Search Results

Search results for appeal.

14617 items matching your search terms

  1. [2024] NZEmpC 133 Gumbeze v The Chief Executive of Oranga Tamariki – Ministry for Children [pdf, 422 KB]

    ...160, [2011] ERNZ 466. 10 Employment Relations Act 2000, s 103A(4). 11 Citing Airline Stewards and Hostesses of New Zealand IUOW v Air New Zealand Ltd [1990] 3 NZLR 549 (CA) at 556. v BP Oil New Zealand Ltd.12 In that case, the Court of Appeal held it is not possible to define what justifies summary dismissal because it is always a matter of degree.13 The Court went on to hold that usually what is needed is conduct that deeply impairs or is destructive of the basic confid...

  2. LCRO 155/2023 DU v KQ (8 April 2025) [pdf, 358 KB]

    ...scope of review [52] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … 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...

  3. [2024] NZEnvC 284 Director-General of Conservation v Northland Regional Council [pdf, 16 MB]

    ...Director-General of Conservation v Northland Regional Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision [2024] NZEnvC 284 IN THE MATTER OF the Resource Management Act 1991 AND IN THE MATTER OF an appeal against a decision granting resource consent application for taking groundwater from various aquifer sub- units of the Aupōuri Aquifer, Northland BETWEEN DIRECTOR-GENERAL OF CONSERVATION (ENV-2021-AKL-129) Appellant...

  4. LCRO 51/2021 KS and BG v WJ (30 September 2024) [pdf, 410 KB]

    ...scope of review [52] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … 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 tha...

  5. ENVC Hearing 6Oct14 DM legal submissions [pdf, 211 KB]

    ...superior authority to the effect that s 104D must come first in the sequence. 4.2 In Arrigato Investments Ltd v Auckland Regional Council31, after reciting the alternative requirements of (then) s 105(2A), which it described as gateways, the Court of Appeal observed: Unless an application for a non-complying activity can pass through one or other of the two gateways, it will fail at the outset. If it does pass through either gateway, the consent authority must then have regard to...

  6. Savage v Adlam – Lot 39A Sec 2A Parish of Matatā (2014) 95 Waiariki MB 176 (95 WAR 176) [pdf, 561 KB]

    ...authorised by the joint venture. 95 Waiariki MB 193 [57] In Chirnside v Fay, Tipping J stated that the onus is “on the errant fiduciary to satisfy the Court that an allowance should be made”. 20 This approach was also taken by the Court of Appeal in Crampton-Smith v Crampton-Smith [2011] NZCA 308. On the issue of an allowance, the Court stated: 21 Here, the value of the improvements to the land effected by the construction of the townhouses accrues to the benef...

  7. Tidmarsh v Glover [pdf, 271 KB]

    CLAIM NO: 01086 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER OF an adjudication BETWEEN RUSSELL WILLIAM TIDMARSH and JOY ISABELLE TIDMARSH Claimants AND JOHN GLOVER First respondent (Intituling continued next page) Hearing: 5 December 2005 Appearances: Russell Tidmarsh and Christopher Twigley for the Claimants John Glover, the First Respondent in person Jeremy Atkinson for the Second Respondent Raymon

  8. [2020] NZEmpC 175 O’Boyle v McCue [pdf, 612 KB]

    LYNETTE SALLY O’BOYLE v JANIS MARY MCCUE [2020] NZEmpC 175 [29 October 2020] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2020] NZEmpC 175 EMPC 464/2019 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN LYNETTE SALLY O’BOYLE First Plaintiff AND O’BOYLE LAW LIMITED Second Plaintiff AND JANIS MARY MCCUE Defendan

  9. 2019 Directory of Official Information A-C [pdf, 1.3 MB]

    ...Authorities • Physical Sciences • Medical Testing • Metrology and Calibration • Radiology Services. Chairpersons of each PAC are members of the Accreditation Advisory Committee (AAC). The AAC and/or the Council may adjudicate any appeals arising from IANZ accreditations. Records Records are maintained on client registrations, assessments, reports and correspondences. A directory of IANZ accreditations is maintained and made available for public viewing on www.ianz.go...

  10. Statistical bulletin: An overview of conviction and sentencing statistics in New Zealand 1999 to 2008 [pdf, 759 KB]

    ...1 The data used in this report was extracted from the Justice Data Warehouse on 25 May 2009. 2 www.stats.govt.nz/products-and-services/table-builder 3 This diagram does not include appeal or review processes. 3 . Prosecution outcomes This section reports on the outcomes of all charges prosecuted within the New Zealand criminal court system in 2008, and during the 1999 to 2008 period. Main finding