Search Results

1. Cooper v Standards Committee LCRO 280/2013, 281/2013, 324/2013, 325/2013, 34/2014, 118/2014 (17 April 2015) [pdf, 406 KB]

   ...publication, or against the interests of the appellant in carrying on his profession uninhibited by any adverse publicity. [5] I note immediately that unlike some disciplinary jurisdictions, the proceedings of a Standards Committee are presumptively private. Accordingly the “open justice” reasons are not dominant. Rather the focus must be on the protective role that professional orders play. [6] The analysis therefore requires a balancing of the promotion of the interests of the p...

2. [2012] NZEmpC 38 Munro v Hibiscus Coast Security [pdf, 112 KB]

   ...Munro was confirmed by way of letter dated 14 October 2008 from the General Manager, Mr Preston. Mr Preston advised that he considered that Mr Munro may have committed serious misconduct and that he would be suspended without pay until a complete investigation had been carried out, including any third party investigation. Mr Munro was advised that he would be notified of a meeting to discuss potential outcomes following the investigation. It is clear that the reference to third p...

3. [2018] NZEnvC 012 Mt Wellington Highway Ltd & Jaafar Holdings Ltd v Auckland Council [pdf, 879 KB]

   ...in terms of s 24(7)(b) of the consideration given to alternative sites, routes or other methods of achieving the objectives. The objectors will raise issue as to: 3. 1 Whether the respondent adequately considered alternatives that did not involve privately owned land. 3.2 Whether the respondent adequately considered the impact on the objectors and their land and/or Interests in land, of the taking. including the loss of potential development opportunities. 3.3 Whether the respondent...

4. Erlbeck - Tikitiki D9 Incorporation (2007) 171 Gisborne MB 55 (171 GIS 55) [pdf, 260 KB]

   ...the parties, Mr Alan Baldwin of Roberts Harper was appointed as examining officer to investigate the affairs of the Committee of management and report to the Court. [5] On 15 February 2006 the Court directed the examining officer to confine his investigation to the issues raised in the application, namely: (a) Detailed reasons for the Committee of Management failing to comply with section 276(7) ofTe Ture Whenua Maori Act 1993 in respect of the 2004 Annual General ~v1eeting and \v...

5. [2007] NZEmpC WC 29/07 Hawkins v Commissioner of Police [pdf, 91 KB]

   ...years in 2000 and 2001 she counselled seven Taumarunui officers because of concerns including morale at the station. [39] Mr Hawkins believes he got on Detective Sergeant Webb’s wrong side when in 1997/98 he successfully took control of an investigation into a number of arsons while Detective Sergeant Webb was away. [40] Another officer was so dissatisfied with the treatment she was receiving by Detective Sergeant Webb that Detective Inspector Doug Brew from central police h...

6. ORC - Statement of Evidence - Felicity Boyd - 3 September 2021 [pdf, 3.3 MB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-128 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Omnibus Plan Change - Plan Change 8, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA OTAG

7. MC v AD LCRO 222 / 2011 (31 July 2012) [pdf, 60 KB]

   ...from Mr AD in the various proceedings. Preliminary matters [10] Mrs MC requested permission to record the hearing. Section 206(1) of the Lawyers and Conveyancers Act 2006 provides that every review conducted under the Act is to be conducted in private. This Office records its hearings but requires to retain control over the dissemination of recordings of the hearings. I therefore declined Mrs MC’s request to record the hearing. She may apply to this Office for a copy of the...

8. UU v UX [2019] NZDT 1547 (25 September 2019) [pdf, 153 KB]

   ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Ground for Appeal There is only one ground for appealing a decision of the Tribunal. This is that 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. A Notice of Appeal may be obtained from the Disputes Tribunal website. The Notice must be filed at the District Court of which the Tri...

9. KI & LG v CN & MT [2019] NZDT 1507 (30 May 2019) [pdf, 155 KB]

   ...appearance of authority can be created by maintaining a silence, or by failing to make known to the third party that the agent’s authority has been revoked. The scope of apparent authority is measured by the authority as it appears to others, and private limitations cannot affect the agent’s apparent authority. 11. CN argued that he never authorised MT to represent him at the meeting, and that he did not want her to attend. However, I find that he at least created an appearance that M...

10. QU v LG [2023] NZDT 775 (18 December 2023) [pdf, 194 KB]

    ...induce QU to enter into the contract? d. If so, is QU entitled to a full refund of $12,000.00 and to return the horse to LG? Did LG make any representation regarding [The horse]? 3. Generally there is little protection for a purchaser in a private sale. The legal maxim is ‘caveat emptor’ which means ‘let the buyer beware.’ However there may be some protection available to a purchaser if the seller has made a misrepresentation, as provided by section 35 of the Contract and...