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1. [2024] NZREADT 20 CAC2108 v Leading Edge Properties Ltd (25 June 2024) [pdf, 237 KB]

   ...Ltd, above n 6. 11 DISCUSSION [52] Both counsel have referred to other penalty decisions, being Burnett, Optimize Realty, AJS Rental Realty and the recent decision of the Tribunal, City Realty.11 [53] In Burnett, the Tribunal considered an appeal against a fine of $2,000, ordered by a Complaints Assessment Committee against Mr Burnett’s company, following the Committee’s finding of unsatisfactory conduct. Mr Burnett’s company had failed to provide monthly reconciliati...

2. Dunn v Accident Compensation Corporation (Strike out) [2024] NZHRRT 41 [pdf, 238 KB]

   ...the time of his accident. 3 the inadequacies of a particular report, and ACC’s lack of transparency. On 13 October 2014 Mr Dunn applied to review ACC’s suspension decision and, in December 2014, the decision was upheld. Mr Dunn then appealed the review decision to the District Court. In May 2017 ACC agreed to overturn the suspension decision and Mr Dunn withdrew his District Court appeal. [9] Subsequently, on 12 January 2018, Mr Dunn and ACC agreed an individual reha...

3. [2016] NZEmpC 136 Xtreme Dining Ltd t/a Think Steel v Dewar [pdf, 391 KB]

   ...thereby raised. [16] Next, it is appropriate to refer to the relevant principles which apply to the hearing of a non de novo challenge since these differ from those relating to a de novo challenge: a) A non de novo hearing is in the nature of an appeal. The challenger or plaintiff is required to show that the Authority’s determination was wrong. 6 b) Thus, the challenger has an onus of persuading the Court of the existence of an error of fact and/or law by the Authority in...

4. Smith v Waitakere City Council [pdf, 220 KB]

   ...circumstances under which a Council owes common law obligations to a subsequent homeowner as a result of negligently carrying out an inspection of a dwelling during construction, i.e. the claim does not fall within the rationale of the Court of Appeal and Privy Council decisions of Invercargill City Council v Hamlin [1994] 3 NZLR 513 (CA) and Invercargill City Council v Hamlin [1996] 1 NZLR 513 (PC) (“the Hamlin decisions”) • The Council is under no duty to ensure absol...

5. Taueki v McMillan - Horowhenua 11 (Lake) (2014) 324 Aotea MB 144 (324 AOT 144) [pdf, 311 KB]

   ...completeness, I set out a summary of those applications below to provide an overview and context for consideration of the present case. The current application has inevitably had to await the determination of many of the overlapping proceedings including appeals. Arguably, in some respects, those proceedings have overtaken the present application. Even so, the significant delay in the issuing of this decision is regretted. 1 3...

6. Morris v Accident Compensation Corporation (Suspension of entitlements) [2024] NZACC 144 (2 September 2024) [pdf, 452 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 144 ACAR 163/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN J MORRIS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 7 March 2024 Heard at: Wellington / Te Whanganui-a-Tara Appearances: Ms M Bagnall for appellant Mr J Sumner for respondent Judgment: 2 September 2024 ______...

7. [2015] NZEmpC 198 Ritchies Transport Holdings Limited v Merennage [pdf, 297 KB]

   RITCHIES TRANSPORT HOLDINGS LIMITED v KEERITHI MERENNAGE NZEmpC AUCKLAND [2015] NZEmpC 198 [13 November 2015] IN THE EMPLOYMENT COURT AUCKLAND [2015] NZEmpC 198 EMPC 288/2014 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN RITCHIES TRANSPORT HOLDINGS LIMITED Plaintiff AND KEERITHI MERENNAGE Defendant EMPC 287/2014 IN THE MATTER OF a challenge to a determination of the

8. 2021-03-08 ORC - Opening Subs (Philip Maw) [pdf, 226 KB]

   ...desirability of preparing a regional plan when the implementation of a NPSFM arises, or is likely to arise. [99] It is also important to bear in mind that the Environment Court’s jurisdiction is functionally limited. It is confined by the scope of appeals, and in turn further limited by the scope of submissions and further submissions. I agree with Mr Maassen’s submission that the Environment Court does not sit in an executive plan-making and plan-changing role. That is the...

9. [2020] NZEnvC 213 Federated Farners of New Zealand Incorporated v Bay of Plenty Regional Council [pdf, 3.6 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND AND AND AND Decision No. [2020] NZEnvC '2 t 3 of the Resource Management Act 1991 three appeals under clause 14 of Schedule 1 to the Act FEDERATED FARMERS OF NEW ZEALAND INCORPORATED (ENV-2017-AKL-146) CNI IWI LAND MANAGEMENT LIMITED (ENV-2017-AKL-148) MAORI TRUSTEE (ENV-2017-AKL-149) Appellants BAY OF PLENTY REGIONAL COUNCIL Respondent ROTORUA DISTRICT COU...

10. 20231124-Justice-BIM_Redacted-FINAL.pdf [pdf, 1.4 MB]

    2 Contents Introduction .................................................................................................. 5 Your role and responsibilities ....................................................................... 6 Policy lead for the justice system ....................................................................................... 6 Constitutional law ..........................................................................................................