Search Results

1. FA v HR and others [2024] NZDT 670 (20 August 2024) [pdf, 107 KB]

   ...4. The issues to be determined are: a) Does FA have an action against any of the respondents in nuisance? b) If so, what sum (if any) should be awarded? Does FA have an action against any of the respondents in nuisance? 5. An action for private nuisance protects a person’s right to the use or enjoyment of an interest in land. The interference with use and enjoyment of land must be substantial and unreasonable. If the nuisance causes physical damage or loss of property, the Trib...

2. LG v HX [2024] NZT 681 (12 September 2024) [pdf, 97 KB]

   ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a 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 pro...

3. KS v B Ltd [2024] NZDT 540 (10 July 2024) [pdf, 92 KB]

   ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a 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 pr...

4. [2018] NZEnvC 179 Panuku Development Auckland Limited v Auckland Council [pdf, 11 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC r=J-q of the Resource Management Act 1991 of a Notice of Motion under s 87G of the Act requesting the granting of resource consents for the necessary infrastructure and related activities associated with holding the America's Cup in Auckland PANUKU DEVELOPMENT AUCKLAND LIMITED ('PANUKU') (ENV-2018-AKL-0

5. Wellington Standards Committee v Nalder [2015] NZLCDT 5 [pdf, 142 KB]

   ...arrears and current month’s payment by the 17 November 2013 or Stage 1 of Debt Collection will commence. This will involve informing the appropriate people in regards to the obtaining and leaking of confidential information pertaining to W’s private affairs from Simpson & Co law firm. (Signed complainant).” [26] This email was provided to the Law Society by Ms Nalder in her response to the complaint which was lodged on 27 November 2013. Ms Nalder, in her unchallenged evid...

6. [2016] NZSSAA 50 (31 May 2016) [pdf, 44 KB]

   ...issues and that this impacts on her ability to support herself from wages at the present time. [23] No submission has been made on the impact repayment of the debt might have on the appellant’s children. They are currently teenagers attending a private school. [24] The appellant’s reporting of her financial circumstances is not supported by any documentary evidence. We consider her claims in relation to her financial circumstances to be unreliable. We are not satisfied that she...

7. Singh v the Registrar of Immigration Advisers [2016] NZIACDT 25 (17 May 2016) [pdf, 140 KB]

   ...Registrar’s decision not to refer a complaint to the Tribunal, because she considered it disclosed only trivial or inconsequential matters. [2] The appellant provided his grounds of appeal, the Registrar replied with an affidavit from her senior investigator, and Mr Singh replied with his affidavit. [3] The Tribunal has to decide whether the material now before it is sufficient to conclude it should hear the complaint. [4] The Tribunal has allowed the appeal, as the complainant has...

8. [2017] NZEmpC 100 Lyttelton Port Company Ltd v Arthurs [pdf, 148 KB]

   ...practice in contravention of section 22 Human Rights Act 1993 and section 104 Employment Relations Act 2000. (Original emphasis) [3] The plaintiff applied to strike out that paragraph because the discrimination claim was abandoned during the investigation meeting and was not part of the matter placed in issue by its challenge. [4] At para [40] of the determination, the Authority recorded Mr Arthurs having abandoned part of his claim in the following way: “At the beginning o...

9. Archived Compensation Guidelines for Wrongful Conviction and Imprisonment 19 Aug 2020 [pdf, 732 KB]

   ...capacity. Costs of challenging wrongful conviction and pursuing compensation application 37 Reasonable costs, as specified in paragraph 29(c) and (d), can include: a Legal costs; Arch ive d 7 b Costs of engaging other professionals such as private investigators, medical specialists, accountants, or actuaries. 38 Reasonable legal costs should be assessed with reference to the Crown Solicitor rates set by the Solicitor- General for work on criminal prosecutions on instructi...

10. TS v L Ltd [2023] NZDT 530 (10 October 2023) [pdf, 213 KB]

    ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a 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 pro...