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...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: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. 6 At [38]. 7 Letter attached to Mr GI’S application for review at...
BEFORETHEENWRONMENTCOURT IN THE MATTER AND BETWEEN AND AND Decision No. [2017] NZEnvC135 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act SAVE WANAKA LAKE FRONT RESERVE INCORPORATED (ENV-2016-CHC-54) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent WANAKA WATERSPORTS FACILITY TRUST Applicant Court: Environment Judge J J M Hassan Environment Commissioner W R Howie Environment Commissioner K A Edmonds Hearing: In Chambers a...
...scope of review [38] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:6 … 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...
...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:3 … 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...
...available in the particular circumstances. That is how the case was presented by both parties, and I proceed accordingly. 13 At [29]. [71] It appears to be common ground that when considering an interim injunction assessment on appeal, observations made by the Court of Appeal in NZ Tax Refunds apply.14 I agree. The Court relevantly stated:15 The grant of an interim injunction involves, of course, the exercise of a discretion. Such a decision is amenable to appeal,...
...court. (d) Mr AD lied when he said the documents had been filed in court. (e) Mr AD was not instructed to inform the court that the parties would negotiate a settlement. (f) After [EJP] had been liquidated, Mr AD said that there was a chance to appeal that decision and that he could “win this case because we have enough evidence”. Standards Committee requests further information 2 February 2017 [24] On 2 February 2017 the Committee requested further information from Mr AD...
...directors’ and others’ liability in circumstances where a company is unable to rectify a breach. [33] That the regime created by the 2016 Amendment was more wide-ranging than had previously existed under the then s 234 was recognised by the Court of Appeal in Brill v Labour Inspector.13 The object of Part 9A was also recognised in this Court, saying it was to provide additional measures to promote the more effective enforcement of employment standards, especially minimum entit...
...discussed in this decision. 3 Andrew Butler and Petra Butler The New Zealand Bill of Rights Act: A Commentary (2nd ed, LexisNexis, Wellington, 2015) at [17.4.1]. 4 Butcher v New Zealand Transport Authority [2022] NZHRRT 21 at [57]. As the Court of Appeal said in Ngaronoa v Attorney-General [2017] NZCA 351, [2017] 3 NZLR 643 at [119]: “Indirect discrimination under s 65 of the Human Rights Act can arise when a criterion in a law or policy, which is not on its face discriminatory, corres...
...parcel. Specifically we do not agree that “constituted in respect of” necessarily implies a timing requirement. There is no reason why those 2 Moke v The trustees of the Ngāti Tārawhai Iwi Trust (2019) Māori Appellate Court MB 265 (2019 APPEAL 265) at [74]. 3 Memorandum of Counsel regarding final submissions on Jurisdiction, Cameron Hockley, 21 February 2025, at exhibit g. 4 197 Waiariki MB 141-146; See also above n 2. 5 Above n 1, at [35]. 498 Aotea MB 151 word...
...counsel for Star Services to give the Court details about disbursements. [7] Mr Pradeep wrote to the Court on 17 November 2005 apologising for his failure to appear on 3 November 2005 citing medical reasons and advising that he would be filing his appeal papers “by Monday”. However, he has not taken any further steps. [8] I am advised by the Registrar that the costs application was sent to Mr Pradeep’s last known address for service but was returned with address unknown....