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1. ENV-2016-CHC-000071 Affidavit of Mr Murray Valentine [pdf, 18 MB]

   ...included at Tab C of the Bundle. 19 Both the Simons Hill and Simons Pass decisions dealt in detail with terrestrial ecology and landscape which included the effects of the clearance of vegetation on the areas to be irrigated. Environment Court appeals 20 Following the grant of consent, Royal Forest & Bird filed an appeal to the Environment Court against the grant of consent. Mackenzie Guardians Inc. became a s274 party to these appeals. 21 What followed was a long process of...

2. Non-discrimination standards for government guidelines [pdf, 392 KB]

   ...political institutions which enhance the participation of individuals and groups in society. 10 R v Oakes [1986] 15 CR 103. 23 How to apply section 5 of the Bill of Rights Act The New Zealand Court of Appeal, in Moonen v Film & Literature Review Board,11 has developed a set of guidelines for assessing whether any limitation imposed on a right or freedom affirmed by the Bill of Rights Act is “demonstrably justified” in terms of sec...

3. Doria v Diamond Laser Medispa Taupo Limited & Ors [2025] NZHRRT 12 [pdf, 335 KB]

   ...the basis that the Tribunal had no jurisdiction to deal with the claim as it constituted a parental leave complaint under PLEPA. That application was dismissed by the Tribunal, a decision that was later upheld by both the High Court and Court of Appeal.3 [19] The proceedings in the Tribunal were stayed at the application of the defendants, from March 2019 to November 2020 while the judicial review and appeal from the judicial review decision of the High Court were heard. 3 Do...

4. LCRO 61/2024 VO and EO v Law Firm A and Ors (16 April 2025) [pdf, 319 KB]

   ...natural justice.9 [53] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:10 … the power of review conferred upon 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 t...

5. [2006] NZEmpC CC 13/06 Angel & Anor v Fonterra Cooperative Group Ltd [pdf, 99 KB]

   ...process. The key question was whether the actions of the plaintiffs were capable of constituting serious misconduct. The Authority held that the matter was one of negligence and relied on W & H Newspapers Limited v Oram1 where the Court of Appeal held that a single act of carelessness when sufficiently serious can impair trust and confidence. [6] Having found that the employees had breached the integrity of the product safety systems the Authority held that their actions wer...

6. LCRO 53/2021 ST on behalf of the Executors of the Estate of KK v QM, WP, RS and DJ of ABC Law Limited (9 March 2022) [pdf, 274 KB]

   ...in Deliu v Connell where the Court said a review “involves the LCRO coming to his or her own view of the fairness of the substance and process of a Committee’s determination”.33 [37] [Law firm B] submit that this is confirmed by the Court of Appeal in Keene v Legal Complaints Review Officer where it was said that the primary obligation of the LCRO is to “exercise their own judgment about the appropriate determination to make in respect of a complaint, having regard to all relevan...

7. Munro-Anderson & Ors as Trustees of the Munro-Anderson Trust v Reed [pdf, 62 KB]

   ...the High Court that adjudicators did not have the power to make awards of general damages. This was in a judgment by Stevens J in Hartley v Balemi & Ors, Auckland High Court, CIV 2006-404-002589, 29 March 2007. This judgment considered an appeal against a WHRS adjudication Determination, in which the learned judge held that general damages claims for mental stress did not fit comfortably within the overall scheme of the WHRS legislation and its underlying policy consideration...

8. Wikitera v Anderson - Rangitoto Tuhua 70B No 1B (2015) 106 Waikato Maniapoto MB 201 (106 WMN 201) [pdf, 235 KB]

   ...Court to consider whether there is an arguable defence to a plaintiff’s claim, sufficient to resist an application for summary judgment, before ordering a stay of proceedings. [50] The Supreme Court considered the approach taken by the Court of Appeal in its consideration of the word “finds”. The Court of Appeal had found that “finds” indicates that Parliament contemplated a judicial inquiry, which would normally involve affidavit evidence and legal submissions as to the...

9. LCRO 15/2021 JBC Limited v KD (24 August 2021) [pdf, 209 KB]

   ...the High Court, which said of the process of review under the Act:12 12 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 9 … the power of review conferred upon 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...

10. Ngamoki-Cameron - The Proprietors of Mangaroa (2015) 119 Waiariki MB 225 (119 WAR 225) [pdf, 323 KB]

    ...decision would issue in due course concerning the validity of Mr Koopu’s resignation and the issues arising from that event. As foreshadowed, I issued my decision on Mr Koopu’s resignation on 12 March 2014. 3 That judgment was not subject to appeal or review. [7] On 2 May 2014 a further hearing was held and it was greed that a special general meeting of shareholders would be convened on 21 June 2014. 4 The meeting was to be overseen by an independent facilitator. 5 I then b...