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1. LCRO 71/2019 QX v GM and NY (16 June 2021) [pdf, 120 KB]

   ...scope of review [12] 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 that...

2. WHT Annual Report 2025 [pdf, 316 KB]

   ...The Tribunal though, has limited powers to award costs.3 The claims brought before the Tribunal range in value and remediation costs. Over the course of the Tribunal, many claims have been, and even now are, in the many millions of dollars. Appeals A party to a claim determined by the Tribunal may appeal on a question of law or fact arising out of the decision. Presently, there are no appeals from a Tribunal determination. There are, however, two appeals, from costs award...

3. [2016] NZEmpC 177 Go Bus Transport Ltd v Hellyer [pdf, 421 KB]

   ...discriminatory in terms of s 104 of the Act. In Nathan it was stated that, We also consider that in terms of s 103A a fair and reasonable employer could not justify dismissal if the decision made was discriminatory in terms of s 104. [69] The Court of Appeal in Nathan referred to the provisions proscribing discrimination for involvement in union activities in the Act reflecting the underlying policy of the legislation that participation in such activities should not be held again...

4. [2017] NZEnvC 169 Ngai Te Hapu Incorporated v Bay of Plenty Regional Council [pdf, 11 MB]

   BEFORE THE ENVIRONMENT COURT TE Koon TAIAO 0 AOTEAROA Court: Hearing: Appearances: Decision No. [2017] NZEnvC i.6 "1 IN THE MATTER of the Resource Management Act 1991 AND appeals pursuant to s 120 of the Act BETWEEN NGAI TE HAPO INCORPORATED (ENV-2016-AKL-000042) NGA POTIKI A TAMAPAHORE TRUST (ENV-2016-AKL-000045) Appellants AND BAY OF PLENTY REGIONAL COUNCIL Respondent AND ASTROLABE COMMUNITY TRUST Applicant Environment Judge JA Smith Alternate Environme...

5. Canterbury Earthquakes Insurance Tribunal Act 2019 [pdf, 521 KB]

   ...mediations 18 33 Confidentiality 18 34 Settlements to be provided to chief executive and tribunal 19 35 Enforcement of mediated settlements 20 36 Mediation services not to be questioned as being inappropriate 20 Subpart 2—Adjudication, enforcement, and appeals 37 Managing adjudication of claims and natural justice 20 38 Case management conference to prepare for hearing 21 39 Powers of tribunal 21 40 Tribunal’s powers to seek and receive evidence, investigate, and make inquiries 22 41 Exp...

6. [2022] NZEnvC 240 Cornelius v Western Bay of Plenty District Council [pdf, 799 KB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 240 IN THE MATTER OF an appeal under section 120 the Resource Management Act 1991 BETWEEN S CORNELIUS B LEVERS (ENV-2022-AKL-000117) Appellants AND WESTERN BAY OF PLENTY DISTRICT COUNCIL Respondent AND NGĀTI HANGARAU TAURANGA CITY COUNCIL Applicants Court: Chief Environment Judge D A Kirkpatrick sitting alone under s 279 of the Act Date of Order: 24 N...

7. [2013] NZEmpC 125 Flight Attendants & Related Services (NZ) Assoc v Air New Zealand Ltd [pdf, 139 KB]

   ...was the Authority that the various questions of law have already been determined authoritatively. Authoritative determination of questions of law in this field begins with the Supreme Court, albeit rarely, but extends down through the Court of Appeal to the Employment Court with increasing frequency although decreasing authoritativeness. Such restructurings and their strategies are relatively rare and have generated even less litigation, certainly which has been examined and ruled...

8. Weber v CAC 20002 & Penrose & Brown's Real Estate [2013] NZREADT 75 [pdf, 62 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2013] NZREADT 75 READT 012/12 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN PAUL WEBER Appellant AND REAL ESTATE AGENTS AUTHORITY (CAC 20002) First respondent AND DAVID PENROSE Second respondent AND BROWN’S REAL ESTATE Third respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member Mr J Gaukrodger - Member HE...

9. Grindle v CAC 20005 & Davis [2014] NZREADT 84 [pdf, 60 KB]

   ...October 2014 APPEARANCES Mr W McKean, counsel for appellant Mr R M A McCoubrey, counsel for the Authority No appearance or participation by complainant Ms J Davis DECISION OF THE TRIBUNAL Introduction [1] Tony Grindle (“the licensee”) appeals against the decision of Complaints Assessment Committee 20005 finding that he engaged in unsatisfactory conduct with regard to a complaint made by Jennifer Davis (“the complainant”). The licensee also appeals against the penalty...

10. Barfoot & Thompson Ltd v CAC302 & Ors [2016] NZREADT 22 [pdf, 176 KB]

    BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2016] NZREADT 22 READT 049/15 IN THE MATTER OF an appeal under s 111 of the Real Estate Agents Act 2008 BETWEEN BARFOOT & THOMPSON LTD Appellant AND REAL ESTATE AGENTS AUTHORITY (CAC 302) First respondent AND JANICE GILES and LINDSAY GILES Second respondents MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr N Dangen - Member Ms C Sandelin - Member HEARD at AUCKLAND on 10 Dece...