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1. Brown v New Zealand Post Ltd (Recusal Application) [2016] NZHRRT 37 [pdf, 287 KB]

   ...was no disagreement before us concerning the test for apparent bias. After some semantic differences, the test in the United Kingdom and the test in Australia have become essentially the same. In Muir v Commissioner of Inland Revenue, the Court of Appeal brought New Zealand law into line. In the Australian case of Ebner v Official Trustee in Bankruptcy the leading judgment was given by Gleeson CJ and McHugh, Gummow and Hayne JJ. They stated the governing principle that, subject to qualifi...

2. LCRO 118/2018 VT v MQ (18 March 2020) [pdf, 157 KB]

   ...of review under the Act:1 1 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 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 that...

3. LCRO 215/2018 WN v ZD (31 October 2019) [pdf, 162 KB]

   ...scope of review [29] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … 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 tha...

4. CAC301 v Mairs [2015] NZREADT 63 [pdf, 225 KB]

   ...market and sell the property at auction. [49] One of the owners engaged Barfoot & Thompson Pukekohe and executed a listing agreement in relation to the sale of the property. That listing agreement was not signed by the other owner. The issue on appeal was whether the licensee’s failure to obtain the signature of the other owner constituted unsatisfactory conduct for the purposes of the Act. [50] At [22], Lang J accepted that “an agent would ordinarily be wholly remiss if he...

5. LCRO 5/2020 AJ v BN (30 September 2020) [pdf, 263 KB]

   ...scope of review [37] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:6 … 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 tha...

6. Marywil Investments Ltd v North Shore Ctiy Council [pdf, 65 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2008-100-000031 BETWEEN MARYWIL INVESTMENTS LIMITED as Trustee of the MARYWIL TRUST Claimant AND NORTH SHORE CITY COUNCIL First Respondent AND MURRAY AITKEN Second Respondent AND PLASTER SYSTEMS LIMITED Third Respondent AND RICHARD POTTER Fourth Respondent AND MW AITKEN ENTERPRISES LIMITED Fifth Respondent AND HENDRIK KANON Sixth Respondent Hearing: 9 and 10 June 2009 Appearances: S Thodey and R Karal

7. [2015] NZEmpC 19 Atkinson v Phoenix Commercial Cleaners Limited [pdf, 261 KB]

   ...as Bryson, 2 there is now a significant judgment of the Supreme Court of the United Kingdom 3 that I will also consider in this judgment. Bryson is the only case under s 6 that has been considered by the Supreme Court or indeed the Court of Appeal in this country. Analysis of the Supreme Court’s judgment reveals that it focuses significantly on the role of the Court of Appeal in employment proceedings as well as establishing, in more than general terms, the interpretation and...

8. [2020] NZIACDT 42 - NMS v Mercado (1 October 2020) [pdf, 270 KB]

   ...director cancelled the amendment to the complainant’s employment agreement, so that all her work was as a PA at DEFL. [33] On 29 June 2018, Mr Mercado advised the complainant that the visa officer may have erred in declining the visa. He said an appeal to the Immigration and Protection Tribunal (IPT) could be prepared. [34] An appeal to the IPT was filed on 2 July 2018. [35] The IPT issued a decision on 14 February 2019 declining the appeal. It was found that the complainant h...

9. KL v WS LCRO 160/2013 (15 June 2016) [pdf, 89 KB]

   ...and Scope of Review [9] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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...

10. [2016] NZEmpC 32 Bhikoo v Stephen Marr Hair Design Newmarket Limited [pdf, 239 KB]

    ...accountant) in combination it was an aggravating feature, particularly as the use related to expenditure after he was stood down on ‘gardening leave’. [35] Mr Wicks, counsel for the defendant, in his closing submissions referred to the Court of Appeal’s judgment in BP Oil NZ Ltd v Northern Industrial District Distribution Workers’ Union. 5 That case and decisions of the Employment Court and 3 Yan v Commissioner of Inland Re...