whether by action, appeal, application for review, or otherwise. (4) A person who breaches an agreed term of settlement to which subsection (3) applies is liable to a penalty imposed by the Authority. [22] A further result is that s151 applies. It pro...

8. Lohr v Accident Compensation Corporation (Costs) [2016] NZHRRT 36 [pdf, 60 KB]

   ...of Police (Costs) [2013] NZHRRT 31. [6.8.4] On the other hand, understanding and compassion are equally important. See Meek v Ministry of Social Development [2013] NZHRRT 28 and Andrews v Commissioner of Police (Costs) [2014] NZHRRT 31 upheld on appeal in Commissioner of Police v Andrews [2015] NZHC 745 at [65], [68] and [73] to [74]. 5 APPLICATION OF THE LAW TO THE FACTS Overview [7] It is true Dr Lohr has not been a model litigant. But few self-represented parties are....

9. Randell - Omahu 4C4 (2020 ) 86 Takitimu MB 219 (86 TKT 219) [pdf, 253 KB]

   ...liability under section 73 of the Trustee Act 1956 might also be appropriate where a trust has suffered loss attributable to the direct or indirect conduct of the trustees. [19] Another important authority is Rameka v Hall, a judgment of the Court of Appeal.6 In that case the Court set out the core duties of trustees: [28] The general responsibilities of responsible trustees are set out in s 223 of the Act. That section refers to the following: (a) Carrying out the terms...

10. 2021-02-22 Special Advisor (Ian Gordon) - submission on Willowridge s 281 application [pdf, 150 KB]

    ...where Judge Hassan considers questions of whether s 274 applies should be viewed not with a view to legal nicety, but with the view that submitters and intended parties are “intended to be given a fair opportunity to continue to be heard in plan appeals related to the matters or topics that their submission addresses”. This view is supported by earlier High Court authority albeit in respect of different provisions: see Countdown Properties (Northlands) Ltd v Dunedin City Council...