Search Results

1. [2012] NZEmpC 94 Gini v Literacy Training Ltd [pdf, 93 KB]

   ...Cleary submitted that that case can be distinguished on the grounds that the defendant company was in liquidation whereas there is no evidence in the present case that Literacy Training is insolvent. Discussion [18] Clause 19 of sch 3 to the Act permits the Court to award costs but the Court has no jurisdiction to make costs orders against non-parties. Section 221 of the Act gives the Court jurisdiction to join a party to proceedings in order to enable the Court to more effectiv...

2. Carroll v Maihi-Carroll - Waipuka 2R Sec 3 (2012) 15 Takitimu MB 234 (15 TKT 234) [pdf, 174 KB]

   ...claims for trespass and damages. He says that his nieces and his brother have threatened damages to the communal facilities and continue to trespass over Lot C. The occupiers of Lot C deny the claims and in effect counterclaim that Rex Carroll has permitted a nephew to move a caravan on to the land straddling both Lots D and C and has refused to take steps at the request of the occupiers of Lot C to remove the caravan from their site. [8] The issue for determination is whether or...

3. EJ v VP LCRO 16 / 2011 (9 August 2011) [pdf, 98 KB]

   ...her to attend the meetings. [45] The Respondent advises that while he was aware that the Applicant had health issues, he was not aware that he had had a stroke or suffered from memory loss. [46] However, the question of whether or not EN was permitted to attend meetings was not a matter for the Respondent to decide. It was EL who refused to allow her to attend, and without agreement from him the Respondent could not do otherwise. Testamentary capacity [47] This was not an is...

4. [2022] NZEnvC 038 Land Matters Ltd v Wellington Regional Council [pdf, 593 KB]

   ...at fo rm s p art o f a sig n ifica n t n a tu ra l w etla n d , an d (f) d iv ersio n o f w ater, an d 1,1 I I 20210802 Draft consent order - Topic 41 Wetlands(7127254.4).docx (g) discharge of sediment to water is a permitted activity, provided the following conditions are met: (i) only hand-held machinery is used in any area of the significant natural wetland, and (j) any new structure is not located within a site identified in Schedule C (mana whenua...

5. AT v Accident Compensation Corporation (Mental Injury) [2023] NZACC 131 [pdf, 401 KB]

   ...for that personal injury as that personal injury; and (b) that first treatment must have been received on or after 1 July 1992 and before 1 July 1999; and (c) the treatment must have been of a kind for which the Corporation was required or permitted to make payments either directly under regulations made under the 1992 Act or under an agreement or contract or arrangement under section 29A of the 1992 Act, irrespective of whether or not it made any payment in the particular cas...

6. Apostolakis v Gilbert (Late Interlocutory Applications) [2017] NZHRRT 54 [pdf, 238 KB]

   ...the Tribunal’s statutory limit of $350,000. [13] Addressing first the matter of the questions of law, it is correct that s 122A of the Human Rights Act 1993 (incorporated into proceedings under the Privacy Act 1993 by s 89 of the latter Act) does permit the Tribunal to remove into the High Court either the entire proceedings or “a matter at issue in them”: 122A Removal to High Court of proceedings or issue (1) The Tribunal may, with the leave of the High Court, order that proc...

7. [2010] NZEmpC 145 Young v Bay of Plenty DHB [pdf, 32 KB]

   ...Auckland) Appearances: Applicant in Person Mark Beech and Amy Scott, Counsel for Respondent Judgment: 29 October 2010 JUDGMENT OF CHIEF JUDGE GL COLGAN [1] The question for preliminary decision is whether Roderick Young should be permitted to challenge a determination of the Employment Relations Authority after the statutory time for doing so as an entitlement, has expired. [2] Mr Young was, from late September 2007, a health promoter with the Bay of Plenty Distric...

8. [2019] NZCAA 1 (18 January 2019) [pdf, 216 KB]

   ...Relief against forfeiture [23] As noted, the decision under s 233 for review of seizure may allow relief by a determination under s 235, if it is equitable to do so, having regard to the matters specified in s 234. [24] Section 235 of the Act permits orders for the return of goods, and the sale of goods with all or part of the proceeds paid to the applicant. [25] Section 234 provides, without limitation, that the following factors may be considered: 7 (a) the seriou...

9. [2020] NZEmpC 234 McBride v ANZCO Foods Ltd [pdf, 232 KB]

   ...had been a delay, presumably meaning that the challenge had not been filed within time, in these words: As to the delay, I was unaware at the time that there had been a delay however I accept what [Mr Bennett] has done to seek an extension as is permitted by law, is what I would have instructed him to do. [24] The issue presented by that statement by Mr McBride is discussed later. Analysis [25] The Court has a discretion to extend time to file a challenge.14 In exercising tha...

10. BORA Lawyers and Conveyancers Amendment Bill [pdf, 322 KB]

    ...character. [3] The cases focus attention not on the activity of the association, but rather on whether the “associational character” of the activity has been targeted. [4] In simple terms the right is infringed if the activity in question is permitted for an individual acting alone, but prohibited for those acting together in an association. Under this approach, the proposal to prevent QCs practicing in association with others would infringe s 17. 13. The European approach is more...