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1. [2023] NZEmpC 224 Medina Trading Ltd T/A Hotel Debrett v Hunter [pdf, 270 KB]

   ...approach. In Cliff v Air New Zealand Ltd, Judge Colgan held:6 [7] The election that challengers must make under s 179(3) refers not so much to the nature of the presentation of the case in Court but, rather, to the extent to which the decision under appeal is challenged. An election by the challenger “seeking a full hearing of the entire matter (… a hearing de novo)” indicates that all matters that were before the Authority will be at issue on the challenge. What has become k...

2. [2023] NZEmpC 164 F & B Remuera Ltd v A Labour Inspector [pdf, 269 KB]

   ...PRNZ 747 (CA) at [15]–[16]. 10 High Court Rules 2016, r 5.45(2). [26] The Labour Inspector also submitted that the plaintiff has increased costs by taking an unnecessarily complex approach to this challenge. As noted by the Court of Appeal in McLachlan v MEL Network Ltd, defendants “must be protected against being drawn into unjustified litigation, particularly where it is over-complicated and unnecessarily protracted.”11 However, in light of the Labour Inspector...

3. LCRO 36/2023 TL v RY and SK (4 July 2024) [pdf, 180 KB]

   ...scope of review [28] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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...

4. Heagney v Accident Compensation Corporation (Weekly Compensation) [2025] NZACC 120 (28 July 2025) [pdf, 185 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2025] NZACC 120 ACAR 256/24 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN BRYCE HEAGNEY Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 22 July 2025 Held at: Wellington by AVL Appearances: The Appellant is self-represented J Maslin-Caradus for the Accident Compensation Corpo...

5. [2022] NZEnvC 084 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 570 KB]

   QTN PDP – TOPIC 18 UCESI v QLDC – INTERIM DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 84 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14 of the First Schedule of the Act BETWEEN UPPER CLUTHA ENVIRONMENTAL SOCIETY INCORPORATED AND OTHERS (ENV-2018-CHC-56) (and all the appellants allocated to Topic 18) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent...

6. [2017] NZEnvC 165 Yaldhurst Quarries Joint Action Group v Christchurch City Council [pdf, 5.2 MB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND AND Decision No. [2017] NZEnvC 165 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act YALDHURST QUARRIES JOINT ACTION GROUP (ENV-2016-CHC-049) Appellant CHRISTCHURCH CITY COUNCIL Respondent HAREWOOD GRAVELS LIMITED Applicant Court: Environment Judge J E Borthwick Environment Commissioner R M Dunlop Environment Commissioner J A Hodges Hearing: at Christchurch on 22 to 24 Ma...

7. OIA-110232.pdf [pdf, 8.2 MB]

   ...establish a minimum delegation authority, but not restrict Police's ability to more tightly manage applications as required. Review and appeal rights will also need to be established 46. Currently, decisions by the courts regard ing FPOs can be appealed as part of an appeal against a sentence. A new process for individuals to challenge decisions regard ing FPOs will be needed if decision-making is transferred to the Commissioner. 47. We recommend the existing provisions regard in...

8. [2009] NZEmpC WC 23/09 Sandilands v CE of the Department of Corrections [pdf, 32 KB]

   ...for the delay. c) Any prejudice to the respondent. d) The surrounding circumstances. e) The merits of the proposed challenge. [10] I also have regard to the general principle summarised by Richmond J in Avery v No 2 Public Service Appeal Board [1973] 2 NZLR 86 at 91: When once an appellant allows the time for appealing to go by then his position suffers a radical change. Whereas previously he was in a position to appeal as of right, he now becomes an applicant for a...

9. Shaw v CAC 10062 & Pemberton [2012] NZREADT 48 [pdf, 41 KB]

   Decision No: [2012] NZREADT 48 Reference No: READT 090/11 IN THE MATTER OF an appeal under s111 of the Real Estate Agents Act 2008 BETWEEN GEORGE BERNARD SHAW Appellant AND REAL ESTATE AGENTS AUTHORITY (CAC 10062) First Respondent AND LANCE PEMBERTON Second Respondent BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL Ms K Davenport - Chairperson Ms J Robson - Member Mr G Denley - Member APPEARANCES The appellant in...

10. [2017] NZEmpC 1 Lyttelton Port Co v The Rail and Maritime Transport Union Inc (No.2) [pdf, 101 KB]

    ...LPC, in summary, submitted that MUNZ was effectively seeking a change to the orders made by the Court in its substantive judgment, which would defeat the intent of that judgment. He said that if MUNZ held such concerns, it should amount to an appeal to the Court of Appeal. [13] Mr Towner also relied on extensive affidavit evidence which had been filed for LPC, raising logistical concerns. These included: (a) Practical difficulties in advising a MUNZ representative of any amendm...