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1. [2017] NZEmpC 141 Lewis v Immigration Guru Ltd [pdf, 322 KB]

   ...being raised along with the remedies which would accompany it if proved. [11] Mrs Lewis is not precluded by the pleading omission from seeking to have the Court consider a claim for unjustifiable dismissal. In Nathan v C3 Ltd, the Court of Appeal stated as follows: 2 [35] The fact that Mr Nathan’s personal grievance was a claim for unjustifiable dismissal under s 103(1)(a) did not mean that the Employment Court was precluded from considering the discrimination issue in the c...

2. [2016] NZEnvC 152 Koha Trust Holdings Limited v Constellation Brands New Zealand Limited [pdf, 735 KB]

   ...of a house and its curtilage during the relevant period, was examined. [16] In his submissions on behalf of the Second and Third Respondents, Mr Clark submitted that support was found for the approach by Morris J in Goldfinch, in the Court of Appeal decision in Body Corporate 97010 v Auckland City Council". It is clear however from the paragraphs he cited that the aspect of the complex suite of Body Corporate 97010 decisions there discussed was about an application for an ext...

3. [2018] NZEmpC 67 Wendco (NZ) Ltd v Unite Inc [pdf, 322 KB]

   ...should find that they “resulted from or related to participation in a strike ... that is lawful under section 83 ...”,5 which meant that the Court must dismiss the proceeding. [26] Relying on an argument advanced in an application for leave to appeal to the Court of Appeal in New Zealand Fire Service Commission v McCulloch, Mr Cranney said that s 99(3), on which Unite relies, provides immunity from suit where there is a legal strike or lockout.6 [27] He said this conclusion...

4. LCRO 150/2017 UG v WN [pdf, 275 KB]

   ...scope of review [23] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … 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 that...

5. LCRO 134/2018 AH v NR (7 April 2019) [pdf, 200 KB]

   ...scope of review [41] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … 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 that...

6. [2021] NZACC 22 - Yeo v ACC (2 February 2021) [pdf, 196 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 22 ACR 381/17 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ALEXANDER YEO Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 25 November 2020 Heard at: Dunedin/Otepoti Appearances: Mr P Sara for the appellant Mr C Light for the respondent Judgme...

7. LCRO 2/2019 RCN and OCN as Trustees v MA, JS, LB and GD (27 May 2020) [pdf, 189 KB]

   ...of a review have been discussed by the High Court, which said of the process of review under the Lawyers and Conveyancers Act 2006 (the Act):22 … 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 that...

8. Jones v Registrar of REAA [2019] NZREADT 27 (28 June 2019) [pdf, 225 KB]

   ...person to hold a licence … The Registrar then advised Mr Jones of his right to seek a review of his decision pursuant to s 112 of the Act. [10] In a letter dated 8 April 2019, Mr Eaton advised the Registrar that Mr Jones intended to “appeal” against the Registrar’s refusal to renew his licence. He stated that there had been a “misunderstanding” as to the charges against Mr Jones, and he had not been charged with tax evasion. He asked that Mr Jones be given a form o...

9. [2020] NZIACDT 22 - NJUM v VOLE (2 June 2020) [pdf, 137 KB]

   ...vulnerable client. [53] I accept Mr Logan’s submission that Mr Vole was not motivated by personal gain. I appreciate that Mr Vole’s fees, at about $16,000 or $13,000, appear to be high, but there were numerous immigration applications and appeals over a period of some years, so the total fee is not on its face extravagant. The testimonials make it clear that Mr Vole is a person who goes to great lengths to help his clients and this appears to be the motivation in this case....

10. LCRO 086/2017 AC v BD (15 November 2018) [pdf, 206 KB]

    ...scope of review [33] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:7 … 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 tha...