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1. [2015] NZEmpC 201 Owen v CE of the Department of Corrections [pdf, 174 KB]

   ...a determination, or part of a determination, about whether the Authority may follow or adopt a particular procedure. [21] These provisions have been considered on several occasions. In Employment Relations Authority v Rawlings the Court of Appeal stated: 7 We are satisfied that s 179(5) and 184(1A) are intended to prevent challenge or review processes disrupting unfinished Authority investigations. But once the investigation is over and a determination has been made, there i...

2. CAC 10020 v McDonald [2013] NZREADT 89 [pdf, 57 KB]

   ...[55] It would seem, as endorsed by counsel for the Authority in submissions subsequent to the hearing and related to the defendant’s said email of 9 October 2013, that the defendant’s only course, if she does not accept our findings, is to appeal our decision on guilt. However, we have not yet finally fixed penalty and, of course, we welcome submissions from the defendant on that aspect. [56] Accordingly, we direct the registrar to arrange a telephone conference between the Cha...

3. Clark v Trustees of Poukawa 9G and others trust (2011) 6 Takitimu MB 285 (6 TKT 285) [pdf, 136 KB]

   ...3 Perenara v Pryor – Matata 930 (2004) 10 Waiariki Appellate MB 233 (10 AP 233). 4 Marino – Repongaere 4G (Part) (2004) 34 Tairawhiti Appellate MB 98 (34 APGS 98). 5 Apatu v Puna – Owhaoko C 1 and 2 (2010) Maori Appellate Court MB 34 (APPEAL 34). 6 Apatu v Puna – Owhaoko C 1 and 2 (2010) Maori Appellate Court MB 34 (APPEAL 34) at 37. 7 Ellis v Faulkner – Poripori Farm A Block (1996) 57 Tauranga MB 7 (57 T 7) at 7–8. 8 Ellis v Faulkner – Poripori Farm A Block (199...

4. [2013] NZEmpC 228 Edwards v The Board of Trustees of Bay of Islands College [pdf, 143 KB]

   ...there are strong arguments for the maintenance of confidentiality unless waived by Ms Woolf. My decision on the facts of this case should not be seen as creating a class of privilege for union officials. As the recent judgment of the Court of Appeal in M v L [[1999] 1 NZLR 747] illustrates, there are many difficult problems in a class approach to the matter and that would [be] no less so in respect of union officials in employment law. Each case, including this, must be determined...

5. Sen v Kiff [2012] NZWHT Auckland 3 [pdf, 156 KB]

   ...report was dated 24 July 2009 but the Reliant quote is more recent, dated 11 February 2011. [55] In addition Mr and Mrs Sen have claimed $20,000.00 general damages each for themselves and their daughter, a total of $60,000.00. The Court of Appeal has stated that $25,000.00 per dwelling is to be taken as a guide for awards of general damages in leaky homes cases.3 I accept Mr and Mrs Sen’s evidence that they and their daughter have suffered mentally and physically from their...

6. [2017] NZEnvC 193 Doctors Flat Vineyard Ltd v Central Otago District Council [pdf, 4.5 MB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND Decision No, [2017] NZEnvC193 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act DOCTORS FLAT VINEYARD LIMITED & RUBICON HALL ROAD LIMITED (ENV-2017-CHC-16) Appellants CENTRAL OTAGO DISTRICT COUNCIL Respondent Court: Environment Judge J R Jackson Environment Commissioner C J Wilkinson Environment Commissioner K A Edmonds Hearing: In Chambers at Christchurch Date of Decision...

7. CL & ZA v GU LCRO 148/2013 (25 May 2016) [pdf, 68 KB]

   ...of the parties, as is the case here. Nature and Scope of Review [23] 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 is much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reaching his o...

8. Barry Knox [pdf, 167 KB]

   ...assessment of the similarities and differences between the opinions of these Landscape Architects. A summary of the points I made during the hearing are attached to this evidence as Appendix 1. The application was declined and this decision was appealed. 9 I have been asked to provide evidence to assist DCC with the Environment Court hearing. For this I undertook further site assessments on 3, 8 and 14 February 2017. 10 For the sake of transparency I wish to record that I ha...

9. [2018] NZEnvC 030 Auckland Council v London Pacific Family Trust [pdf, 7.4 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC ~ 0 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act AUCKLAND COUNCIL (ENV-20 17 -AKL-OOO 105) Appellant JANICE BUDDEN, MARK GITTOS AND MICHAEL ROWE AS TRUSTEES OF THE LONDON PACIFIC FAMILY TRUST Respondent Principal Environment Judge L J Newhook Environment Judge JJM Hassan Environ...

10. BORA Financial Advisers Bill [pdf, 375 KB]

    ...the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person’s rights, obligations, or interests protected or recognised by law. The Court of Appeal has stated that observance of the principles of natural justice is a flexible concept and is very much fact specific. 65. The right in section 27(1) affirms that decisions are made in a procedurally fair way. Natural justice requires, in...