Search Results

1. [2012] NZEmpC 179 Drader v Chief Executive of the Ministry of Social Development [pdf, 189 KB]

   ...defendant’s confidential records, obtained an unlisted phone number, went into a private interview room and made a telephone call which the plaintiff conceded, on at least two occasions, amounted to a threat. [77] Ms Turner cited the Court of Appeal’s decision in Chief Executive of the Department of Inland Revenue v Buchanan (No 2), 12 where it was held that a breach by an employee of an employer’s policies and procedures contained in a code of conduct, may justify a dis...

2. [2015] NZEmpC 76 Sealord Group Ltd v Pickering [pdf, 192 KB]

   ...Mr Pickering for the income lost over that three-month (or 13-week) period. [66] Under s 128(3) of the Act the Court also has a discretion to order an employer to pay a greater sum as compensation for lost remuneration but, as the Court of Appeal made clear in Sam's Fukuyama Food Services Limited v Zhang moderation is required in fixing awards for lost remuneration and any such award must have regard to the individual circumstances of the particular case. 4 [67] In Zhang t...

3. Stanley & Anor as trustees of the Lucy Stanley Family Trust v North Shore City Council [2011] NZWHT Auckland 20 [pdf, 194 KB]

   ...likely to incur even if the gym equipment is owned by her company as the company could seek reimbursement from the claimant trust. I therefore allow the removal costs as estimated. Page | 17 General Damages [45] The Court of Appeal in Byron Avenue confirmed that the availability of general damages in leaky building cases was generally in the vicinity of $25,000 for owner-occupiers.1 White J in Coughlan & Ors v Abernathay & Ors confirmed that standard r...

4. LCRO 162/2015 and 66/2016 IA v CMR (31 July 2017) [pdf, 253 KB]

   ...scope of review [90] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:15 … 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...

5. [2018] NZEnvC 085 Glencoe Land (Joint Venture) Limited v Queenstown Lakes District Council [pdf, 6.5 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [20181 NZEnvC 85 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act GLENCOE LAND (JOINT VENUTRE) LIMITED (ENV-2017 -CHC-000041) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J R Jackson (Sitting alone under section 279 RMA) Hearing: On the papers Counsel: J Macdonald for Glencoe Land (Joint Ventu...

6. LCRO 217/2017 PY v SD [pdf, 395 KB]

   ...scope of review [58] 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 that...

7. Rolleston v Moore - Lot 1 Deposited Plan South Auckland 52401 and Ongaonga No 1C No 1 Block (2016) 133 Waikato Maniapoto MB 39 (133 WMN 39) [pdf, 297 KB]

   ...then signed and sealed. The order and the boundary have been accepted for over 70 years. Because the orders affect title the law requires that they be conclusive and not subject to continual variation or adjustment. [54] That decision was not appealed by the respondents. Nevertheless they continued to maintain that the boundary line is in the incorrect place. That belief has influenced the respondents’ conduct both prior to and following the filing of proceedings in this Court....

8. Owen v Hauiti - Kiwinui A (2016) 57 Tairawhiti MB 70 (57 TRW 70) [pdf, 290 KB]

   ...order in favour of a non-owner. However, an order vesting interests in the land or a right to possession of the land (or part of it) in favour of a non-owner will likely offend the kaupapa and provisions of the Act. Although in Grace the Court of Appeal did not completely rule out that possibility. Where the Court concludes that a non-owner is entitled to equitable relief, the Court will in the first place look to awarding monetary compensation. If monetary compensation is inappropr...

9. LCRO 136/2016 AB v DE and GH [pdf, 483 KB]

   ...At [8]. 20 Letter PQ to Legal Complaints Review Office (20 September 2017). 21 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 11 … 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...

10. MLC 2018 September 2018 - OCR Outstanding Applications [pdf, 382 KB]

    ...05/12/13 - Application to the Chief Judge A20180004454 58/93 Ngati Kawa Aramiha Taituha Te Tii A Maori Reservation (Waitangi Marae) - and an inquiry into administration of a rservation made at 173 Taitokerau MB 245 on 29 May 2018 - Appeal A20180004493 45/93 Ripeka Brightwell Roera Rangi or Rangi Roera or Roera Te Heke-tanga - and succession orders made at 10 Taranaki MB 174 (13/06/1904), 10 Taranaki MB 138 (12/10/1906) and Wellington Appellate MB no 1 p.133 (1...