Search Results

1. LCRO 114/2017 SM v JC (31 August 2017) [pdf, 137 KB]

   ...on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [21] More recently, the High Court has described a review by this Office in the following way:3 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determinati...

2. Davis v ACC [2012] NZACA 1 [pdf, 173 KB]

   ...BEFORE His Honour Judge M J Beattie HEARD at AUCKLAND on 25 November 2011 APPEARANCES Ms R Bedford, Counsel for Appellant. Ms F Becroft, Counsel for Respondent. (ACC 5/11) Appellant ACCIDENT COMPENSATION CORPORATION Respondent RESERVED JUDGMENT OF JUDGE M J BEATTIE [1] The issue in this appeal concerns the determination of the correct quantum of the appellant's pre-incapacity income for the purposes of determining the correct sum of his earnings-related compensation...

3. LCRO 282/2013 AA v BB, CC and DD (27 June 2017) [pdf, 132 KB]

   ...were made for Mr AA to have access to a land line at the Disputes Tribunal in [City A] for this purpose. [20] In the days prior to the hearing Mr AA made requests for this Office to obtain transcripts of the High Court proceedings for him. The judgments of [District Court Judge A] are all that is required for the purposes of this review and the general principle followed by this Office is that no new evidence will be accepted on review. This Office does not follow directions fro...

4. [2022] NZEnvC 045 Auckland Council v Banora [pdf, 249 KB]

   ...relating to the enforcement orders were wrongly made. They attached a copy of their notice to the High Court seeking leave to appeal, out of time, against the decision of the District Court dated 21 March 2019.8 They ask this Court to postpone its judgment (which I take to mean the making of any order) until their appeal to the High Court has been decided on. [16] The decision of the District Court concerned claims by the Banoras against the Council raising causes of action in t...

5. Application for waiver (or refund) of fees for an individual [pdf, 322 KB]

   ...have already taken) File a new proceeding File a document in proceedings Name of case Document type Comply with a direction for setting down fees or determination of a hearing date Comply with a direction for hearing fees Obtain a copy of a judgment Search court records Other Court use only / Refer to proceedings file no. Step 2 Give us your details Full name Occupation Address Contact phone numbers day other Step 3 Tell us about the fee The fee is $ A...

6. [2007] NZEmpC AC 55/07 Kiwikiwi v Maori Television Service [pdf, 48 KB]

   ...BETWEEN HEMI KIWIKIWI Plaintiff AND MAORI TELEVISION SERVICE Defendant Hearing: 24 and 25 September 2007 (Heard at Auckland) Appearances: John Minto, Advocate for the Plaintiff Jane Latimer and Blair Edwards, Counsel for the Defendant Judgment: 2 November 2007 JUDGMENT OF JUDGE C M SHAW [1] Mr Kiwikiwi has applied for a declaration that, having been engaged as a teleprompter by Maori Television Services (MTS) he is an employee and not an independent contractor...

7. Maruera v Te Ohu Kaimoana Trustee Ltd - Ngāti Maru (Taranaki) Fisheries Trust (2015) 335 Aotea MB 47 (335 AOT 47) [pdf, 271 KB]

   ...concerning the test for apparent bias. After some semantic differences, the test in the United Kingdom and the test in Australia have become essentially the same. In Muir v Commissioner of Inland Revenue, the Court of Appeal brought New Zealand law into line. In the Australian case of Ebner v Official Trustee in Bankruptcy the leading judgment was given by Gleeson CJ and McHugh, Gummow and Hayne JJ. They stated the governing principle that, subject to qualifications relating to waiv...

8. Pure - Ahipara 1B2B - (2013) 69 Taitokerau MB 109 (69 TTK 109) [pdf, 117 KB]

   ...UNDER Section 289, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Ahipara 1B2B BETWEEN Jonnie Pure Applicant Hearing: 22 January 2013 13 July 2013 (Heard at Kaitaia) Appearances: Ms K Taurau for Annie Lidgard Judgment: 28 November 2013 RESERVED JUDGMENT OF JUDGE D J AMBLER 69 Taitokerau MB 110 Introduction [1] This judgment addresses an application by Mrs Jonnie Pure to partition Ahipara...

9. CE v FG LCRO 346/2013 (27 August 2015) [pdf, 55 KB]

   ...psychogeriatrician.3 The complaints The application to the court had not proceeded at the time the Standards Committee made its determination but had been completed by the time of this review and I have been provided with a copy of Judge X’s judgment dated 17 April 2014. [14] The Standards Committee recorded the complaints as being that Mr FG:4 • failed adequately to explain to the CE’s the effect of an EPA and failed to ensure that the documents were executed and witnessed...

10. [2022] NZEmpC 42 TPT Forests Ltd v Penfold [pdf, 219 KB]

    ...17 November 2021 (Heard at Auckland, via VMR) Appearances: P Skelton QC and S Rankin, counsel for applicants S Foote QC and T Refoy-Butler, counsel for first respondent S Langton and R L White, counsel for second respondent Judgment: 11 March 2022 INTERLOCUTORY JUDGMENT (NO 2) OF JUDGE J C HOLDEN (Application for consequential orders) [1] In November 2020, the Court granted a search order to allow TPT Forests Ltd, the first applicant, to sea...