Search Results

1. [2022] NZEmpC 115 Kowhai Intermediate School Board of Trustees [pdf, 239 KB]

   ...good faith; (c) the effect on third parties; (d) the novelty and importance of questions involved in the case; (e) the public interest in the proceeding; and (f) the overall balance of convenience. [19] Reference was made to the Court of Appeal’s judgment as to stay in Bathurst Resources Ltd v L & M Cole Holdings Ltd.6 There, it was noted that the restraint of orders should be the least necessary to preserve the losing party’s position against the prospect of the appe...

2. LCRO 1/2020 NR v YB (28 June 2021) [pdf, 150 KB]

   ...scope of review [10] 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...

3. LCRO 119/2022 FT v GS (31 October 2022) [pdf, 183 KB]

   ...scope of review [24] 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...

4. [2022] NZEmpC 46 UQE v TBN [pdf, 213 KB]

   ...period ran from 5 June 2019. [19] Whether an employer has consented to a grievance being raised after the expiration of the 90-day period is a question of fact and degree.10 Consent does not need to be express; it can be implied.11 As the Court of Appeal has observed: 12 9 Employment Relations Act 2000, s 114(1). 10 See Commissioner of Police v Hawkins [2009] NZCA 209, [2009] 3 NZLR 381 at [23] (emphasis added) endorsing the approach adopted by the Employment Court in Jacobsen...

5. Kapiti-Coast-District-Council-Cover-Letter-Form-7a-and-Form-18-20221101.pdf [pdf, 446 KB]

   ...which has given key potential submitters and the community a sound understanding of the Project and the matters that are likely to be issues in respect of the applications; and − a decision made by GW would likely come to the Environment Court on appeal because there is significant local and regional interest in the Project and there are a number of potentially affected parties such that the likelihood of an appeal is high. • The Ō2NL Project is complex, because it includes substan...

6. Canterbury Westland Standards Committee 2 v Mr U [2024] NZLCDT 10 (9 April 2024) [pdf, 118 KB]

   ...of a lawyer, and on a more part time basis. We do not see Mr U as having already undertaken a true suspension. Similar cases [32] The two closest cases which were the subject of discussion were Orlov,5 and Schlooz.6 As noted in the Schlooz appeal, it is “…not possible to superimpose cases with entirely different contexts and varieties of misconduct upon each other to form some form of template for penalty imposition”.7 However, in an effort to maintain, as far as possible...

7. [2023] NZEmpC 189 Pretorius v Board of Trustees of Taupo Intermediate School [pdf, 285 KB]

   ...wide but must be exercised judicially and according to principle. [41] The range of factors generally considered relevant in this jurisdiction are well established. They are borrowed from the approach adopted in the High Court and the Court of Appeal under the relevant rules of both Courts.16 [42] The starting point is that the successful party is entitled to the benefit of the judgment they have obtained at first instance. As the Court of Appeal has confirmed, orders for stay sho...

8. [2024] NZREADT 03 - KN v REAA (21 February 2024) [pdf, 163 KB]

   ...consideration; or (d) was plainly wrong. [18] It was submitted by the Registrar that, subject to these limitations, the Registrar’s decision must be confirmed, even if the Tribunal might come to a different decision on the merits if it was a general appeal. [19] We accept the Registrar’s submissions as to the nature of this review. We will, in deciding whether these limited grounds of review have been made out, need to make some assessment of the merits, without reaching any...

9. LCRO 137/2023 & 138/2023 FK v QT and LM (28 February 2025) [pdf, 173 KB]

   ...scope of review [20] 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...

10. LCRO 77/2024 KU v CI (9 April 2025) [pdf, 170 KB]

    ...scope of review [28] 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...