Search Results

1. [2020] NZREADT 03 - AJS Rental Realty Ltd (14 February 2020) [pdf, 164 KB]

   ...Complaints Assessment Committee of unsatisfactory conduct, for breaches of reg 15 of the Audit Regulations, having failed to provide monthly trust account reconciliations in time, over a period of 48 months. The Tribunal dismissed the defendant’s appeal against the Committee’s penalty orders. [c] Complaints Assessment Committee 414 v Goyal:8 The defendant was charged under s 73(c) of the Act with contravening s 134 of the Act (acquiring a client’s property without obtainin...

2. LCRO 133/2019 HM v RN (24 February 2020) [pdf, 117 KB]

   ...scope of review [21] 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 137/2018 A1 v B2 (26 November 2018) [pdf, 158 KB]

   ...scope of review [16] 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...

4. LCRO 147/2020 KQ v [Area] Standards Committee [X] (1 June 2021) [pdf, 144 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: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 that...

5. LCRO 196/2021 DB v HP and JK (28 April 2022) [pdf, 144 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: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 tha...

6. [2023] NZEmpC 35 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand [pdf, 249 KB]

   ...submitted that the Court has jurisdiction to vary an interlocutory order in circumstances such as the present by analogy with r 7.49 of the High Court Rules 2016. That rule provides that a party affected by an interlocutory order may instead of appealing against the order or decision, apply for variation or recission if the party considers the order or decision is wrong. [29] In Complainant A v New Zealand Law Society,7 the Court of Appeal said the rule permits interlocutory matte...

7. [2023] NZEnvC 078 Remediation (NZ) Limited v Taranaki Regional Council [pdf, 245 KB]

   REMEDIATION (NZ) LIMITED v TARANAKI REGIONAL COUNCIL Decision [2023] NZEnvC 078 [4 May 2023] IN THE ENVIRONMENT COURT OF NEW ZEALAND AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 078 IN THE MATTER OF an appeal under s 120 of the Resource Management Act 1991 BETWEEN REMEDIATION (NZ) LIMITED (ENV-2021-AKL-000059) Appellant AND TARANAKI REGIONAL COUNCIL Respondent AND DAWN AND GLEN BLENDALL TARANAKI ENERGY WATCH NORTH TARANAKI AWA PRO...

8. MOJ0058 Disputes Tribunal booklet JAN23 [pdf, 428 KB]

   ...attend a financial assessment, or being contacted by a bailiff, or if the order is lodged with a credit agency, receiving a bad credit rating. In some circumstances, enforcement fees and interest can be added to the sum due. Rehearing’s and appeals If you consider that the outcome is unjust, and you can show that there was a problem with the procedure adopted, you may be able to get a rehearing or appeal the decision. There is information on the back of your order as to how to g...

9. Newton v Ashmore - Te Huruhi 12B (2022) 241 Waikato Maniapoto MB 178 (241 WMN 178) [pdf, 253 KB]

   ...requirement is not satisfied. 3 Re Management Committee of Mangatawa Papamoa Blocks Incorporation (2018) 156 Waikato Maniapoto MB 77 (156 WMN 77), relying on Smith v Courtney – Ohuirua No 2 Block [2011] Māori Appellate Court MB 284 (2011 APPEAL 284). 241 Waikato Maniapoto MB 184 Te ture The law [8] Easements in this context are granted per s 315 of the Act. It says: 315 Court may create easements (1) The court may— (a) create easements over any lan...

10. [2022] NZEmpC 40 Ngawaka v Global Security Solutions Ltd [pdf, 219 KB]

    ...[7] A resignation by an employee may be regarded as a dismissal where it was the result of some adverse action by the employer, commonly known as a constructive dismissal.3 In Auckland Shop Employees Union v Woolworths (NZ) Ltd the Court of Appeal listed three non-exhaustive situations where a constructive dismissal might occur:4 (a) Where the employee is given a choice of resigning or being dismissed. (b) Where the employer has followed a course of conduct with the deliberat...