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1. KD v N Ltd & HX [2023] NZDT 424 (3 July 2023) [pdf, 280 KB]

   ...PLEASE NOTE: A rehearing will not be HXed 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 procee...

2. Duty Lawyer Policy v2.15.pdf [pdf, 302 KB]

   ...commitments by the supervising duty lawyers or team leaders, they should notify the supervising duty lawyers or designated court staff of all the time spent on those other commitments and ensure that the time is recorded as a deduction under the “Private work/Lunch” column of the Duty Lawyer Attendance and Invoice form. Rostered and replacement duty lawyers must: • ensure that the supervising duty lawyer or court staff is aware of their start and finish times, including their l...

3. [2023] NZREADT 33 - CAC 2102 v LL (4 December 2023) [pdf, 240 KB]

   ...privacy of the complainant (if (any)) and to the public interests, it may make 1 or more of the following orders: (a) an order prohibiting the publication of any report or account of any part of the proceedings before it, whether held in public or in private: … (c) an order prohibiting the publication of the name or any particulars of the affairs of the person charged or any other person. 8 Real Estate Agents Act 2008, s 107(1). 11 … [55] The Tribunal has an unfetter...

4. Duty Lawyer Policy v-2.16.pdf [pdf, 395 KB]

   ...commitments by the supervising duty lawyers or team leaders, they should notify the supervising duty lawyers or designated court staff of all the time spent on those other commitments and ensure that the time is recorded as a deduction under the “Private work/Lunch” column of the Duty Lawyer Attendance and Invoice form. Rostered and replacement duty lawyers must: • ensure that the supervising duty lawyer or court staff is aware of their start and finish times, including their l...

5. [2015] NZEmpC 58 Hoff v The Wood Lifecare (2007) Limited Industries [pdf, 177 KB]

   ...going on so just said it's probably a staff member and diverted them as they wanted to look at the deck. Then the person/visitor got a phone call and we walked out of the Studio. I reported this to the Manager when the people left. The investigation [13] On the same piece of paper Ms Berryman went on to record the following: Manager's investigation 3.50pm - Asked [the gardener] to come into the office. Said what Karen had reported. [The gardener] said that he and...

6. [2018] NZEnvC 214 King v Heritage New Zealand Pouhere Taonga [pdf, 13 MB]

   ...cultural value of the sites or for the purpose and principles of the Act or for the relationship of Maori and their culture and traditions with their ancestral lands, water, wahi tupuna, wahi tapu and other taonga. They raise complaints that the investigation of the archaeology of the area is incomplete and that there has been insufficient consultation with tangata whenua. [6] In response, HNZPT says that the Authority granted by it excludes areas of archaeological sites, includin...

7. ENVC Matiatia party corresp WMLDec14 draft conditions of consent [pdf, 251 KB]

   ...time. 3. Council Access to the Site The servants or agents of the Auckland Council (Council hereafter) shall be permitted to have access to relevant parts of the site at all reasonable times for the purpose of carrying out inspections, surveys, investigations, tests, measurements and/or to take samples. 4. Monitoring The consent holder shall pay the Council an initial consent compliance monitoring charge of $3000.00 (inclusive of GST), plus any further monitoring charge or charges...

8. Tank Trust v Auckland Council & Anor [2013] NZWHT Auckland 15 [pdf, 237 KB]

   ...address this property. [23] Mr Wiemann said that the level of contingency depended on the quality of investigation and whether the scope of work adequately reflected the complexity of the building. In his view this property had been well investigated and was not overly complex. Mr Wiemann described the scope of works as well thought out and said in his view a 10 per cent contingency figure was adequate. Page | 9 [24] This property has been thoroughly investigate...

9. LCRO 27/2021 BK v RQ (27 August 2021) [pdf, 223 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 th...

10. LCRO 88/2018 MC v OT (24 December 2018) [pdf, 225 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” … 4 Deliu v Hong [2012] NZHC 158, [2012]...