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...[52] General principles of contract law are applicable in the employment context. This is clear from s 162 of the Act, which allows the Court to apply any rule of law relating to contracts. The principle was also stated recently by the Court of Appeal: 6 This date was referred to in Mr Greening’s submission, but not Mr Saipe’s affidavit. 7 Underhill v Coca-Cola Amatil (NZ) Ltd [2017] NZEmpC 117 (footnotes omitted). Co...
...March and April 2019 by independent commissioners appointed by the Territorial Authorities, who issued recommendations that were accepted, in part, by the Transport Agency. 19. The Transport Agency's decision is currently the subject of two appeals to this Court, by: (a) the Director-General of Conservation ("DOC") (ENV-2019-WLG- 000069); and (b) Queen Elizabeth the Second National Trust ("QEII Trust") (ENV-2019- WLG-000070). 20. All issues as between th...
...decide whether those on the title hold the land personally or on trust. 1 Tau v Ngā Whānau o Morven and Glenavy – Waihou 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 2 Ibid, at [168]. 197 Taitokerau MB 174 Is there evidence contemporaneous with the issue of the title orders which show that this land is held on trust? [5] A certificate of title to the Koutu block first issued on 26 Ju...
...pay a fine of $2,500. The fine is to be paid to the Authority within 20 working days of the date of this decision. [37] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. _________________ Hon P J Andrews Chairperson _________________ Mr G Denley Member __________________ Ms C...
...WN had concerns as to the credibility of the fresh evidence provided by Mrs CT and suggested to Mrs CT that if she advised the Court that she had been confused as to what was required, then the critical statements could be put before the Court on appeal. Mrs CT refused. Instead, she suggested that it was Mr WN who had failed to put the critical statements before the Court, impliedly asserting Mr WN had been negligent. Mr WN declined. He also declined to continue acting for Mrs C...
...fisheries quota. That is a matter to be determined by the Treaty of Waitangi Fisheries Commission. ... It would be more helpful if customary issues were referred to the Maori Land Court in the first instance and to the Maori Appellate Court only on appeal. The Tribunal also considers that, as with references under section 30, the court should sit with additional members with expertise in Maori custom when hearing customary issues. This requires statutory change. ... The question of c...
...pm on Tuesday 4 February 2020. 15 See for example s 85 of the Residential Tenancies Act 1986 and s 18 of the Disputes Tribunal Act 1988. As well, a specific power to extend the time for lodging an appeal to the Real Estate Agents Disciplinary Tribunal is contained in ss 111(1) and 111(1A) of the Real Estate Agents Act 2008. 16 Section 2(1)(b)(viii) of the Privacy Act 1993. http://www.legislation.govt.nz/act/public/1988/0110/latest/link.a...
...following manner:21 19 UY v FB LCRO 191/2019 (26 November 2020). 20 Conducted by audio-visual means on 4 February 2022. 21 Deliu v Connell [2016] NZHC 361, [2016] NZAR 475 at [2]. 8 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It inv...
...other cases. 10 Orders [35] Ms O’Boyle is suspended from practice for a period of six weeks. The period of suspension will commence on Saturday 18 December 2021 and conclude on Saturday 29 January 2022. If Ms O’Boyle’s appeal about these disciplinary matters is unlikely to be heard before this period, she may apply on seven days’ notice to vary the dates. [36] Ms O’Boyle must pay each of the two complainants the sum of $3,000 (total of $6,000) by 31 M...
Minister of Conservation v Northland Regional Council (Topic 5 – Water Quality) IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2021] NZEnvC 170 IN THE MATTER OF an appeal under Clause 14 of Schedule 1 of the Resource Management Act 1991 (the Act) and Topic 5 (Water Quality) of the Proposed Northland Regional Plan BETWEEN MINISTER OF CONSERVATION (ENV-2019-AKL-122) AND ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW Z...