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1. [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...

2. 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...

3. 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...

4. Budapest-Convention-and-Related-Matters-Legislation-Amendment-Bill_FINAL.pdf [pdf, 545 KB]

   ...confidentiality obligations do not apply to production orders. 23 I recommend Cabinet approve these policy changes, for the reasons discussed below. Reviews of preservation directions 24 In 2021, Cabinet agreed the Bill would contain a right of appeal to the District Court for anyone subject to a preservation direction. Instead, the Bill provides a right to seek a review from Police that must be completed within 5 working days. 25 This change has been made because the perio...

5. Three-strikes-document-release_Combined_FINAL.pdf [pdf, 2.1 MB]

   ...‘tough on crime’. In respect of (a), the independence of the judiciary is a fundamental pillar of our constitutional arrangements. Judges must be taken to uphold the law. If there is concern that a decision has not upheld the law, there are appeal pathways available to the Crown. Regarding (b), the research referred to by the Cabinet Paper circulated with the Bill indicates that this is not the case.3 Regarding (c), this is not a matter for the Law Society to comment on. However,...

6. LCRO 76/2024 QM v BY (13 December 2024) [pdf, 240 KB]

   ...address each and every element of QM’s complaint, this did not mean that those elements had not been considered by it.4 Application for review [29] QM initially wrote to the New Zealand Law Society on 12 June 2024, advising that she wished to appeal the Committee’s decision. [30] QM set out a background and chronology in her letter, and attached a number of documents which she said were relevant to her complaint. Some of that material does not appear to have been before the Comm...

7. [2025] NZIACDT 36 – BL v Schoeller (17 July 2025) [pdf, 172 KB]

   ...until the reconsideration had been decided. Ms Schoeller had asked Immigration NZ to speed up entry into the system. If the reconsideration was declined, her options were to leave or apply under s 61 of the Immigration Act (once unlawful) or appeal. Ms Schoeller set out her fees for a s 61 request and an appeal. For any future services, the complainant would need to sign the terms of engagement before any work could be done. Ms Schoeller’s suggestion was to wait to see if ano...

8. [2012] NZEmpC 68 Postal Workers Union v NZ Post Ltd [pdf, 110 KB]

   ...cases involving an individual employee and ones in the nature of a generalised dispute applicable to a workforce generally. [7] I prefer to approach the issue of costs in this case in accordance with the general approach endorsed by the Court of Appeal in cases such as Binnie, and to 2 At [53]. 3 Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 (CA) at [14]. 4 [2012] NZEmpC 13 at [16]. 5 [2008] ERNZ 91 at [23]. have...

9. Taueki v Procter – Horowhenua (11) Lake (2013) 296 Aotea MB 91 (296 AOT 91) [pdf, 145 KB]

   ...Interested Parties Hearing: 17 January 2013 (Heard at Levin) Appearances: P Taueki in person V Taueki in person Judgment: 25 January 2013 ORAL JUDGMENT OF L R HARVEY Introduction [1] Phillip Taueki has filed an appeal against my decisions issued on 26 November and 18 December 2012. He opposes the appointment of trustees to the Lake Horowhenua Trust and claims that the process of election was flawed for various reasons. He also refers to his...

10. Ferness v Lampeter LCRO 178 / 2010 (18 November 2010) [pdf, 73 KB]

    ...by the fact that similar conclusions have been reached in other jurisdictions. Thus in Inglis Enterprises Ltd v Race Relations Conciliator (1994) 7 PRNZ 404 it was held that the High Court had no jurisdiction to extend time for the making of an appeal where the empowering statute set clear time limits. Some guidance can also be taken from Commerce Commission v Roche Products (New Zealand) Ltd [2003] 2 NZLR 519. In that case the Court of Appeal strictly applied time limits applicabl...