Search Results

1. LCRO 151/2017 NS v ET (12 March 2019) [pdf, 130 KB]

   ...scope of review [26] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:6 … 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...

2. LCRO 40/2018 RS v DL (27 June 2019) [pdf, 173 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:2 … 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 137/2017 and LCRO 33/2018 CH v RB and GN (28 June 2019) [pdf, 192 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 tha...

4. LCRO 205/2016 EK v IQ (15 October 2018) [pdf, 169 KB]

   ...scope of review [35] 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...

5. Sexual Violence Operational Improvements (Justice Response) Report Executive Summary 2022 [pdf, 396 KB]

   ...service costs, capital depreciation costs) Some planning is underway in anticipation of the Bill being passed . B19 Yes No MOJ (Courts) Alt Modes Evid - Legal Aid Implement pre-recorded cross-examination (preparation pre-trial events, and appeals) • Not yet progressed as requires Bill to be passed. B19 Yes No MOJ (LA) Alt Modes Evid - PDS Implement pre-recorded cross-examination (preparation pre-trial events, and appeals) • Not yet progressed as requires Bill to be pa...

6. [2022] NZEnvC 042 Wilson v Waikato Regional Council [pdf, 309 KB]

   WILSON v WRC – DECISION ON WITNESS SUMMONS IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 42 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN WARWICK SUTHERLAND WILSON (ENV-2020-AKL-51) Appellant AND WAIKATO REGIONAL COUNCIL Respondent AND OHINAU AQUACULTURE LIMITED Applicant Court: Environment Judge J J M Hassan Sitting alone under s279(1) of the Act...

7. [2021] NZREADT 46 - Tapu (23 August 2021) [pdf, 270 KB]

   ...the purpose of supporting her contention that she had made the required disclosure. The Tribunal ordered censure, suspension of the licensee’s licence for 18 months, and the completion of further specified training. [31] The High Court heard appeals by the licensee and the Complaints Assessment Committee. The Court found that the appropriate penalty was cancellation of the licensee’s licence, and made an order accordingly. [32] In Cui the licensee was found guilty of mi...

8. LCRO 191/2020 QC on behalf of ABC Limited v VH (8 April 2022) [pdf, 185 KB]

   ...scope of review [30] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … 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...

9. [2023] NZEmpC 106 Ling v Super Cuisine Group Ltd [pdf, 254 KB]

   ...constructive dismissal are well established and not in dispute. 3 Ling v Super Cuisine Group Ltd, above n 1, at [22]. 4 At [26]. 5 At [37]–[41]. 6 At [47]. [10] In Auckland Shop Employees Union v Woolworths (NZ) Ltd the Court of Appeal noted three situations where a constructive dismissal can arise:7 (a) an employer gives an employee an option of resigning or being dismissed; (b) an employer follows a course of conduct with the deliberate and dominant purp...

10. [2023] NZEmpC 90 Fire and Emergency New Zealand v New Zealand Professional Firefighters Union [pdf, 291 KB]

    ...entitlements under the Act are minimum entitlements (s 6(1)). 6. An employer may provide its employees with agreed enhanced or additional entitlements (s 6(2)). [36] I respectfully adopt this analysis. [37] I also note the dicta of the Court of Appeal in Postal Workers Union of Aotearoa Inc v New Zealand Post Ltd, which discussed the purpose of the Holidays Act in these terms:9 [27] The plain intention of the Act was to provide to employees who had not worked on a public holi...