Search Results

1. Mullane v Attorney-General [2017] NZHRRT 40 [pdf, 417 KB]

   ...correctness of the findings and conclusions reached therein. [12] In relation to the findings made by the Privacy Commissioner at first instance, the same point must be made. The hearing before the Tribunal proceeds as a de novo hearing, not as an appeal. The fundamental principle is that the Tribunal must decide the case on the evidence and submissions received during the course of the hearing. In this case as in all others under the Privacy Act, the Tribunal inevitably receives more...

2. LCRO 33/2016 GW v AX (27 June 2018) [pdf, 292 KB]

   ...scope of review [22] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … 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...

3. LCRO 148/2020 PV v GY (31 May 2021) [pdf, 269 KB]

   ...charge. A not guilty plea was entered and the matter was remanded for a case review hearing on [date] 2019. [15] On [date] 2019, Mr RS was sentenced to home detention following conviction on his driving charges. Ms PV was instructed to file an appeal. An appeal was lodged on 5 August 2019. [16] In proceeding its investigation of the assault charge, the Police made application to the District Court for an order requiring production of Ms CB’s medical records pertaining to her...

4. Mercury NZ Ltd v Cairns - Pouakani River Bed (2022) 277 Waiariki MB 174 (277 WAR 174) [pdf, 417 KB]

   ...the Pouakani Blocks on the basis that it remained land held by the hapū of Pouakani under their customs and usages. Some 21 years later Pouakani find themselves back in the Māori Land Court after various proceedings in the High Court, Court of Appeal and the Supreme Court. [6] The Supreme Court issued decisions in 2012 and 2014, being Paki v Attorney- General (No.1),2 and Paki v Attorney-General (No.2).3 A summary of the issues before the Court in those proceedings is set out in...

5. [2023] NZEnvC 255 Abrahamson v Canterbury Regional Council [pdf, 290 KB]

   ...referred to as an FEP. [48] The proposed LWRP was notified shortly after the Environment Court 10 The joint memo regarding chronology dated 8 September 2023 states Original Water Use Permit CRC061972 was granted by CRC on 28 May 2010, although appeals to that decision were not resolved until 2012. 11 Pizey at [41]. 16 issued a consent order finalising conditions of the water use permit in 2012. CPW submitted on the proposed LWRP and a later variation (Variation 1). The nu...

6. 2024] NZEmpC 195 Smalley v Hamilton Hindin Greene Ltd [pdf, 297 KB]

   ...the senior courts involving Mr Smalley and the ongoing shareholders of HHG. He said Mr Smalley had an appetite for litigation “at any cost”. Mr Mackenzie said there had initially been proceedings in the High Court,4 and then in the Court of Appeal.5 At the time of Mr Mackenzie’s memorandum, Mr Smalley had sought leave to appeal to the Supreme Court.6 [15] Mr Mackenzie cited a passage from one of the High Court judgments which stated it was clear Mr Smalley harboured deep...

7. EMPC Consolidated practice directions [pdf, 135 KB]

   ...1. Provision of copies of authorities (a) Parties are not required in the course of argument to provide photocopies of the authorities on which they rely if they consist of previous decisions of the Employment Court, and of the Court of Appeal and the Supreme Court on appeal from this Court. (b) Where a party provides photocopies of the authorities (or textbook extracts and academic articles) relied on: (i) a list of those authorities and photocopies of relevant extract...

8. [2013] NZEmpC 205 Belsham v Ports of Auckland Ltd [pdf, 60 KB]

   ...acrimonious industrial climate prevailing at the Port at the time of the dismissal. It is submitted that experienced counsel needed to be involved but that, where appropriate, work was carried out at a more junior level. [6] On the basis of Court of Appeal authority 2 it is submitted that costs should follow the event. It is further submitted that costs should equate to two thirds of the actual and reasonable costs incurred. Insofar as Mr Belsham’s personal circumstances ar...

9. National Standards Committee v Matheson [2015] NZLCDT 4 [pdf, 74 KB]

   ...assaults female pursuant to s 194(b) of the Crimes Act 1961. 4. On 26 July 2013, the practitioner was convicted of that charge and sentenced. 5. On 3 June 2014, after a hearing on 4 April 2014, the High Court dismissed the practitioner’s appeal against conviction in relation to the charge. 3 [4] Ms Paterson for the Standards Committee reminded us of the purposes of disciplinary proceedings which are primarily for public protection, the maintenance of professional...

10. [2018] NZLCDT 19 Auckland Standards Committee 2 v Name Suppressed [pdf, 92 KB]

    ...whether intentionally or not, she has effectively obstructed the inquiry into the complaint. This was referred to as the absence of a mitigating feature and contrasted with the situation in Hong, where the practitioner had, by the time of the appeal, complied with all of the outstanding Standards Committee orders. Submissions for the Practitioner [7] Mr Pidgeon noted that the practitioner has filed an appeal against the liability decision. Mr Pidgeon’s submissions were therefo...