Search Results

1. LCRO 13/2019 RA v LO (23 September 2019) [pdf, 146 KB]

   ...scope of review [28] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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...

2. LCRO 70/2018 AR v NM (10 April 2019) [pdf, 212 KB]

   ...scope of review [35] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:4 … 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...

3. Otimi v Fa'uhiva - Hauhungaroa 1A3 (2019) 401 Aotea MB 102 (401 AOT 102) [pdf, 382 KB]

   ...of persons for whose benefit the reservation is made, and may from time to time, as and when it thinks fit, appoint a new trustee or new trustees or additional trustees. [19] The leading authority on the appointment of trustees is the Court of Appeal decision Clarke v Karaitiana. In that judgment the Court confirmed:9 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual conc...

4. LCRO 73/2020 A and B WT v CV and DU (29 September 2021) [pdf, 185 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:1 … 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. [2022] NZEnvC 245 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 255 KB]

   ...– PDP – TOPIC 18 UCESI & ORS v QLDC – SECOND INTERIM DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 245 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14 of the First Schedule of the Act BETWEEN UPPER CLUTHA ENVIRONMENTAL SOCIETY INCORPORATED AND OTHERS (ENV-2018-CHC-56) (and all the appellants allocated to Topic 18) Appellants AND QUEENSTOWN LAKES DISTRICT CO...

6. Insley v Insley - Awanui Haparapara No 2B No 1B Sec 2 [2023] Chief Judge's MB 323 (2023 CJ 323) [pdf, 416 KB]

   ...occupation orders were made in 2010 and 2013. The Court has followed the requirements of the Act, there were several meetings over a number of years for each application. 14. The principles raised in the application seem to be more in relation to an appeal than an application to the Chief Judge. In both instances the orders are not erroneous in fact or in law because of any mistake or omission on the part of the Court or in the presentation of the facts of the case to the Court to...

7. McCaw Lewis - Rakautatahi 1B2B1A (2022) 97 Takitimu MB 232 (97 TKT 232) [pdf, 499 KB]

   ...Māori I must instead consider the position of the residual beneficiaries. [23] In considering whether the interests of residual beneficiaries constitute a “future interest” for the purposes of s 21(2) of the Limitation Act 1950, the Court of Appeal has noted:7 5 Moke v Trustees of Ngāti Tarāwhai Iwi Trust [2019] Māori Appellate Court MB 265 (2019 APPEAL 265) at [74]. 6 Hettig v ANZ, above n 2 at [18]; Hunt v Muollo [2003] 2 NZLR 322 (CA) at [11]. 7 Johns v Johns [2004...

8. Gray v Accident Compensation Corporation (Causation) [2023] NZACC 152 [pdf, 233 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 152 ACR 300/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACCIDENT COMPENSATION ACT BETWEEN MICHELLE GRAY Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 20 July 2023 Heard at: Dunedin / Otepoti Appearances: Mr P Sara for the Appellant Ms J Maslin-Caradus for the First Respondent (via AV...

9. [2023] NZEmpC 234 New Zealand Air Line Pilots’ Assoc IUOW Inc v Tasman Cargo Airlines Pty Ltd [pdf, 307 KB]

   ...email as if it was a proposal that required acceptance before becoming binding. [31] I do not accept Ms Dunn’s submissions questioning the effectiveness of the CEO’s email to vary the employment agreement. As long ago as 1993 the Court of Appeal addressed a similar situation in Talley v United Food and Chemical Workers Union of New Zealand.2 The Court said:3 We are disposed to think that the continued performance of the contract following a variation such as a voluntary pay...

10. [2006] NZEmpC WC 13/06 Griffith v Sunbeam Corp Ltd [pdf, 179 KB]

    GRIFFITH V SUNBEAM CORP LTD WN WC 13/06 28 July 2006 IN THE EMPLOYMENT COURT WELLINGTON WC 13/06 WRC 26/04 IN THE MATTER OF proceedings removed from Employment Relations Authority BETWEEN MALCOLM BRUCE GRIFFITH Plaintiff AND SUNBEAM CORPORATION LIMITED Defendant Hearing: 21, 22 and 23 November 2005 Appearances: G J O'Sullivan, Counsel for Plaintiff R L Towner, Counsel for Defendant Judgment: 28 July 2006 JUDGMENT OF JUDGE A A COUCH