Search Results

1. ENV-2016-AKL-000xxx Zakara Investments Limited v Auckland Council [pdf, 23 MB]

   ...a donor site, to create a development right, and subdivision on a receiver site (i.e. not subdivision on the donor site). Reasons for the appeal 7 The reasons for the appeal are as follows: 7.1 Zakara considers that the parts of the decision appealed and referred to above do not accord with the relevant 100052840/5131807.1 4 requirements of the RMA and are contrary to Part 2 of the RMA. In particular, the parts of the decision appealed: (a) Do not promote the sustainable...

2. [2010] NZEmpC 88 Coy v Commissioner of Police [pdf, 67 KB]

   ...matter is complicated, however, by s 72 of the Evidence Act. First to note, however, is that the definition of “court” in s 4 of the Evidence Act does not embrace the Employment Court. It “includes the Supreme Court, the Court of Appeal, the High Court, and any District Court” the latter of which expressly includes a family court and a youth court. As this Court has noted before, the apparently deliberate exclusion of the Employment Court from the application of t...

3. [2014] NZEmpC 208 Hayne v ASG [pdf, 162 KB]

   ...publication in a defamation context, where a statement is “published” if it is communicated to a third party. While publication of suppressed 18 Re Victim X [2003] 3 NZLR 220 (HC) at [45]; upheld on appeal, Re Victim X [2003] 3 NZLR 220 (CA). 19 Solicitor-General v Smith [2004] 2 NZLR 540 (HC). 20 Slater v Police HC Auckland CRI-2010-404-379, 10 May 2011. Leave to appeal was subsequently granted, but the appeal does not...

4. [2017] NZEmpC 141 Lewis v Immigration Guru Ltd [pdf, 322 KB]

   ...being raised along with the remedies which would accompany it if proved. [11] Mrs Lewis is not precluded by the pleading omission from seeking to have the Court consider a claim for unjustifiable dismissal. In Nathan v C3 Ltd, the Court of Appeal stated as follows: 2 [35] The fact that Mr Nathan’s personal grievance was a claim for unjustifiable dismissal under s 103(1)(a) did not mean that the Employment Court was precluded from considering the discrimination issue in the c...

5. [2016] NZEnvC 152 Koha Trust Holdings Limited v Constellation Brands New Zealand Limited [pdf, 735 KB]

   ...of a house and its curtilage during the relevant period, was examined. [16] In his submissions on behalf of the Second and Third Respondents, Mr Clark submitted that support was found for the approach by Morris J in Goldfinch, in the Court of Appeal decision in Body Corporate 97010 v Auckland City Council". It is clear however from the paragraphs he cited that the aspect of the complex suite of Body Corporate 97010 decisions there discussed was about an application for an ext...

6. [2018] NZEmpC 67 Wendco (NZ) Ltd v Unite Inc [pdf, 322 KB]

   ...should find that they “resulted from or related to participation in a strike ... that is lawful under section 83 ...”,5 which meant that the Court must dismiss the proceeding. [26] Relying on an argument advanced in an application for leave to appeal to the Court of Appeal in New Zealand Fire Service Commission v McCulloch, Mr Cranney said that s 99(3), on which Unite relies, provides immunity from suit where there is a legal strike or lockout.6 [27] He said this conclusion...

7. LCRO 150/2017 UG v WN [pdf, 275 KB]

   ...scope of review [23] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … 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...

8. LCRO 134/2018 AH v NR (7 April 2019) [pdf, 200 KB]

   ...scope of review [41] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … 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...

9. [2021] NZACC 22 - Yeo v ACC (2 February 2021) [pdf, 196 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 22 ACR 381/17 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ALEXANDER YEO Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 25 November 2020 Heard at: Dunedin/Otepoti Appearances: Mr P Sara for the appellant Mr C Light for the respondent Judgme...

10. LCRO 2/2019 RCN and OCN as Trustees v MA, JS, LB and GD (27 May 2020) [pdf, 189 KB]

    ...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):22 … 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...