Search Results

1. CW v Accident Compensation Corporation (Leave to Appeal) [2023] NZACC 65 [pdf, 220 KB]

   ...[1963] NZLR 339, 353-354 (CA); Edwards v Bairstow [1995] 3 All ER 48, 57. [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law: eg. Jackson and Kenyon above. Applicant’s Submissions [4] At paragraph 38 of his written...

2. Deputy Registrar - Rakiura Maori Lands Trust (2013) 21 Te Waipounamu MB 35 (21 TWP 35) [pdf, 96 KB]

   ...clear from the evidence that the current trustees are stretched in their work-load and there is owner dissatisfaction with the ability of the present trustees to get things done. The appointment of a further trustee will ensure further trustee resource is available. Dated at Wellington this 22nd day of November 2013. S F Reeves JUDGE RESERVED JUDGMENT OF JUDGE S F REEVES

3. Horan - Hiwarau C (2015) 118 Waiariki MB 25 (118 WAR 25) [pdf, 180 KB]

   ...valuer’s opinion that the partition would not affect the residual value of Hiwarau C, apart from the removal value and that the Pukepuke whānau would not get anything more than was originally amalgamated into Hiwarau C. … [16] I note that a resource consent report was also obtained from the Opotiki District Council Environment and Planning Manger. That report recommends consent be given subject to a Māori Land Court partition order being made and other requirements as to sub...

4. [2015] NZEmpC 177 Southall v Tuau [pdf, 118 KB]

   ...employment relationship and because employees may in certain cases be motivated in part by the desire for vindication. As this Court has previously said a “steely” approach is required. It has been repeatedly emphasised that the scarce resources of the Courts should not be burdened by litigants who choose to reject reasonable settlement offers, proceed with litigation and then fail to achieve any more than was previously offered. Where defendants have acted reasonably in su...

5. [2007] NZEmpC AC 55/07 Kiwikiwi v Maori Television Service [pdf, 48 KB]

   ...photocopying confidential documents and handling large amounts of cash and was anxious that his position be protected from any negative consequences of this. He spoke to Mr Shazell about these concerns and as a result for the first time the human resources manager prepared a role profile for this position as follows: • The effective, error free supply of teleprompt script and operation of teleprompt equipment • Ensure script is accurate and formatted for presenters in a timely...

6. [2011] NZEmpC 95 Walker v Procare Health Ltd [pdf, 113 KB]

   ...and undermining their confidence in the process given the high degree of reliance and trust they often place on counsel who has been with them from the outset. 4. The situation with respect to employer clients varies depending on size and resource. A specialist employment firm depends on the retention of these clients that provide repeat business while for smaller and medium sized businesses and organisations, the reason for wishing to retain counsel is not significantly dif...

7. Joe Atama Adams Pomare Whānau Trust v Adams - Waiaua A1C (2014) 93 Taitokerau MB 253 (93 TTK 253) [pdf, 190 KB]

   ...described as “the balance of the risk of doing an injustice”. 9 8 Wellington International Airport Ltd v Air New Zealand Ltd HC Wellington CIV-2007-485-1756, 30 July 2008. 9 Cayne v Global Natural Resources plc [1984] 1 All ER 225. http://www.brookersonline.co.nz/databases/modus/lawpart/statutes/link?id=CASE%7eNZ%7eNAT%7eHC%7e2008%7e56884&si=57359&sid=b0dbl5pclgk5qvn1kwrxn7cxaew31k2b&hli=1&sp=bcase 93 Taitokerau M...

8. Proactive release - Sexual violence response [pdf, 7.7 MB]

   ...disclosure of further evidence to the defence (after the pre- recorded cross-examination), or a change in legal strategy, which may require complainants to give further evidence at the trial if new issues arose; and 30 3 without additional judicial resource, pre-recording of cross-examination may slow down resolution of sexual violence (and other) trials because of the additional hearing time required. w55f2if1v 2019-06-06 11:40:54 RE LE AS ED B Y TH E PA RL IA M EN TA RY U...

9. BORA Heritage New Zealand Pouhere Taonga Bill [pdf, 418 KB]

   ...refer all applicants for archaeological authorities that affect sites of interest to Māori to the Māori Heritage Council. 5. New archaeological provisions in the Bill will achieve efficiency gains, reduce some costs, and improve alignment with the Resource Management Act 1991 (the RMA). 6. The Bill establishes a separate emergency authority process in the event of natural disasters that cause, or are likely to cause, loss of life, injury, or serious damage to property. This process w...

10. Asad v Patel [2014] NZIACDT 61 (30 April 2014) [pdf, 138 KB]

    ...which allowed that to occur. [25] One of the consequences was the expression of interest had little or no chance of success, and the unlicensed employees filed it regardless. That raised false expectations on the part of the complainant and wasted resources of Immigration New Zealand. [26] In many areas of professional and licensed practice, extensive use is made of people who do not hold the professional qualifications required of the person primarily responsible for providing the serv...