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1. New Zealand Law Society v Gilbert (Nelson s 356 Committee) [2012] NZLCDT 24 [pdf, 222 KB]

   ...saying that as a creature of statute it had no inherent jurisdiction allowing it to make such a determination. Mr Chow applied for a judicial review of that decision of the tribunal. When his application was dismissed by the High Court, Mr Chow appealed to the Court of Appeal. [73] Commentary by the Court of Appeal confirmed that the national tribunal was not correct in assuming it had no power to deal with the Application for Stay or dismissal. The Court of Appeal noted that the...

2. [2011] NZEmpC 149 NZPFFU ors v NZ Fire Service Commission [pdf, 158 KB]

   ...construction [12] The leading authority on contract interpretation is the decision of the Supreme Court in Vector Gas Ltd v Bay of Plenty Energy Ltd. 2 Although that decision related to the construction of a commercial contract, the Court of Appeal in Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc 3 made it clear that Vector had equal application to the interpretation of employment 2 [2010] NZSC 5,...

3. [2010] NZEmpC 62 NZ Meat Workers & Related Trades Union v AFFCO NZ Ltd [pdf, 63 KB]

   ...completely unfettered discretion or arbitrarily in abrogation of even the most basic entitlements of fairness, objectivity, and reasonableness. [14] The leading case on probationary arrangements under s 67 of the Act is the judgment of the Court of Appeal in Nelson Air Ltd v New Zealand Airline Pilots Association.4 At p669 the Court of Appeal said: Every probationer may be taken to realise that being on trial he or she will be under close and critical assessment and that permanen...

4. [2012] NZEmpC 219 Matsuoka v LSG Sky Chefs NZ [pdf, 150 KB]

   ...evidence that was led in the Employment Court previously in ARC 19/11 that when Mr Matsuoka attended LSG’s premises for the first time he was represented by an industrial advocate who was being paid by Pacific. Both counsel cited a recent Court of Appeal decision in Contractors Bonding Ltd v Waterhouse 11 which dealt with an independent litigation funder. The Court of Appeal required both the Court and the non-funded party to be given formal notice of that involvement with det...

5. The Māori Trustee v O'Rorke - Pukekohatu 7B (2014) 329 Aotea MB 79 (329 AOT 79) [pdf, 308 KB]

   ...wanted to ensure the obligation was emphasised by adding the word “must” to provide that the Māori Trustee must exercise their general powers consistently with the proposed occupation arrangement. The Law [29] In Naera v Fenwick the Court of Appeal examined the interplay between the general powers and specific powers of a trust contained in clauses 3(a) and 3(b) respectively, which are clauses common to a number of trust orders. 17 That Court considered the earlier decision...

6. [2016] NZEmpC 13 Adams t/a Untouchable Hair & Skin v Brown [pdf, 171 KB]

   ...given the discretionary nature of the assessment. 6 [8] Relevant in the present case is the question of how a costs assessment is to be undertaken where both parties have a measure of success. In Health Waikato Limited v Elmsly, the Court of Appeal stated: 7 [39] It is not usual in New Zealand for costs to be assessed on an issue by issue basis, albeit that it is common enough, where both parties had a measure of success at trial, for no order as to costs to be made. The rel...

7. Gunning v CAC306 & Ors [2016] NZREADT 23 [pdf, 229 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2016] NZREADT 23 READT 033/15 IN THE MATTER OF an appeal under s 111 of the Real Estate Agents Act 2008 BETWEEN MARK F GUNNING of Palmerston North, Real Estate Agent Appellant AND REAL ESTATE AGENTS AUTHORITY (CAC 306) First respondent AND SUZANNE BARNABY, DEBBIE WHITE, and IAN JENSEN, Complainants Second respondents MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr J Gaukrodg...

8. Van Workum & Ors as Trustees of the Van Workum Family Trust v Auckland City Council [2010] NZWHT Auckland 20 [pdf, 210 KB]

   ...deceiving such a person than similar conduct directed towards a consumer. [Accordingly] there must be an assessment of the circumstances in which the conduct occurred and the person likely to be affected by it. [34] In AMP v Heaven10 the Court of Appeal enunciated a three- stage test to be applied in determining whether there has been a breach of section 9. This three-stage test involves asking the following questions: (a) Was the conduct capable of being misleading; (b...

9. EA v NR LCRO 130/2015 (31 October 2016) [pdf, 174 KB]

   ...Scope of Review [33] 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...

10. BORA Criminal Proceeds and Instruments Bill [pdf, 350 KB]

    ...example, do these apply to economic or other non-liberty affecting penalties such as forfeiture of property? 9. This matter has not been the subject of detailed judicial consideration in New Zealand, although in Lyall v Solicitor-General[2] the Court of Appeal appears to have proceeded on the assumption that s 9 was applicable to a determination of whether tainted property should be forfeited to the Crown under the Proceeds of Crime Act 1991. 10. In the United States it has been held th...