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1. Complaints Assessment Committee 403 v Shalendra Goundar [2017] NZREADT 52 [pdf, 226 KB]

   ...December 1994), at [52]. [91] Ms Lucas submitted that Mr Goundar’s conduct was not deliberate, and therefore not a breach of s 73(c). In support of this submission, she referred to the judgment of his Honour Moore J in the High Court, on appeal from the Tribunal’s decision in Clark, referred to above:11 … the Tribunal in a full and detailed decision found that … there had been a breach of s 136 of the Act but that it was not deliberate and thus misconduct in terms of...

2. LCRO 170/2020 KLM Limited v ND (30 March 2021) [pdf, 276 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: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 that...

3. LCRO 243/2013 ZAA v YBC (27 June 2017) [pdf, 267 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:27 … 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 th...

4. Macolm - Okataina 10 (2001) 206 Rotorua MB 287 (260 ROT 287) [pdf, 5.8 MB]

   ...intention of the parties was to contract in accordance with common practice, which in New Zealand is to obtain the signatures of both vendor and purchaser on a formal contract drafted by solicitors. No contract was completed, therefore, the Court of Appeal allowed the appeal. Counsel for Mr Malcom, on the other hand, argued this was not a subject to contract arrangement. He submitted that the terms of this contract were clearly set out in the resolution passed by the Trust at the me...

5. [2019] NZEnvC 029 Cable Bay Wines Limited v Auckland Council [pdf, 12 MB]

   ...ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: Date of Decision: Date of Issue: IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 2- '1 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act CABLE BAY WINES LIMITED & MOTUKAHA INVESTMENTS LIMITED (ENV-2018-AKL-000010) Appellants AUCKLAND COUNCIL Respondent Principal Environment Judge L J Newhook Environment Commissioner I M Buchanan...

6. May 2019 Outstanding Applications [pdf, 370 KB]

   ...MB 54-55 (21/1/1970), 46 South Island MB 232-233 (21/5/1970), 46 South Island MB 254 (20/5/1970) and 45 South Island MB 16-19 (23/5/1969) - Application to the Chief Judge A20190002966 58/93 Bruce Anderson Bamber, Kathleen Mata Bamber Appeal 2019/5 - Tahorakuri A No 1 Section 33A2 Block - against a reserved judgment made on 22 February 2017 at 157 Waiariki MB 173-176 - Notice of appeal and to appeal out of time A20190003142 45/93 Joyce Ruland CJ 2019/6 - Estate of Ma...

7. LCRO 57/2018 G RC and D RC v YS (30 April 2019) [pdf, 335 KB]

   ...scope of review [63] 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...

8. LCRO 97/2019 DH v MB (29 June 2020) [pdf, 273 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: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...

9. LCRO 205/2015 R and N FAMILY TRUST v EL (27 June 2019) [pdf, 314 KB]

   ...scope of review [37] 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 tha...

10. Bell v Churton - Mataimoana (2019) 410 Aotea MB 244 (410 AOT 244) [pdf, 352 KB]

    ...remove this previous qualification to "tikanga" is consistent with the evolution of te reo Māori to meet modern circumstances and the acknowledgement of changes in social environment in, for example, the broadcasting cases in the Court of Appeal and Waitangi Tribunal. [14] He also found that:10 7 See Smith, Native Custom and Law affecting Native Land (Maori Purposes Fund Board, Wellington 1945) and Minhinnick – M...