Search Results

1. [2018] NZEnvC 250 Granger & Ors v Dunedin City Council [pdf, 13 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND AND Decision No. [20181 NZEnvC 250 of the Resource Management Act 1991· of an appeal pursuant to s 120 of the Act GRAEME GRANGER, CRAIG WERNER, HAMISH FORRESTER, KATRINA BERKENBUSCH, MEGAN BARDELL, TOM MYERS (ENV-2017 -CHC-038) Appellants DUNEDIN CITY COUNCIL Respondent PENINSULA HOLDINGS TRUST Applicant Court: Environment Judge J E Borthwick Environment Commission...

2. [2010] NZEmpC 23 Metallic Sweeping (1998) Ltd v Whitehead [pdf, 46 KB]

   ...found that neither the Tribunal in Ioane nor the Court in Walker was functus officio. (k) The decision of the Court in Labour Inspector (Horn) v Greenlea Premier Meats Ltd6 was distinguished on the basis that in that situation there had been an appeal to the Court of Appeal from a decision of the Court where costs had been left outstanding without any attempt at resolution and without an application to extend time. Judge Shaw held in that case that once the Court of Appeal issued...

3. [2015] NZEmpC 38 Davis v Commissioner of Police [pdf, 109 KB]

   ...is a former member of the Employment Tribunal. Mr Davis appeared in person before me in relation to the rehearing application. He explained that the reason he applied for a rehearing instead of bringing review proceedings or seeking leave to appeal to the Court of Appeal, was because he had received legal advice to the effect that the judgment of Judge Perkins was "un-appealable". [4] It was clear that Mr Davis had expended considerable time and effort in preparation f...

4. [2013] NZEmpC 15 Vulcan-Steel Ltd v Wonnnocott [pdf, 125 KB]

   ...these circumstances, the employer had to be aware of the expiration of the limitation period and for its consent to be so informed. [22] The leading and most authoritative judgment is that in Commissioner of Police v Hawkins. 4 The Court of Appeal in Hawkins confirmed the Employment Court’s approach to whether what occurred constitutes consent, must be a matter of 2 [1994] ERNZ 35. 3 [2002] 2 ERNZ 340. 4 [2009] 3 NZLR 38...

5. Fehling v Appleby (Recusal Application) [2014] NZHRRT 11 [pdf, 65 KB]

   ...as to the findings of the Tribunal. [8] As to the first point, the submissions for Mr Appleby dated 30 January 2014 stress that Mr Appleby is not trying to overturn the Privacy Act decision. It is expressly acknowledged that the decision was not appealed and that the doctrine of estoppel applies. Recusal – the law [9] The Tribunal has recently considered recusal applications in Deliu v New Zealand Law Society (Recusal Application) [2011] NZHRRT 22 (11 October 2011), Deliu v New Ze...

6. LCRO 178/2014 ZO v BV (15 June 2018) [pdf, 127 KB]

   ...acted for Mr WL. [3] Mr WL was facing criminal charges of assault. It was alleged that he had assaulted his adult son, Mr RL. Ms BV was Mr RL’s partner. [4] Mr WL applied for bail. His application was unsuccessful. He instructed Mr ZO to appeal the refusal to grant bail. 2 [5] Ms BV’s views were sought on Mr WL’s bail application. [6] Ms BV was interviewed by a victim advisor. Subsequent to that interview, the advisor prepared a report. The report was completed on...

7. [2017] NZEnvC 059 Save Erskine College Trust v Erskine Developments Limited [pdf, 462 KB]

   ...there has been implied repeal pro tanto [11] As submitted by the Respondents, the higher Courts have twice in recent decades provided guidance on this issue in the context of "planning" laws. The first was the decision of the Court of Appeal in Stewart v Grey County Council where it held that the Town and Country Planning Act 1953 was of general application, and the provisions of the Mining Act 1971 a special code applicable to mining, examination of which provisions produ...

8. [2022] NZACC 84 – Olliver v ACC (10 May 2022) [pdf, 200 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 84 ACR 98/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN J OLLIVER Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 22 April 2022 Held at: Auckland/Tāmaki Makaurau By AVL Appearances: B Hinchcliff for the appellant F Becroft for the respondent Judgme...

9. [2021] NZACC 17 - Sowerby v ACC (14 January 2021) [pdf, 195 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 17 ACR 169/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN S SOWERBY Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 23 September 2020 Heard at: Napier/Ahuriri Appearances: Ms Williams for the appellant Ms Churstain for the respondent Evidence completed:...

10. [2021] NZREADT 23 - Baker v Real Estate Agents Authority (18 May 2021) [pdf, 173 KB]

    BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2021] NZREADT 23 READT 020/2020 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN MICHELLE BAKER and RODNEY BAKER Appellants AND THE REAL ESTATE AGENTS AUTHORITY (CAC 1901) First Respondent AND HAMISH DRUMM, MARK COFFEY, AND SAFARI REAL ESTATE (t/a TOMMY’S REAL ESTATE) Second Respondents On the papers: Tribunal: Hon...