Search Results

1. [2022] NZEmpC 165 Halse v Employment Relations Authority [pdf, 264 KB]

   ...judicial review proceedings soon after the determination had been issued. In summary, it asserted that there was no legal basis for the granting of the orders or directions; and that they were also a beach of rights of freedom of speech and to justice, under the New Zealand Bill of Rights Act 1990 15 At [36]. 16 At [40]. 17 At [47]. (BORA). The Authority had no jurisdiction to override Parliament. Mr Halse asserted that the orders were void and an abuse of proce...

2. FD v B Ltd [2021] NZDT 1714 (23 December 2021) [pdf, 152 KB]

   ...decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised...

3. [2024] NZEmpC 221 Total Property Services (Canterbury) Ltd v Crest Commercial Cleaning Ltd [pdf, 226 KB]

   ...be awarded, it only applied where the party declining to sign did so without justification.20 Mr McGuinness described Total’s draft notice as being “difficult to parse”, going beyond the scope of the rule where it included references to matters that Crest considered it could not admit or deny or were otherwise irrelevant. [45] The adjournment was described as unfortunate, but was caused by illness as explained in a medical certificate. As to the next two criticisms, Mr McGui...

4. Tito - Mangakahia 2B2 No 2A1A (2021) 227 Taitokerau MB 188 (227 TTK 188) [pdf, 222 KB]

   ...188 I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O TE TAITOKERAU In the Māori Land Court of New Zealand Taitokerau District A20210003769 WĀHANGA Under Section 67, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Mangakahia 2B2 No 2A1A Block KEVIN JOHN TITO Te Kaitono Applicant Nohoanga: Hearing 16 March 2021 (Heard at Whangarei) Whakataunga: Judgment date 22 March 2021 TE WHAKATAUN...

5. [2019] NZEnvC 009 Double R Developments Ltd v Western Bay of Plenty District Council [pdf, 3.3 MB]

   IBEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC CX)O\ of the Resource Management Act 1991 of an appeal pursuant to s 325 of the Act DOUBLE R DEVELOPMENTS LIMITED (ENV-2018-AKL-047) Appellant WESTERN BAY OF PLENTY DISTRICT COUNCIL Respondent Court: Environment Judge DA Kirkpatrick, sitting alone pursuant to section 279 of the Act Hearing: On the papers Date of Decision: 24 January 2019 Dat...

6. The Trustees of Part Rotomaha Parekarangi 8 Reservation v Cochrane - Part Rotomahana Pakrekarangi 8 Reservation (2020) 247 Waiariki MB 34 (247 WAR 34) [pdf, 184 KB]

   ...opposed that course. He also contended 1 220 Waiariki MB 85 (220 WAR 85) 247 Waiariki MB 36 that, in failing or refusing to include his client’s questions in the commission, the Court may be acting contrary to the principles of natural justice and unfairly. This was inconsistent with the right of his clients to a fair trial, he argued, and the proposed commission would result in a denial of that right and the protections set out in the Bill of Rights Act 1990. Ng�...

7. LCRO 211/2020 BU - Application for review of a prosecutorial decision (30 July 2021) [pdf, 233 KB]

   ...have sought guidance from Counsel in relation to not only the lengthy delay with Judicial Review proceedings but the stress and anxiety that goes with any such application. By a very close margin I have elected to ignore the legal and factual matters within the decision, which conflict with my version of events and the advice I have received and have determined that whilst justice is a good thing, finality is better. Accordingly I am therefore in the complex and discombobulating po...

8. BORA Public Health Bill [pdf, 617 KB]

   ...rational and proportionate. In reaching this decision, we note that the penalties, while some are not at the lower end of the scale, reflect the significant harm that could result from non-compliance with the Bill. Section 27(1) – Right to natural justice 25. The general emergency powers contain an explicit right to review only in relation to the power to detain and isolate individuals. We have considered whether the exclusion of the right to review the application of other emergency...

9. Reinstating-Three-Strikes-Sentencing-Law.pdf [pdf, 31 MB]

   Hon Nicole McKee Associate Minister of Justice (Three Strikes) Proactive release - Policy decisions: Reinstating three strikes sentencing law Date of issue: 11 June 2024 The following documents have been proactively released in accordance with Cabinet Office Circular CO (23) 04 . Some information has been withheld on the basis that it would not, if requested under the Official Information Act 1982 (OIA), be released . Where that is the case, the relevant section of the OIA has been...

10. LCRO 277/2016 CH v DS (7 March 2019) [pdf, 175 KB]

    ...[1] CH has applied for a review of the determination by [Area] Standards Committee to take no further action in respect of his complaints about DS. Background [2] CH’s wife instructed DS with regard to separation and relationship property matters. On 26 January 2016 DS sent a letter to CH in which she said: VN’s initial instructions to me were that you were in the family home and had changed the locks in the home so that that property is no longer accessible to VN. I understa...