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1. [2020] NZEnvC 165 Taranaki Energy Watch Incorporated v South Taranaki District Council.pdf [pdf, 7.8 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA Kl OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No [2020] NZEnvC 165 of the Resource Management Act 1991 of an appeal under clause 14 of the First Schedule of the Act TARANAKI ENERGY WATCH INCORPORATED (ENV-2016-WLG-80) Appellant SOUTH TARANAKI DISTRICT COUNCIL Court: Respondent Environment Judge J E Borthwick Environment Commissioner J A Hodges Environment Commissioner J T Baine...

2. LCRO 104/2017 CH v SL (16 December 2019) [pdf, 167 KB]

   ...scope of review [40] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:14 … 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. LCRO 104/2018 CJ v MV (28 February 2020) [pdf, 189 KB]

   ...scope 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):2 … 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...

4. LCRO 118/2018 VT v MQ (18 March 2020) [pdf, 157 KB]

   ...of review under the Act:1 1 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 10 … 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 181/2017 FW and KP v BG (31 October 2019) [pdf, 173 KB]

   ...scope of review [46] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:9 … 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...

6. LCRO 215/2018 WN v ZD (31 October 2019) [pdf, 162 KB]

   ...scope of review [29] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … 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...

7. National Standards Committee 1 v Gardner-Hopkins [2022] NZLCDT 2 (13 January 2022) [pdf, 211 KB]

   ...of contexts in which professional misconduct comes to be examined, it is very difficult to find cases which specifically mirror each other. The two other cases of sexual misconduct which have been considered by this Tribunal (and in one case on appeal by a Full Bench of the High Court) are Daniels14 and Horsley.15 Each of those cases resulted in a three-year suspension of the practitioner. [55] Mr La Hood submitted that the present case was more serious than each of them, so th...

8. LCRO 143/2020 TJ v YY (16 December 2021) [pdf, 230 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: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...

9. [2021] NZEmpC 137 Coetzee v Oamaru Meats Ltd [pdf, 280 KB]

   ...the nature and extent of the duty of good faith, were obiter. I do not consider that Evans supports the proposition that there was any duty on Mr Thorp to explain the agreement. [37] McHale also needs to be seen in context. That case was an appeal from an Employment Tribunal decision to strike out the proceeding without a full hearing. The 12 Evans v Building Connexions Ltd (t/a ITM) [2012] NZERA Christchurch 2. 13 At [37] 14 McHale v The Open Polytechnic of New Zealand [1...

10. [2021] NZEnvC 146 Ngati Paoa Trust Board v Kennedy Point Boatharbour [pdf, 437 KB]

    ...thereafter adapted to avoid any detected impacts from construction works. c) Condition 61: … the construction work within the penguin breeding season will be reduced to the greatest extent practicable. Mr Gardner-Hopkins referred to the Court of Appeal decision in Gillies Waiheke Limited v Auckland City Council7 in which it was said: … the approach to the interpretation of a consent and the accompanying conditions is an objective one. That is, what would the reasonable obser...