Search Results

1. [2013] NZEmpC 150 McConnell v Board of Trustees of Mt Roskill Grammar School [pdf, 155 KB]

   ...ruling and a determination following an investigation. It is tolerably clear that what the Court was referring to was a substantive determination of the employment relationship problem. [44] Mr Oldfield submitted that s 179(5) constitutes a privative provision and accordingly ought to be construed restrictively. I do not agree. A privative provision is generally one that ousts a right of appeal or review. By contrast, s 179(5) simply operates to regulate, by deferring, the...

2. HT v SE [2020] NZDT 1397 (15 May 2020) [pdf, 189 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...

3. BW v NK [2024] NZDT 27 (19 February 2024) [pdf, 94 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. KX v M Ltd [2024] NZDT 803 (17 September 2024) [pdf, 93 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...

5. S Ltd v D Ltd [2024] NZDT 850 (14 November 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 pro...

6. Wallace v CAC 20006 & Ors [2014] NZREADT 24 [pdf, 126 KB]

   ...interviewed. She understands that the licensees relied on two factors to make the submission that the complainants were interviewed. [a] First, there is a line at [1.3] of the Committee’s unsatisfactory conduct decision which states: “After further investigation, the Committee considered further evidence gathered on 11 February 2013”. Counsel for the licensees understood that to mean that there was further evidence gathered on 11 February 2013 that the licensees were not priv...

7. [2019] NZREADT 48 - Thomson v CAC520 & Foote (7 November 2019) [pdf, 183 KB]

   ...over hers, even when the detail “was of no consequence such as whether there was a moving van or a waste bin” at the property. She further submitted that the Committee made errors in interpretation and errors of fact. She submitted that the Investigator’s report to the Committee contained several errors, and these were repeated in the Committee’s decision. Ms Thomson further submitted that the Committee did not offer her an opportunity to be heard, which might have led to...

8. Denbighshire v Galashiels LCRO 218 / 2009 (26 February 2010) [pdf, 93 KB]

   ...Galashiels did not warrant further attention. It considered that there was nothing objectionable in Mr Galashiels calling the police in the circumstances. It considered that there were no consumer protection or public interest concerns that warranted investigating the complaint further. [4] Mr Denbighshire sought a review of that decision. Relevance of wider matters [5] Mr Denbighshire submits that this matter should be considered in light of the fact that the Auckland Standards...

9. Coroner-Windley-Minute-re-next-steps-to-determine-scope-2-Dec-2021.pdf [pdf, 220 KB]

   ...If that remains the case once all further written submissions have been filed, then it will be a straightforward matter to confirm in my final decision on scope, that those particular issues will be carried through and be subject to such further investigation as may be needed, potentially including at an inquest hearing, as the inquiry progresses. [15] A number of submissions filed urged the adjournment of the Scope Hearing because of the stated need to receive information about, a...

10. LA Audit Report 2018-2019 and 2019-2020 [pdf, 401 KB]

    ...recording .................................................................................................................16 Privacy concerns .............................................................................................................17 Private payments .............................................................................................................18 Protecting the Commissioner’s interests ......................................................................