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1. BC v BQ [2024] NZDT 390 (5 June 2024) [pdf, 142 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...

2. Auckland Standards Committee v Ram [2011] NZLCDT 32 [pdf, 82 KB]

   ...incorrectly, to be his employers and thus persons to whom he could provide regulated services under his “in-house” practising certificate. This all took place within a short time of his admission to practice, and his inexperience showed, attracting an investigation 4 which resulted in the charges to which he pleaded guilty. This episode highlights the need for the controls which exist on the right to practise on own account, and the value in new practitioners aligning themselves...

3. MC v IS [2025] NZDT 145 (24 March 2025) [pdf, 107 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...

4. National Standards Committee 1 v Peters [2025] NZLCDT 20 (9 April 2025) [pdf, 160 KB]

   ...restrictive intervention”. We also considered the words of her Honour Winkelmann J in Hart where she said:6 …the manner in which the practitioner has responded to the charges may also be a significant factor. Willingness to participate fully in the investigative process, and to acknowledge error or wrongdoing where it has been established, may demonstrate insight by the practitioner into the causes and effects of the wrongdoing. This, coupled with acceptance of responsibility for...

5. Guide for Policy and Legal Advisors

   ...Manifestation of religion and belief This provides that every person has the right to manifest that person’s religion or belief in worship, observance, practice, or teaching, either individually or in community with others, and either in public or in private. The section 15 right concerns how a person acts on their belief. It is likely that it also applies to religious groups (in addition to individuals) and their manifestation of their religion. Section 15 should be considered when developin...

   Located in:

   1. Justice sector & policy >
   2. Constitutional issues & human rights >
   3. The Bill of Rights Act

6. Pope v Human Rights Commission (Strike-Out Application) [2014] NZHRRT 3 [pdf, 88 KB]

   ...Our reasons follow: require the rules to be construed to secure “the just, speedy and inexpensive determination of any proceeding or interlocutory application”. [47.1] Ombudsmen are appointed as officers of Parliament and Commissioners for Investigations (see s 3(1)). Every investigation by an Ombudsman must be conducted in private (s 18(2)) and an Ombudsman is under a mandatory statutory duty to maintain secrecy in respect of all matters that come to his or her knowledge in the...

7. ZA v YB LCRO 135/2014 (31 August 2016) [pdf, 76 KB]

   ...Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that purpose all the powers of a Standards Committee or an investigator and seek and receive evidence. These powers extend to “any review” … … the power of review is much broader...

8. [2019] NZEnvC 159 Auckland Council v Noe [pdf, 826 KB]

   ...Auckland Council, affirmed on 12 September 2019; and (b) Samuel Lindsay Woolley, Team Leader Soil Contamination at Thomas Consultants, affirmed on 6 September 2019. [7] The evidence of Ms Obushenkova addresses the history of the Council's investigations and enforcement action in relation to the property. She says that the property came to her attention when another Council officer reported seeing what appeared to be filling activity as he passed by. She visited the property on...

9. Saffioti & Anor v Ward & Ors [2013] NZWHT Auckland 17 [pdf, 287 KB]

   ...cause or contribute to leaks? If so, what is the loss or damage that has flowed from that work? WHAT ARE THE DEFECTS THAT HAVE CAUSED THE LEAKS? [8] Noel Casey, the assessor, and Barry Gill, the expert for Mr and Mrs Saffioti, carried out investigations and completed reports on the house. Mr Casey carried out an invasive investigation in early 2010 and took numerous moisture readings around the house. As recorded in his report he found only three areas where the moisture re...

10. Canterbury Earthquakes Insurance Tribunal Act 2019 [pdf, 521 KB]

    ...inappropriate 20 Subpart 2—Adjudication, enforcement, and appeals 37 Managing adjudication of claims and natural justice 20 38 Case management conference to prepare for hearing 21 39 Powers of tribunal 21 40 Tribunal’s powers to seek and receive evidence, investigate, and make inquiries 22 41 Expert advisers 22 42 Hearing of claim 22 Canterbury Earthquakes Insurance Tribunal Act 2019 2019 No 21 2 43 Consolidation of expert evidence on same subject matter for multiple claims 23 44...