Search Results

1. LCRO 17/2021 NV v WQ (30 June 2021) [pdf, 167 KB]

   ...scope of review [47] 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 165/2019 RG v TQ (19 May 2021) [pdf, 200 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...

3. [2023] NZEmpC 30 Goldie v Chief Executive of the Department of Corrections [pdf, 219 KB]

   ...obliquely, in her reminder email to the Union representative. [40] With respect, I consider the bar in Melville was set too high. In that, I agree with Chief Judge Colgan in Davies v Dove Hawkes Bay Inc.9 As noted in Davies, while leave to appeal the Employment Court’s decision in Melville was declined, the Court of Appeal said that it could not accept, as a matter of law, that there must always 7 Melville v Air New Zealand Ltd [2010] NZEmpC 87, (2011) 9 NZELC 93,700 at [33]....

4. [2023] NZEnvC 088 Barr Family Trust v Wakatane District Council [pdf, 450 KB]

   AJ & VF BARR FAMILY TRUST v WHAKĀTANE DISTRICT COUNCIL IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 088 IN THE MATTER OF an appeal under s 120 of the Resource Management Act 1991 against a decision of the Whakatane District Council to grant resource consent for a wedding and events venue at 1513 and 1553 State Highway 3, Awakerea BETWEEN AJ & VF BARR FAMILY TRUST (ENV-2022-AKL-022) Appellant AND WHAKA...

5. [2023] NZEmpC 2 The NZ Tertiary Education Union Te Hautu Kahurangi O Aotearoa Inc v Vice Chancellor of the Auckland University of Technology [pdf, 259 KB]

   ...involuntary.18 He drew on observations made by the Court in Labour Inspector v Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre. While Mr Wicks referred to the Court’s decision in that case, it was the subject of a successful appeal to the Court of Appeal.19 [60] Mr Wicks submitted that in determining the level of a sanction it is appropriate to take into account:20 16 Employment Relations Act 2000, s 140(6). 17 Cooper v Phoenix Publishing Ltd [2020] NZEmp...

6. Samuel v Samuel - Succession to Te Urupiki Samuel (2025) 334 Waiariki MB 271 (334 WAR 271) [pdf, 266 KB]

   ...to succeed to Te Urupiki’s Māori land interest; (c) Section 118 vesting Te Urupiki’s Māori land interests in the person’s entitled; and (d) Section 242 for payment of funds held to the persons entitled equally. [12] This decision was appealed to the Māori Appellate Court. Reihana Samuel appealed on the basis that he, and other members of the whānau, were not notified of the application before the lower court and were unable to present material evidence. Issues of natural...

7. LCRO 144/2024 NQ v PW (28 March 2025) [pdf, 187 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...

8. LCRO 135/2024 FA v TK and GY (25 March 2025) [pdf, 184 KB]

   ...scope of review [45] 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...

9. LCRO 9/2022 LJ v TW obo trustees of PQ and RQ Family Trust (19 June 2024) [pdf, 183 KB]

   ...scope of review [56] 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...

10. Auckland Standards Committee v ABC [2012] NZLCDT 14 [pdf, 181 KB]

    ...speech recognised by s 14 of the New Zealand Bill of Rights Act 1990, the importance of open judicial proceedings, and the right of the media to report proceedings.5 That principle has been reaffirmed on a number of occasions,6 and the Court of Appeal has confirmed that open justice principles are equally applicable to civil cases.7 [47] Any exercise of the power to suppress the practitioner’s name allowed by s 240 Lawyers and Conveyancers Act 2006 should also take into accou...