Search Results

1. [2011] NZEmpC 3 Northland DHB and 20 Others v New Zealand Resident Doctors Association Inc [pdf, 188 KB]

   ...NEW ZEALAND RESIDENT DOCTORS' ASSOCIATION INC Defendant Hearing: 10 February 2010 (Heard at Wellington) Counsel: Hamish Kynaston and Andrea Pazin, counsel for plaintiffs Bill Manning and Anna Paton, counsel for defendant Judgment: 20 January 2011 00:30:00 Reasons: 20 January 2011 REASONS FOR JUDGMENT OF CHIEF JUDGE G L COLGAN [1] These are the reasons for dismissing the plaintiffs’ proceedings in an oral judgment delivered at the end of the hea...

2. [2024] NZEmpC 234 Bowen v National Australia Bank [pdf, 295 KB]

   ...submissions filed on 9, 23 and 24 September 2024) Appearances: M O’Brien and J Plunket, counsel for plaintiff R Rendle and J Grenheld, counsel for first and second defendants T Oldfield, counsel for third and fourth defendants Judgment: 29 November 2024 JUDGMENT OF JUDGE K G SMITH (Protest as to jurisdiction, applications to dismiss proceedings and an application for a stay) [1] On 8 December 2023, the Employment Relations Authority rele...

3. McCallum v The Māori Trustee of Whanganui - Estate of Ngapiki Waaka Hakaraia [2014] Chief Judge's MB 541 (2014 CJ 541) [pdf, 215 KB]

   ...Judge's MB 162-166 7 July 2014 at 2014 Chief Judge's MB 344 11 July 2014 at 2014 Chief Judge's MB 402-421 (Heard at Whanganui) Appearances: Stephanie Burlace, Counsel for the Applicant Greg Shaw, for the Māori Trustee Judgment: 02 December 2014 RESERVED DECISION OF CHIEF JUDGE W W ISAAC Copies to: S J Burlace, Treadwell Gordon Solicitors, PO Box 4084/DX PA87505 Greg Shaw, for the Māori Trustee, PO Box 503...

4. DH v WU LCRO 219 / 2010 (29 June 2011) [pdf, 105 KB]

   ...placing the Applicant in a difficult position in the course of litigation. [64] Previous decisions of the LCRO are however of limited assistance, as it can be seen that the facts and circumstances of each case differ widely. In the circumstances, a judgment has to be made as to what would be a reasonable amount to acknowledge the situation in which the Applicant has found himself, yet must take into account the fact that Mr DI has made strenuous efforts to resolve the matter. The aw...

5. LCRO 126/2013 MZ v JK [pdf, 128 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. [29] More recently, the High Court has described a review by this Office in the following way:6 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determinat...

6. LCRO 207/2016 YN v NZ Police (2 August 2017) [pdf, 166 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. [37] More recently, the High Court has described a review by this Office in the following way:2 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determinati...

7. LCRO 57/2017 SD v WP [pdf, 182 KB]

   ...view 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. 4 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 8 [28] More recently, the High Court has described a review by this Office in the foll...

8. Fenton - Rūrima Māori Reservation (2004) 102 Whakatāne 196 (102 WHK 196) [pdf, 851 KB]

   ...surprising that issues surrounding their establishment, maintenance and enhancement have come before this and the Maori Appellate Court regularly. In the decision in Re Ngati Tanewai - Ward-Williams (2003) 123 Aotea MB 159, a number of important judgments concerning Maori reservations were reviewed, which are repeated here: (a) the Court must have regard to Maori customary concepts relating to turangawaewae and ancestry in determining beneficiaries of a Maori Reservation. Only in very s...

9. [2021] NZEnvC 015 BWO Offshore Singapore PTE LTD v The Environmental Protection Authority [pdf, 3.8 MB]

   ...Ruling. [26] I am satisfied that in the circumstances of this proceeding the presumption against costs does not arise. I consider an award of costs against the EPA is possible. Factors that warrant an award of costs [27] I will not lengthen this judgement by setting out the written submissions of the parties. I will endeavour to address the key propositions advanced by the parties in the course of providing my reasons for my decision. [28] I accept the EPA's submission that i...

10. LCRO 77/2020 MP v RJ (30 July 2020) [pdf, 194 KB]

    ...view 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. [24] 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 deter...