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1. LCRO 184/2020 BC v NP and RS decision & minute (20 May 2021 & 30 April 2021) [pdf, 257 KB]

   ...scope of review [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:17 … 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...

2. [2017] NZEmpC 110 Below v The Salvation Army NZ Trust [pdf, 131 KB]

   ...increase or contain costs. 6 In reliance on Items 9, 11/14, 12/15, 13, 16, 43, 45, 46 and 47. [12] The principles are well established and uncontroversial, as described in the Court of Appeal judgments of Victoria University of Wellington v Alton-Lee, 7 Binnie v Pacific Health Ltd 8 and Health Waikato Ltd v Elmsly. 9 [13] Under the scale, the assessment of reasonable costs may be made by applying the daily recovery rate...

3. [2021] NZIACDT 24 - HT v Shaikh – Sanctions (7 October 2021) [pdf, 195 KB]

   ...(counsel lists 12). In Emberson, an adviser’s tardiness resulted in an application no longer meeting the criteria and there was no fine, despite the adviser not engaging with the Tribunal.2 In Guich, also where an adviser’s breach led to an appeal being filed out of time, there was a fine of $1,000 yet the adviser did not adopt a mature attitude, showed no remorse and learned nothing from the complaint.3 [18] Mr Moses submits that Mr Shaikh will already have to contend with...

4. Zhai v The Real Estate Agents Authority [2018] NZREADT 33 [pdf, 178 KB]

   ...Accordingly, Mr Zhai’s application for review is dismissed. zhai-v-the-real-estate-agents-authority-[2018]-nzreadt-33 [31] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. ___________________ Hon P J Andrews Chairperson __________________ Ms C Sandelin Member...

5. The Proprietors of Potikirua Block Incorporation v Te Kani - Lot 1 Deposited Plan 8212 [2013] Chief Judge's MB 248 (2013 CJ 248) [pdf, 200 KB]

   ...Appellate MB 64 (15 WGAP) and Riddifordv Te Whaiti (2001) 13 Takitimu Appellate MB 184 (13 ACTK 184). These are authorities for the following principles: 3 Henare v Maori Trustee -Parengarenga 30 (2012) 2012 MaoriAppellate CaurtMB 540 (2012 APPEAL 540) at 541-543. ( ( 2013 Chief Judge's MB 251 a) The Court has au absolute and unlimited discretion as to costs; b) Costs normally follow the event; c) A successful party should be awarded a reasonable contribution to...

6. BORA Business Law Reform Bill [pdf, 392 KB]

   ...Rights/Human Rights Team Footnotes 1 R v Keegstra [1990] 3 SCR 697,729,826 2 RJR MacDonald v Attorney-General of Canada (1995) 127 DLR (4th)1 3 In applying section 5, the Ministry of Justice has regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260 Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754 and Supreme Court of Canada’s decision in R v...

7. [2018] NZEnvC 247 Gisborne District Council v O'Connell & de Cent [pdf, 635 KB]

   ...and the Respondents requiring the activities to cease, all of which proved to be fruitless. The Council had served parking infringement notices, resource management infringement notices and an abatement notice on Mr O'Connell, who had not appealed the abatement notice, nor contested any of the infringement notices, nor paid any of the infringement fees. A feature highlighted in Mr Dobbie's affidavit was threatening and abusive conduct on Mr O'Connell's part towards...

8. PSPLA - Individual licence annual return form [pdf, 295 KB]

   ...section 65 of the Land Transport Act 1998, or an earlier equivalent provision?  Yes  No Have you ever been ordered by a New Zealand court to be imprisoned following conviction for an offence and that conviction or order has not been quashed on appeal?  Yes  No In the last 7 years, have you ever been convicted by a New Zealand court of an offence under the Private Security Personnel and Private Investigators Act 2010 or Private Investigators and Security Guards Act 1974 for...

9. [2021] NZEmpC 167 UXK v Talent Propeller Ltd [pdf, 379 KB]

   ...mouth), in the situation where that will undermine the very purpose of the suppression order, is captured by the section. The section does not encompass the dissemination of information to persons with a genuine need to know or, as the Court of Appeal put it, “a general interest in knowing”, whether genuineness of the need or interest is objectively established. [106] The court went on to consider whether, on the facts of that case, the disclosure that had occurred would underm...

10. Team Leader AODTC PD 2023 [doc, 131 KB]

    ...Service Delivery Group is responsible for the Ministry's operational services, including the courts, tribunals, Legal Aid, centralised national services and provider and community services. The services we deliver support access to the Court of Appeal, High Court, 58 District Courts, Coroner’s Court, Environment Court, Employment Court and Māori Land Court. We want the judiciary to receive quality, effective support, wherever they are. We also operate 29 tribunals, authorities and com...