Search Results

1. [2010] NZEmpC 45 Miller v Fonterra Co-op Group Ltd [pdf, 38 KB]

   ...included: the problem of defining separate issues with sufficient precision; judges inadvertently disqualifying themselves by expressing views on issues yet to be addressed; duplication in terms of witnesses and preparation time; the risk of multiple appeals, the risk of a further round of disclosure and other interlocutories and amended proceedings; delay in obtaining a fixture for the second hearing and the risk that the same judge might not be available. [18] Mr Drake cited...

2. [2012] NZEmpC 188 ABC01 Ltd (formerly Primary Heart Care Ltd) v Dell [pdf, 91 KB]

   ...orders could be sought from the Authority. This application for leave was filed on 17 September 2012. Mr Rakau’s affidavit in support explains the circumstances in which the challenge was filed in the wrong body (an erroneous assumption that an appeal would be lodged with the body appealed from), but does not address any other elements affecting the Court’s discretion whether to grant leave. [14] Mr Dell opposes the application for leave, citing the company’s track record...

3. CAC20006 v Milne & Bowring [2013] NZREADT 60 [pdf, 45 KB]

   ...MATTER OF charges laid under s.91 of the Real Estate Agents Act 2008 BETWEEN REAL ESTATE AGENTS AUTHORITY (CAC 20006) AND PENELOPE MILNE AND JOHN BOWRING Defendants READT 60/12 & 61/12 IN THE MATTER OF appeals under s 111 of the Real Estate Agents Act 2008 BETWEEN PENELOPE MILNE AND JOHN BOWRING Appellants AND REAL ESTATE AGENTS AUTHORITY (CAC 20006) First Respondent AND JUDITH AND DOUGLAS EADES Secon...

4. APB Ltd v VW LCRO 133 / 2010 (3 August 2011) [pdf, 126 KB]

   ...action should be taken. This section confers a discretionary power on the Standards Committee to take no further action on a complaint if, in the opinion of the Standards Committee - there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, and it would be reasonable for the person aggrieved to exercise. [2] The Applicant sought a review of that decision, contending...

5. McDonald v Peters [2012] NZWHT Auckland 51 [pdf, 159 KB]

   ...Solutions Ltd, Mr Hislop, Mr Peters and Mr Brown now seek costs under s 91 Weathertight Homes Resolution Services Act 2006 (the Act). Costs are awarded to Mr Peters, Mr Hislop and the company for the reasons set out. [2] Mr McDonald has filed an appeal in relation to the substantive determination. The respondents referred to s 96 of the Act which provides that “an appeal under s 93 does not operate as a stay of the Tribunal’s determination unless a District Court Judge.... o...

6. BORA Films, Videos and Publications Classification Amendment Bill [pdf, 104 KB]

   ...Canadian Charter, the simple answer in the New Zealand context is that there is no equivalent general "fundamental justice" right in the NZBORA. Of course, proponents of the substantive view could argue that, like Baragwanath J, the Court of Appeal might take a broader interpretation of s 25(c) NZBORA. However, we do not consider that the constitutional status of the NZBORA would support such a progressive interpretation by the Court of Appeal. Of course this does not mean that...

7. Complaints Assessment Committee 403 v Shalendra Goundar [2017] NZREADT 76 [pdf, 190 KB]

   ...Martin v Real Estate Agents Authority (CAC 407 [2017] NZREADT 14; Complaints Assessment Committee 408 v Reed [2017] NZREADT 34. requirements for properly supervising and managing a real estate business”, and a fine of $2,500, were upheld on appeal to the Tribunal.21 [34] The events to which that finding related occurred in January 2015, so post-date the transactions in the present case. The later events serve to demonstrate that Mr Goundar’s conduct in the present case was...

8. LCRO 115/2017 BV v RD and KR [pdf, 115 KB]

   ...scope of a review have been discussed by the High Court, which said of the process of review under the Lawyers and Conveyancers Act 2006 (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...

9. BORA Canterbury Earthquake Recovery Bill [pdf, 320 KB]

   ...including information gathering, carrying out of building works and requiring surveys, as well as the ability to acquire land. The Bill specifies a process for determining compensation for the taking of land and demolition of buildings, and a process for appeals of specified decisions under the Bill. The Bill also empowers the Governor-General to make Orders in Council that grant exemptions from, modify, or extend any provisions of any Act for a purpose of the Bill (except for specified...

10. LCRO 8/2014 HTO v AG [pdf, 216 KB]

    ...scope of review [25] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:9 … 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...