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1. LCRO 113/2020 SM v YL (7 May 2021) [pdf, 141 KB]

   ...scope of review [32] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:7 … 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. Duncan v Osborn - Koukourarata Maori Reserve 874 1C2 (2022) 78 Te Waipounamu MB 267 (78 TWP 267) [pdf, 325 KB]

   ...must fulfil the legal elements relating to the action of trespass, the Court then has a discretion as to whether to grant the injunction. 8 Taueki v Horowhenua Sailing Club - Horowhenua 11 (Lake) Block [2014] Māori Appellate Court MB 60 (2014 APPEAL 60), at [15]-[17]. 78 Te Waipounamu MB 273 [21] Donaldson v Hemi summarised the principles regarding permanent injunctions: 9 (a) A permanent injunction may be granted pursuant to s 19(1)(a) of the Act where a trespass...

3. [2024] NZEmpC 175 Harte v Midwifery Employer Representation and Advisory Service Inc [pdf, 211 KB]

   ...demarcation questions between the issues to be addressed at the first trial and those left for the second? (b) Will the separate question bring the proceedings to an end? (c) What potential time saving does the separate question offer? (d) How will appeals be dealt with? (e) Are there any other practical considerations tending one way or the other? [18] As I will indicate shortly, I was addressed on these criteria. I agree that they are useful. 9 At [7]. 10 Haden v Attor...

4. AD v Secretary for Justice 2 April 2012 NZRA 000006 [pdf, 92 KB]

   ...Secretary for Justice dated 7 February 2012. [2] In that decision the Secretary gave approval for the applicant to be a lead provider for legal aid services under the Legal Services Act 2011 for Criminal PC 1, 2, and 3, Mental Health and Court of Appeal/Supreme Court. In addition the applicant received approval for Specified Legal Services for PDLA and Duty Solicitor. [3] The Secretary declined approval as a lead provider in Criminal Proceedings Category 4. [4] In doing so, t...

5. Scarborough v Kelly Services NZ Ltd (Costs) [2016] NZHRRT 3 [pdf, 48 KB]

   ...unsuccessful proceedings brought by her in the Employment Court against a previous employer (Micron Security Products Ltd) she has been ordered to pay two sets of costs of approximately $19,000.00 and $5,500.00 respectively. Those orders have been appealed by her to the Court of Appeal. [6.5] She supports a 20 year old daughter who attends University and Ms Scarborough also pays $74 per week in child support for her son. Discussion [7] The Tribunal’s discretion to award costs is a...

6. Taueki v Horowhenua District Council - Horowhenua (11) Lake (2013) 298 Aotea MB 263 (298 AOT 263) [pdf, 187 KB]

   ...plain that the owners of the land, being the trustees of the Lake Horowhenua Trust, are now the owners of the buildings that have been erected on the land and that no one has any current right of occupation. That decision has not been subject to appeal. The appeal period expired on 18 February 2013. This means that those persons occupying the buildings need to vacate, and in accordance with best practice, this should occur following the issue by the Domain Board of an appropriate...

7. Tan v MSD (Referral back to Human Rights Commission) [2015] NZHRRT 56 [pdf, 50 KB]

   ...satisfied it will not be contrary to the public interest for such mediation to take place. There is a clear interest in Mr Tan and the MSD seeking to resolve their differences informally before engaging the Tribunal’s processes. Because Mr Tan has appealed to the Social Security Appeal Authority we see no circumstances of urgency. 4 ORDERS [17] For the reasons given the following orders are made: [17.1] The Chief Executive of the Ministry of Social Development is to be t...

8. BORA Local Government Act 2002 Amendment Bill (No 2) [pdf, 222 KB]

   ...created or received by the LGC in the course of: a. an investigation under s 31 of the Act on matters relating to a local authority or local government b. a dispute referred to the LGC for resolution under new s 31H, and c. the determination of an appeal or objection under s 19R of the Local Electoral Act 2001 (which relate to local authority representation). 7. New s 35A provides this information is not official information for the purposes of the OIA until the investigation, dispu...

9. 12 September 2016 Bluehaven Management Limited v Western Bay of Plenty District Council [pdf, 210 KB]

   ...ENV-2016-339-000005 Bluehaven Management Limited v Western Bay of Plenty District Council Rotorua District Council v Western Bay of Plenty District Council Applicant: Quayside Properties Limited Applicant: Quayside Properties Limited Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of...

10. Taueki v Horowhenua District Council (2013) 298 Aotea MB 263 (298 AOT 263) [pdf, 190 KB]

    ...plain that the owners of the land, being the trustees of the Lake Horowhenua Trust, are now the owners of the buildings that have been erected on the land and that no one has any current right of occupation. That decision has not been subject to appeal. The appeal period expired on 18 February 2013. This means that those persons occupying the buildings need to vacate, and in accordance with best practice, this should occur following the issue by the Domain Board of an appropriate...