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1. Floyd v The Proprietors of Hauhungaroa 2C Block Incorporation Committee of Management - Hauhungaroa 2C Incorporation (2014) 325 Aotea MB 42 (325 AOT 42) [pdf, 229 KB]

   ...of committee members was being considered: 10 [7] In our view unsatisfactory performance must be measured against the principles in the Act. They are contained in the preamble and section 2. [8] The key principles for the purposes of this appeal are that the Court should encourage: (a) retention of Māori land, in the hands of its owners; (b) the utilisation and development of that land; and (c) control of that land by the owners, through their representatives. [9] Whet...

2. [2015] NZEmpC 214 Goel v Director-General for Primary Industries [pdf, 135 KB]

   ...the private sector dealing with a number of large organisations. However, he became "disillusioned" working in the private sector and his goal was to become a public servant because, as he explained it to the Court, public sector jobs appealed to him on an ethical level. [8] In 2010 Mr Goel graduated from Massey University in Wellington in Business Studies with grades for which he was listed in the Dean's list of top performing students. He worked as a part-time...

3. [2016] NZEmpC 36 Western Bay of Plenty DHB v McInnes [pdf, 155 KB]

   ...Employment Relations Act 2000 (the Act). 2 In essence the object of the Act is to build productive employment relationships through the promotion of good faith. 3 [7] The approach to interim injunctions has recently been stated by the Court of Appeal in NZ Tax Refunds v Brooks Homes Ltd. 4 It can be summarised as follows. An applicant must establish that there is a serious question to be tried. Consideration must be given to the balance of convenience, and the impact on the p...

4. ENVC Hearing 6Oct14 DM expert Dennis Scott [pdf, 364 KB]

   ...- Operative Waiheke County Council District Scheme, 1991. 15. In 2004, I was also prepared and produced landscape evidence and attended the Environment Court hearing on behalf of Auckland City Council on the “Waitemata Infrastructure Ltd” appeal in relation to the then proposed Matiatia Village development. 16. Since that time I have also produced several design concepts for Matiatia Village, including two concepts, in 2006, for an Auckland City Council commissioned urban d...

5. REAA CAC 10017 v Miller [2013] NZREADT 31 [pdf, 201 KB]

   ...CAC 10063 v Jenner Real Estate Ltd [2012] NZREADT 68 where we followed our earlier decision in Cooke v CAC 10031 [2011] NZREADT 27, and noted with approval the following definition of misconduct, set out in a decision of the New South Wales Court of Appeal, Pillai and Messiter (No 2) (1989) 16 NSWLR 197: “Professional misconduct does not arise where there is mere professional incompetence nor deficiencies in the practice of the profession by a practitioner. More is required. Such mis...

6. [2014] NZEmpC 209 McLennan v New Zealand Post Ltd [pdf, 161 KB]

   ...determining whether these actions are sufficiently capable or blameworthy to reduce any award that might otherwise be made; 31 and determining whether these actions are “blameworthy” as a broad inquiry. (d) The majority of the Court of Appeal in Salt v Fell held that s 124 operates as a “contributory negligence” provision. 32 (e) Examples were given of blameworthy conduct that had required the reduction of remedies, including for breach of traffic regulations 33 a...

7. NH v Singh LCRO 53/2013, 91/2013 and 115/2013 (27 August 2014) [pdf, 95 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 [21] Mr Singh attended a review hearing on 24 June 2014,...

8. Ringwood v Auckland Council [2011] NZWHT Auckland 44 [pdf, 170 KB]

   ...and care. The position remains however that under the Building Act, the breach of this duty by act or omission must occur within 10 years of proceedings being brought. [71] All three counsel referred to the decision of the Court of Appeal in Johnson v Watson.7 Again, this case concerned the tortious liability of a builder rather than a developer. In Johnson v Watson Tipping J stated that an act or omission occurs on a particular day and that the starting point of the s...

9. MLC 2017 August Outstanding OCR Applications [pdf, 345 KB]

   ...made at 103 Wairoa MB 244-245 on 11 July 2001 - Application to the Chief Judge A20170004176 58/93 Wero Karena Omahu 4C Section 6 - and an order for confirmation of alienation made at 56 Takitimu MB 233-237 (8 February 2017) - Notice of Appeal and Leave to Appeal Out of Time (Respondents Douglas Whitfield and Mark Alexander) A20170004320 45/93 Toni Ngahiriwa Welsh, John Ernest Welsh Talbot Venus Talbot (nee Welsh) or Venus Tawera Werehi or Whetumarama Welsh - and a...

10. Apostolakis v Rennie (Strike-Out Application) 2017 NZHRRT 42 [pdf, 286 KB]

    ...and 105 of the Human Rights Act. Section 105 requires the Tribunal “to act according to the substantial merits of the case, without regard to technicalities”. That section applies, with necessary modifications, to decisions of this Court on appeal against a decision of the Tribunal: s123(5). [46] The Tribunal has an express power to dismiss proceedings, if satisfied that they are frivolous, vexatious or not brought in good faith: s115. As Mr Laurenson points out, the Tribunal del...