Search Results

1. [2019] NZEnvC 090 Saville v Queenstown Lakes District Council [pdf, 4.9 MB]

   ...Savi lle v Queenslown Lakes District Counci l - Declaration Decision 2 C: Costs are reserved. Any application for costs is to be made by 31 May 2019; any reply is to be made by 7 June 201 9. REASONS Introduction [1 J Allister Saville has appealed the Queenstown Lakes District Council's decision to grant Timothy Roberts resource consent to establish and operate a helipad at 704 Malaghans Road , Wakatipu Basin.' [2J Mr Roberts owns and resides at the Malaghans Road p...

2. LCRO 45/2020 MN v RK (22 December 2020) [pdf, 249 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:2 … 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 tha...

3. [2019] NZEmpC 159 Allied Investments Ltd t/a Allied Security v Cradock [pdf, 350 KB]

   ...Cradock’s IEA was ambiguous. The first sentence requires notice; the second sentence does not. b) Section 67B(1) of the Act is clear. A notice of termination is to be given, which is an obligation that cannot be contracted away. c) The Court of Appeal stated in Ioan13 that ss 67A and 67B do not remove longstanding employee protections and must therefore be interpreted strictly. This meant that s 67B required the termination of a trial period to be on notice, and that a summa...

4. Tamakehu v Te Uamairangi - Ohotu No.1C No.1 Block (2020) 414 Aotea MB 59 (414 AOT 59) [pdf, 223 KB]

   ...well-settled that the prerequisite for removal of a trustee is not simply a failure or neglect of duties, but a failure to perform them satisfactorily, necessitating an assessment of the trustees’ performance.9 [45] In Rameka v Hall, the Court of Appeal identified a two-stage approach for determining whether trustees should be removed.10 Firstly, have the trustees failed to carry out their duties satisfactorily. Secondly, if so, should the Court exercise its discretion to remove t...

5. Pickering - Waima D8 [2018] Chief Judge's MB 820 (2018 CJ 820) [pdf, 710 KB]

   ...Hok.[ianga] into B of I. [Bay of Islands] and Te Rima out of B of I. into Hok. Where he becomes sole owner in most cases. He will be charged fees thru [ineligible]. All 3 parties to be notified of the making or completion of these orders, a right of appeal in normal way is allowed, though not requested as this completion is in the interests of all. 2018 Chief Judge’s MB 825 Concise statement of mistake or omission alleged by Applicant 8. The intention of th...

6. LCRO 193/2017 AA v BB and CC (29 November 2019) [pdf, 153 KB]

   ...impartial Review Officer. This is argument that he has carte blanche to file what he wants, when he wants. It is argument that is totally ignoring of the process by which a review is conducted, and totally ignoring of the fact that a review is not an appeal process, or a de novo hearing, but a particular statutory process with focus on reviewing information that has been presented to a Standards Committee. [49] The relevance of the information filed by Mr AA will be addressed later in...

7. LCRO 13/2021 ZW v HN (25 November 2021) [pdf, 250 KB]

   ...to set aside the unsatisfactory conduct finding, Mr ZW seeks a reduction of the fine and costs imposed by the Committee. [39] Mr ZW submits that: (a) it remains uncertain as to whether Mr HN’s complaint is time-barred; and (b) the Court of Appeal decision in PF Sugrue Ltd v Attorney-General [2004] 1 NZLR 207 is authority for the proposition that s 4(1)(d) of the Limitation Act has no application, and there is no statutory time limit in bringing a claim under the NZBORA; and...

8. [2022] NZEmpC 183 Butt v Attorney-General [pdf, 372 KB]

   ...Response Earthquake Services Ltd v Dodds, above n 7, at [115]. 11 Wakelin v RH & EA Jackson Ltd HC Auckland A1131/83, 6 August 1984 at 8. [37] The test for whether a statement conveys a representation was summarised by the Court of Appeal in Ridgway Empire Ltd v Grant. The Court held:12 [11] Whether there has been a misrepresentation of fact is not determined merely by considering the literal meaning of the words used without regard to the context. The enquiry is what...

9. LCRO 113/2021 VN v [Area] Standards Committee [X] (27 June 2022) [pdf, 218 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: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...

10. Van der Westhuizen v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 190 (25 November 2024) [pdf, 265 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 190 ACAR 51/24 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN GARETH VAN DER WESTHUIZEN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 19 November 2024 Held at: Auckland/Tāmaki Makaurau District Court Appearances: B Hinchcliff for the Appellant F Becroft...