Search Results

1. Masson v REAA & Damerell, Aikin, Lafferty [2013] NZREADT 26 [pdf, 64 KB]

   ...tolerance he had given her to that point (so he put it), he readily decided not to re-open the bidding. [33] Among the many questions put to the appellant was that her strategy to make a bid at the very last moment she could “had some risk”, but her response was “no, I had disclosed my hand”. This meant that she had told Ms Aikin, in particular, that her bid would be coming very late in the auction. We find the evidence to be clear that was passed onto the auctioneer by Ms Aiki...

2. Director of Proceedings (EFG) v Commissioner Police [2012] NZHRRT 8 [pdf, 87 KB]

   ...whom the investigation relates of – (i) the details of the complaint (if any) or, as the case may be, the subject-matter of the investigation; and (ii) the right of that person to submit to the Commissioner, within a reasonable time, a written response in relation to the complaint or, as the case may be, the subject matter of the investigation. [44] The statutory scheme thus envisages the formulation of a written complaint and the provision of details of that complaint to the person...

3. Auckland Standards Committee v Fendall [2012] NZLCDT 1 [pdf, 92 KB]

   ...position Ms Fendall has adopted throughout the audits and investigations, and to the matters raised in submissions by both counsel, we consider that to remove Ms Fendall from practice by suspending her would be an unnecessary and excessive regulatory response. The public interest does not require that Ms Fendall be removed from practice. As to public protection, there is little risk of her repeating her mistakes. As to public confidence in the profession, Ms Fendall has been charged, a...

4. H & Anor v CAC 20004 & Anor [2014] NZREADT 58 [pdf, 112 KB]

   ...offending than unsatisfactory conduct. The complainant also seemed to be seeking further financial reimbursement. 10 Our Views [59] There were quite detailed submissions by the appellant licensees, and from counsel for the Authority in response, over the issue whether the procedures of the Committee complied with natural justice. We have no reason to believe that there has been any non-compliance but, in any case, this case has been fully reheard before us de novo so that,...

5. [2015] NZEmpC 63 Premier Events Group Ltd v Beattie Ors [pdf, 249 KB]

   ...stay in that forum. 8 [23] Finally, counsel submitted that the Court of Appeal also held that PEGL was neither required to, nor could, make an election in respect of remedies until this Court’s liability judgment was released. 9 [24] In response to Mr Beattie’s assertions, PEGL denies that its application for stay is motivated by a desire to avoid paying him costs. It says, first, that this assumes that Mr Beattie will be awarded costs although this is said to be “highl...

6. Young v ACC [2014] NZACA 7 [pdf, 57 KB]

   ...under s 113 to review its assessment of earning capacity from time to time. The amount of earnings related compensation payable is, of course, related to the degree of loss of earning capacity. It follows that in October 1979 the Commission had a responsibility to measure the loss of earning capacity of the appellant and I feel bound to say that in making this measure the Commission would be obliged, inter alia, to look at current wage rates.” [21] Having determined that amount of...

7. Baigent v ACC interim [2014] NZACA 15 [pdf, 55 KB]

   ...Davis asked whether the hourly rates were acceptable and whether Mr Baigent wished to review only the hourly rate for the historic period? If not, then he asked Mr Miller to tell ACC what the period was. [8] On 15 June 2006, before Mr Miller’s response was received, ACC paid Mr Baigent $455,092.00 for backdated attendant care, based upon the ordinary care rate rather than the registered nursing rate. I do not have a copy of the decision letter nor any evidence of the ongoing negotia...

8. 2017 NZSSAA 039 (20 July 2017) [pdf, 204 KB]

   ...under s 21 of the Lawyers and Conveyancers Act 2006 she was not entitled to hold herself out as "counsel" for the appellant. Accordingly the submissions have been treated as submissions by Mr McKenzie QC. [8] The Ministry filed its response to these submissions on 5 September 2016. [9] The parties agreed to this appeal being determined on the basis of their written submissions. The case for the appellant [10] Mr McKenzie’s submissions focus on two legal poi...

9. [2017] NZEnvC 168 Mawhinney v Auckland Council [pdf, 2 MB]

   ...history of that proceeding is described in the Environment Court's decision in Mawhinney (formerly Kitewaho) v Auckland CounciF. The decision recorded that: During the course of the hearing8, Mr Mawhinney on behalf of Kitewaho, sensibly and responsibly abandoned the many forms of relief sought, save for one: 6.1 Subdivision That, in respect of the land known as Waitakere Forest, the Proposed District Plan be amended to allow any form of subdivision and development which is in...

10. BORA Countering Terrorist Fighters Legislation Bill [pdf, 362 KB]

    ...the important objective of protecting national security, public order, safety and the rights of others. We consider them to be rationally connected with this objective, proportional, and minimally impairing of rights. The Bill 5.The Bill is a response to the continuing and rapidly evolving threat posed by FTFs and other violent extremists. The Bill contains targeted amendments that will enhance powers to monitor and investigate, and to restrict and disrupt travel of FTFs. 6.On 24 Se...