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  1. Tomov v Auckland Council [2012] NZWHT Auckland 48 [pdf, 101 KB]

    IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2011-100-000018 [2012] NZWHT AUCKLAND 48 BETWEEN SLAVE TOMOV, LILJANA TOMOVO AND DAVENPORTS WEST TRUSTEE COMPANY (NO 1) LIMITED Claimants AND AUCKLAND COUNCIL First Respondent AND MODERN HOMES DEVELOPMENT LIMITED Second Respondent AND ANDREW THOMAS Third Respondent AND PBS DISTRIBUTORS LIMITED Fourth Respondent AND GEORGE MAREVICH Fifth Respondent AND ROOF IMPROVEMENTS LIMITED (Removed) Sixth Responde

  2. Griffiths & Anor v Plaster Systems Ltd & Ors [2013] NZWHT Auckland 31 [pdf, 102 KB]

    ...taking or pursuing an unnecessary step or an argument that lacks merit. Baragwanath J in Bradbury v Westpac Banking Corporation14 stated increased costs may be ordered where there is a failure by the paying party to act reasonably. The Court of Appeal has made it clear that an uplift is justifiable where particular conduct unreasonably increases costs above what might ordinarily have been expected,15 but it is only to that extent that any uplift from the scale is justified....

  3. MG v HJ LCRO 256/2013 (19 December 2014) [pdf, 66 KB]

    ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. Review Issue [17] The issue on review is whether there is any good reason...

  4. BORA Health (Drinking Water) Amendment Bill [pdf, 405 KB]

    ...Protection Officer, or as "an officer who has functions, duties, or powers under this Act" (clause 7, new section 69G – Interpretation) 2 In applying section 5, the Ministry of Justice has regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260; Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; Moonen v Film and Literature Board of Review [2002] 2 NZLR 754; and the Supreme Court of Canada’s decision in R...

  5. ND v SE LCRO 197/12 (24 June 2015) [pdf, 167 KB]

    ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. Review Hearing [13] Mr ND attended a review hearing in [City] on 22 June...

  6. HR v OW & CT LCRO 79/2014 (8 September 2015) [pdf, 299 KB]

    ...question of compensation does not arise on the present facts because of the terms of settlement the parties 3 reached. Counsel refers to three of the functions that penalty orders fulfil in the disciplinary context drawn from the Court of Appeal decision in Wislang:1 (a) To punish the practitioner. (b) As a deterrent to other practitioners. (c) To reflect the public’s and the profession’s condemnation or opprobrium of the practitioner’s conduct. [12] Counsel also subm...

  7. AX v ZM LCRO 244/2012 (23 April 2014) [pdf, 173 KB]

    ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. Discussion [31] At the review hearing Ms AX traversed a wide range of...

  8. Kartikeya v Fernyhough [2014] NZIACDT 79 (09 September 2014) [pdf, 187 KB]

    ...power to regulate its own procedure (section 49(1)). However, for a professional disciplinary body in contemporary New Zealand to operate without its decisions being available to the public would be a truly exceptional situation. [48] The Court of Appeal in R v Liddell [1995] 1 NZLR 538 at 546 per Cooke P said, in relation to the question of name suppression: [T]he starting point must always be the importance in a democracy of freedom of speech, open judicial proceedings, and the right...

  9. Matchitt - Frank Hata Estate [2016] Chief Judge's MB 860 (2016 CJ 860) [pdf, 98 KB]

    ...278-279 did not refer to substitution of issue and therefore Frank’s interests in Te Kaha8 were vested in his brothers and sisters, including Hubert. 6 [2010] Maori Appellate Court MB 167-216 (2010 APPEAL 167) 7 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 8 Te Kaha 110 (Formerly Te Kaha 20B) and Te Kaha B6W & B6W1B 2016 Chief Judge’s MB 866 [12] Hubert deceased on 11 September 1977 leaving a Will and issue. The W...

  10. [2017] NZEmpC 26 Tulloch v Hays Specialist Recruitment Australia Pty Ltd [pdf, 96 KB]

    ...was presented in the course of the provision of mediation services; or … [25] Turning to case law which has considered the section, Chief Judge Colgan summarised the principles to be distilled from the Employment Court and Court of Appeal decisions of Jesudhass, 5 and the later decision of Te Ao v Chief Executive of the Department of Labour, 6 in the case of Rose v Order of St John, as follows 7 The principles distilled from these cases are as follows. All communi...