Search Results

1. [2018] NZEmpC 37 Edminstin v Sanford Ltd [pdf, 396 KB]

   ...he was successful and is, therefore, entitled to an order in his favour. In supporting this claim, Mr Andrew’s submissions relied on the discretion to award costs in cl 19 of sch 3 of the Act and on the principles derived from three Court of Appeal decisions: Victoria University of Wellington v Alton- Lee,20 Binnie v Pacific Health Ltd,21 and Health Waikato v Elmsly.22 Initially, no submissions were made about the appropriateness, or reasonableness, of applying the Court’s Guid...

2. AVS Operating Guidelines for District Courts [pdf, 817 KB]

   ...appearing remotely. A judicial protocol has been developed to cover all sites and hearings in Appendix 1. 1.4 Authority to Use Section 103 of the Evidence Act 2006 allows for applications to be made to the court (the Supreme Court, the Court of Appeal, the High Court, any District Court, Family Court or Youth Court) for witnesses to give evidence in an 3 alternative way. Alternative ways are outlined in section 105. Those which could be facilitated by AVS include a witne...

3. CAC 10031 v Lum-On [2012] NZREADT 30 [pdf, 144 KB]

   ...of this order. Mr Lum-On to file any submissions he wishes to make 10 days thereafter and the Complaints Assessment Committee to reply two days thereafter. [44] In accordance with s 113 of the Act the Tribunal advises the parties of the right to appeal this decision to the High Court pursuant to s 116 of the Act. DATED at WELLINGTON this 1st day of June 2012 ______________________________ Ms J Robson Member ______________________________ Mr G Denley Member...

4. Regulatory Impact Statement a Stronger Response to Family Violence information sharing between court jurisdictions in domestic violence cases [pdf, 193 KB]

   ...sharing in DV cases party’s rights and confidence  in the justice system  know something about  the information without  seeing it first   Allows relevance to be determined  by existing legislation and checked  by appeal/review processes if  necessary   Access to address information  42. The alternative option we propose  for  remedying uncertainty of access  to criminal  jurisdiction  address information is to provide for un...

5. Justice Matters - issue 17 - December 2019 [pdf, 5 MB]

   ...important mechanism that will enable investigations into miscarriages of justice to be completed in an independent, timely and fair way. “We’ve seen how our justice system can very occasionally get things spectacularly wrong, even with rights of appeals, and there needs to be a chance for the innocent on the right grounds to seek a final review of their case.” The Commission will have important information- gathering powers, including the ability to apply for a court order to acc...

6. BORA Customs and Excise Bill [pdf, 231 KB]

   ...detained is the protection of human dignity, autonomy and liberty. 12 73. To trigger the concept of detention there must be a “substantial intrusion on personal liberty” 13, whether a physical deprivation or a statutory constraint. The Court of Appeal has held that: 14 “An arrest or detention is arbitrary if it is capricious, unreasoned, without reasonable cause: if it is made without reference to an adequate determining principle or without following proper procedures.”...

7. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Evidence- John Craig [pdf, 133 KB]

   BI-309448-3-581-V2 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent BRIEF OF EVIDENCE OF JOHN LAURENCE CRAIG ____________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor on recor...

8. CAC20004 v Vessey [2015] NZREADT 10 [pdf, 174 KB]

   ...a contribution to the costs of the Authority of $1,000 and to this Tribunal of a further $1,000, and a compensation payment to the complainants of $2,000. [67] 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 ______________________________ Mr G Denley Member ______________________________ Ms C San...

9. ZF v XC LCRO 266/2013 (19 February 2015) [pdf, 103 KB]

   ...investigation for or on behalf of a Standards Committee in relation to the complaint or matter to which the final determination relates. [47] In addition, Winkelmann J in Deliu v Hong noted that:12 …the power of review is much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reaching his...

10. Fehling v Appleby [2014] NZHRRT 24 [pdf, 94 KB]

    ...Privacy Act. Those members were the Chairperson, RPG Haines QC, Ms J Grant, Member and Ms S Scott, Member. The application was dismissed in Fehling v Appleby (Recusal Application) [2014] NZHRRT 11 (17 March 2014). Neither decision was challenged on appeal. [7] At the commencement of the hearing Mr Fehling made two applications: [7.1] First, that the Tribunal address certain further issues under the Insolvency Act, particularly in relation to the remedies the Tribunal can award agains...