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1. AE v Secretary for Justice 9 December 2014 NZRA 000007 [pdf, 43 KB]

   ...a. He did take into account the applicant’s involvement in the higher category proceedings referred to, but did not consider that it demonstrated substantial and active involvement. The involvement in a PAL 2 criminal proceeding and a criminal appeal was limited to some research, drafting of documents, the briefing of one witness, and cross-examination of one witness. b. That the applicant’s reference to the actions described in para 12(c) were not recorded in the case examples fo...

2. Mihaka v Housing New Zealand Corporation (Referral back to Human Rights Commission) [2016] NZHRRT 8 [pdf, 41 KB]

   ...complains of the decision by Housing New Zealand Corporation (HNZC) to terminate his tenancy. The 90-day notice issued by HNZC was followed by the grant on 24 April 2015 by the Tenancy Tribunal of a possession order in favour of HNZC. Mr Mihaka has appealed that decision to the District Court. Those proceedings have been stayed pending 1 [This decision is to be cited as: Mihaka v Housing New Zealand Corporation (Referral back t...

3. CAC 20004 v Li and Ors [2014] NZREADT 77 [pdf, 23 KB]

   ...allow Mr Rea’s application on behalf of Ms Wang for recall of our said decision herein of 1 September 2014, and that application is hereby dismissed. [12] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Ms N Dangen Member ______________________________ Ms C...

4. Kumandan v CAC404 [2016] NZREADT 21 [pdf, 73 KB]

   ...the hearing when there is new, different or amplified evidence the Tribunal will of course be prepared to revisit its decision. Accordingly the Tribunal dismisses the application under s 115. [10] The Tribunal draws to the parties’ attention the appeal provisions of s 116 of the Real Estate Agents Act 2008. ______________________________ Ms K Davenport QC Chairperson ______________________________ Mr G Denley Member ______________________________ Ms N D...

5. [2014] NZEmpC 5 Nee Nee and Nathan v C3 Ltd costs [pdf, 57 KB]

   ...accommodation, car parking and mileage for one of its witnesses to travel from Tauranga to Auckland and remain in Auckland to give evidence. [7] The Court is guided in the exercise of its discretion on costs by three decisions of the Court of Appeal. 2 This was recently reiterated by the Court in Tan v LSG Sky Chefs New Zealand Ltd. 3 [8] On the basis of those authorities the two primary principles to be applied regarding orders for costs in this Court are, first, that cos...

6. Penalty REAA CAC 10017 v Sherburn [2014] NZREADT 32 [pdf, 21 KB]

   ...Sherburn. [5] Accordingly, we regard this matter as closed in terms of our said 26 November 2013 decision [2013] NZREADT 105 and this decision about penalty. [6] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr J Gaukrodger Member ___________________________...

7. Saltcoates v Balfour LCRO 153 / 2009 (3 December 2009) [pdf, 45 KB]

   ...application would also need to include reasons for the application with reference to the parameters of such a review. [8] For the sake of completeness, I must address one last matter. The applicant included what he described as a new complaint in his appeal application. He alleged that the practitioner had not provided him with information he had requested by two letters. Copies of these letters were provided, and were dated 23 October 2007 and 12 December 2007. The first sou...

8. BORA Civil Aviation Amendment Bill [pdf, 20 KB]

   ...the Director of Civil Aviation may temporarily stop an air operator from working in this country without prior notification, we consider that section 11C raises issues of consistency with section 27(1) of the Bill of Rights Act. 6. The Court of Appeal has stated that observance of the principles of natural justice is a flexible concept and is very much fact specific.[1] We have therefore taken note of the fact that the notice can only be imposed for a limited specific reason, and even t...

9. BORA Regulatory Responsibility Bill [pdf, 364 KB]

   ...individuals affected by a decision made under a particular Act or Regulation from bringing judicial review proceedings on established grounds including that the decision is outside the authority of the Act or regulation (ultra vires). 9. The Court of Appeal has held that section 27 of the Bill of Rights Act is only engaged when the "determination" in question is adjudicative in nature. Section 27 does not apply to a decision which might have an indirect impact on the rights of...

10. CO v DSI [2011] NZIACDT 12 (4 April 2011) [pdf, 69 KB]

    ...statute creating a scheme where the Tribunal’s work is subject to secrecy. For a professional disciplinary body in contemporary New Zealand to operate without its decisions being available would be a truly exceptional situation. [9] The Court of Appeal in R v Liddell [1995] 1 NZLR 538, 546 per Cooke P said in relation to the question of name suppression: “The starting point must always be the importance in a democracy of freedom of speech, open judicial proceedings and the right of...