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1. Aldridge & Ors as Trustees of the SL & KM Aldridge Family Trust v Boe [2012] NZWHT Auckland 27 [pdf, 202 KB]

   ................................................................................................ 31 Page | 4 PROCEDURAL ISSUES [1] This claim was originally heard in the Tribunal in August 2010. An appeal was filed against the determination and the High Court1 dismissed two of the four affirmative defences run by the respondents. The High Court referred the remaining issues back to the Tribunal for determination. The...

2. Haddon v Rahui Te Kuri Inc – Pakiri R (1994) 3 Taitokerau Appellate MB 178 (3 APWH 178) [pdf, 1.5 MB]

   ...still before the Maori Land Court at Whangarei. In the course of those proceedings the Lower Court issued an order of injunction restraining the present owners of the Pakiri R Block (formerly the land of the Incorporation) from dealing with the land. An appeal against that order of injunction was to be heard at the conclusion of the hearing of this case stated and the parties represented by Messrs Peters and Bell are the parties to that appeal. 2. In arranging for the hearing of the case state...

3. [2016] NZEmpC 153 Spotless Facility Services NZ Ltd v Mackay [pdf, 272 KB]

   ...what would be described in general contract law as cancellation following a repudiatory breach of contract under s 7 of the Contractual Remedies Act 1979. [67] It is necessary to focus on the way in which courts, and in particular the Court of Appeal, have characterised such a dismissal over the years. There are three potential categories which might give rise to such a dismissal. They were described by Cooke J (as he then was) in Auckland Shop Employees Union v Woolw...

4. Minute of the Environment Court (dated 17 March 2017) [pdf, 1.2 MB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under section 120 of the Act BLUESKIN ENERGY LIMITED (ENV-2016-CHC-047) Appellant DUNEDIN CITY COUNCIL Respondent MINUTE OF THE ENVIRONMENT COURT (17 March 2017) I ntrod uction [1] The purpose of this Minute is to address the directions given at the pre-hearing conference on 10 March 2017. Scope [2] Given that no party has challenged the amendment made b...

5. Complaints Assessment Committee (CAC 409) v Ganesh NZREADT 19 [pdf, 327 KB]

   ...a loan, and the Tribunal has not identified any such authority. Mr Ruffin referred us to three cases in which the obligation to give disclosure under s 136 was at issue.3 [27] In Wouters v Real Estate Agents Authority (CAC 412),4 (in which the appeal to the Tribunal was on other grounds) the Tribunal observed that the licensee concerned 3 We record that these are not the only cases in which the Tribunal has considered charges of fail...

6. Otago Standards Committee No. 1 v Zhao [2016] NZLCDT 22 [pdf, 115 KB]

   ...connection required by the Saxmere16 Discussion decision is entirely absent”. [48] The mere fact that a Court or Tribunal has decided a matter in one manner, such as has occurred here, albeit found to be in error (as to penalty only), on appeal, cannot of itself be a ground for imputed bias. If that were the case, the Civil and Criminal litigation system of justice would grind to a halt. 13 See note 12. 14 Transcript p 7. 15 Tra...

7. LCRO 78/2017 UT v HB (26 June 2019) [pdf, 346 KB]

   ...scope of review [34] 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...

8. LCRO 191/2019 UY v FB (26 November 2020) [pdf, 266 KB]

   ...right-minded person” would regard Ms FB’s conduct as “highly unbecoming”, and (k) the process of inviting Ms FB to provide a response in circumstances where Mr UY had assumed she had already responded to the complaint, provides further ground to appeal the Committee’s decision; and 2 Mr UY considered that the Committee had adopted a narrow view of the case it relied on in advancing its position. 3 Application for review at Part 7 (dated 19 December 2019). 5 (l) the...

9. [2019] NZEnvC 178 Chapel Road Partnership Trust v Auckland Council [pdf, 25 MB]

   BEFORETHEEN~RONMENTCOURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Appearances: Date of Decision: Date of Issue: IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 178 of the Resource Management Act 1991 (the Act) of an appeal pursuant to s120 of the Act 508 CHAPEL ROAD PARTNERSHIP TRUST AppellanUApplicant (ENV-2018-AKL-281) AUCKLAND COUNCIL Respondent Judge J A Smith Commissioner A C E Leijnen Commissioner M Mabin 7 and 9 October 2019...

10. [2021] NZACC 50 - Astle v ACC (17 March 2021) [pdf, 224 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 50 ACR 18/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ADELE ASTLE Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 11 February 2021 Heard at: Christchurch/Otautahi Appearances: Mr T Yates, advocate for the appellant via telephone Mr H Evans f...