Search Results

1. [2013] NZEmpC 145 AARTS v Barnardos NZ and Ors [pdf, 185 KB]

   ...submissions constitute a reiteration of the merits of the plaintiff’s case which have already been decided. They cannot be re-litigated on an application for costs. In any event, I am aware that there are applications for leave to the Court of Appeal to both appeal and cross appeal against this Court’s judgment. [60] As to Mr Aarts’s claim for costs against the remaining defendants, Mr Lee submits that he has put in an estimated 7,000 hours of work on this case on behalf of...

2. LCRO 59/2021 RY v QX (21 December 2022) [pdf, 255 KB]

   ...scope of review [54] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:18 … 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 th...

3. [2016] NZEmpC 129 Maharaj v Wesley Wellington Mission Inc [pdf, 155 KB]

   ...Contracts Act 1991, which applied when that case was decided, and frivolous in cl 15 should be equated with futile. In STAMS the proceeding before the Court was considered frivolous because it was misconceived. It was misconceived because the appeal in that case had not survived a settlement negotiated in the lead-up to trial. Mr Dearing submitted that, applying this approach, the same outcome should be reached in relation to Mr Maharaj’s proceeding. Mr Maharaj had settled his c...

4. [2021] NZEnvC 146 Ngati Paoa Trust Board v Kennedy Point Boatharbour [pdf, 437 KB]

   ...thereafter adapted to avoid any detected impacts from construction works. c) Condition 61: … the construction work within the penguin breeding season will be reduced to the greatest extent practicable. Mr Gardner-Hopkins referred to the Court of Appeal decision in Gillies Waiheke Limited v Auckland City Council7 in which it was said: … the approach to the interpretation of a consent and the accompanying conditions is an objective one. That is, what would the reasonable obser...

5. Neemia v International Waste Ltd [2021] NZHRRT 32 [pdf, 182 KB]

   ...aware that Mr Neemia was subject to a number of disciplinary investigations as he was kept appraised in similar ways when other employees were subject to these procedures. Mr Richardson confirmed that under company procedures Mr Neemia could have appealed any of the disciplinary decisions to him, but he never did so. [37] Mr Richardson said he was frequently at the site where Mr Neemia worked and at times would stop and chat with him as he did with all staff, and said that these interac...

6. LCRO 152/2017 CS v GB (22 May 2018) [pdf, 248 KB]

   ...scope of review [41] 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 that...

7. LCRO 122/2018 ZQ v VX (30 October 2018) [pdf, 274 KB]

   ...scope of review [34] 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...

8. Kui - Estate of Te Paea Hami Oru [2019] Chief Judge's MB 577 (2019 CJ 577) [pdf, 475 KB]

   ...Chief Judge’s MB 586 k) I note that the provisions of section 48(1) of the Act state that: 48 Matters already finalised or pending (1) No order made by the Chief Judge under section 44 of this Act, or made by the Appellate Court on appeal from any such order, shall take away or affect any right or interest acquired for value and in good faith under any instrument of alienation registered before the making of any such order. Details of subsequent Orders affecting l...

9. Horowhenua-District-Council-Cover-Letter-Form-7a-and-Form-18-20221101.pdf [pdf, 534 KB]

   ...which has given key potential submitters and the community a sound understanding of the Project and the matters that are likely to be issues in respect of the applications; and − a decision made by GW would likely come to the Environment Court on appeal because there is significant local and regional interest in the Project and there are a number of potentially affected parties such that the likelihood of an appeal is high. • The Ō2NL Project is complex, because it includes substan...

10. LCRO 58/2021 EW v YL (29 October 2021) [pdf, 187 KB]

    ...scope of review [25] 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...