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1. Jones v Registrar of REAA [2019] NZREADT 27 (28 June 2019) [pdf, 225 KB]

   ...person to hold a licence … The Registrar then advised Mr Jones of his right to seek a review of his decision pursuant to s 112 of the Act. [10] In a letter dated 8 April 2019, Mr Eaton advised the Registrar that Mr Jones intended to “appeal” against the Registrar’s refusal to renew his licence. He stated that there had been a “misunderstanding” as to the charges against Mr Jones, and he had not been charged with tax evasion. He asked that Mr Jones be given a form o...

2. [2020] NZIACDT 22 - NJUM v VOLE (2 June 2020) [pdf, 137 KB]

   ...vulnerable client. [53] I accept Mr Logan’s submission that Mr Vole was not motivated by personal gain. I appreciate that Mr Vole’s fees, at about $16,000 or $13,000, appear to be high, but there were numerous immigration applications and appeals over a period of some years, so the total fee is not on its face extravagant. The testimonials make it clear that Mr Vole is a person who goes to great lengths to help his clients and this appears to be the motivation in this case....

3. LCRO 086/2017 AC v BD (15 November 2018) [pdf, 206 KB]

   ...scope of review [33] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:7 … 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. LCRO 223/2020 LD v BD and HW (27 May 2021) [pdf, 219 KB]

   ...scope of review [64] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:7 … 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. DL v Accident Compensation Corporation (Work Related Mental Injury) [2022] NZACC 178 [pdf, 395 KB]

   ...ANY DETAILS THAT MIGHT IDENTIFY THE APPELLANT IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 178 ACR 113/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN DL Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 1 September 2022 Heard at: Wellington/Te Whanganui-a-Tara Appearances: Mr A Beck for the ap...

6. [2010] NZEmpC 73 NZ Amalgamated Engineering Printing and Manufacturing Union v SCA Hygiene Australasia Ltd [pdf, 46 KB]

   ...the clear Parliamentary intention that employees should be paid the relevant daily pay for the public holidays falling during the closedown. She submitted that this was clear even under the 1981 Act as a result of the decision of the Court of Appeal in Ports of Auckland Ltd v NZ Waterfront Workers Union Inc1 and since that time the legislation has become more precise as to what is to be included in the relevant daily pay. She submitted that the basic principle that public holidays...

7. [2008] NZEmpC AC 37/08 Orakei Group (2007) Ltd (formerly Axiom Rolle PRP Valuations Services Ltd) v Kapadia & Ors [pdf, 44 KB]

   ...interlocutory application was determinative of the case. In the circumstances, the fees and disbursements incurred were reasonable. [36] There is no dispute about the applicable principles that can be extracted from a trio of judgments of the Court of Appeal, Binnie v Pacific Health Ltd1, Victoria University of Wellington v Alton-Lee2, and Health Waikato Ltd v Elmsly3 [2004] 1 ERNZ 172. [37] First, the Court must determine what costs were reasonably incurred by a party entitled...

8. Slade - Parengarenga 3G (2014) 87 Taitokerau MB 46 (87 TTK 46) [pdf, 121 KB]

   ...August 2014 and the three remaining trustees. In 2009 Karaka Wiki challenged the appointment of trustees and applied to the Court for a rehearing. On 19 November 2009 I granted the rehearing. Stephen Henare, one of the four former trustees, appealed that decision. On 9 January 2012 the Māori Appellate Court granted his appeal. [17] The effect of the Māori Appellate Court granting the appeal is that from mid-2012 (when the stay of the order appointing the seven trustees was d...

9. Pohatu v Muriwhenua Incorporation - Te Hapua 42 (2014) 91 Taitokerau MB 251 (91 TTK 251) [pdf, 195 KB]

   ...lead to a conclusion that flouts business common sense, it must be made to yield to business common sense.’ [24] This statement of law has been recognised as the established legal position in New Zealand since the 1999 decision of the Court of Appeal in Boat Park Ltd v Hutchinson. 3 More recently the Court of Appeal has discussed these principles on two occasions. In WEL Energy Group Ltd v Electricity Corporation of New Zealand Ltd the Court of Appeal stated that: 4 In inter...

10. MacFarlane v Hurihanganui - Whakarewarewa 2B (2015) 133 Waiariki MB 290 (133 WAR 290) [pdf, 262 KB]

    ...underlined by s 222(2)(b) which forbids the Court from appointing a trustee unless the Court is satisfied that the appointment of that person would be broadly acceptable to the beneficiaries. [25] On the discretion to appoint trustees, the Court of Appeal acknowledged that ordinarily substantial weight would be given to the views of the owners: 10 [52] It may be putting the matter too highly to say that the Court should only depart from the views of the owners in rare circumsta...