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1. TN v LR LCRO 42/2013 (14 April 2016) [pdf, 77 KB]

   ...Winkelmann J provided helpful guidance on the nature and scope of an LCRO review. She described the review framework in the Act as creating “a very particular statutory process”.2 [27] Her Honour noted that the power of review is much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reachi...

2. [2012] NZEmpC 209 The Pulp & Paper Industry Council of the Manufacturer& Construction Workers Union v Norske Skog Tasman Ltd [pdf, 114 KB]

   ...is clear. In terms of Vector Gas Ltd v Bay of Plenty Energy Ltd, 7 the Court is required to apply a principled approach to the interpretation of employment agreements and any dispute as to meaning must be determined objectively. The Court of Appeal in Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc, 8 affirmed that the decision of the Supreme Court in Vector Gas, although applying to the construction of a commercial agreement, was applicable to the...

3. Legal Submissions for Wellington International Airport Limited (dated 13 April 2018) [pdf, 114 KB]

   ...parties or submitters to join the proceedings. 19. In my submission successors to any 274 parties would automatically be able to continue their involvement in the direct referral process4 and any successors to a submission could seek to join the appeal as a section 274 party using the waiver process described above. 1 Section 274(1)(d) of the RMA 2 Section 274(1)(e) of the RMA 3 Te Mauri o Te Wai Inc v Northland Regional Coun...

4. Hohepa v Cassidy - Waima C30A and Waima Topu B (2018) 182 Taitokerau MB 166 (182 TTK 166) [pdf, 337 KB]

   ...Torts in New Zealand, which states damages are recoverable for consequential loss, such as loss of profits or expenses incurred as a result of the trespass, provided it is not too remote.9 This commentary refers to the decision of the Court of Appeal in Mayfair Ltd v Pears.10 [47] In Mayfair, the defendant unlawfully parked his car in a building on the plaintiff’s land. The car caught fire causing damage to the building. The Court held that the defendant was not liable for th...

5. JG v RS LCRO 245 / 2010 (15 March 2012) [pdf, 97 KB]

   ...rendered by us to our client, the plaintiff, were irrelevant to that process and should not have been taken into consideration in the Committee’s overall determination” [44] If Mr JG took issue with Judge Cunningham’s decision, he should have appealed it to the High Court. The complaints process and this review is no substitute for an appeal and both the Standards Committee and myself must proceed on the basis of the Judge’s decision. [45] That decision was that the Co...

6. BORA Financial Advisers Bill [pdf, 375 KB]

   ...the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person’s rights, obligations, or interests protected or recognised by law. The Court of Appeal has stated that observance of the principles of natural justice is a flexible concept and is very much fact specific. 65. The right in section 27(1) affirms that decisions are made in a procedurally fair way. Natural justice requires, in...

7. Graeme James Lawrence - Evidence in Chief - Supplementary [pdf, 1.1 MB]

   BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 ) IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANA TRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent STATEMENT OF SUPPLEMENTARY EVIDENCE OF GRAEME JAMES LAWRENCE ON BEHALF OF MOTITI ROHE MOANA TRUST 31 1h October 2017 738 739 INTRODUCTION 1. My name is Graeme James Lawre...

8. Watene v Edwards - Mangaroa X (2021) 87 Takitimu MB 190 (87 TKT 190) [pdf, 321 KB]

   ...that directly or indirectly affects any contract in which that person may be interested or concerned other than as a trustee of another trust. [22] An important authority on the role of trustees in the adherence to their duties is the Court of Appeal judgment Rameka v Hall.7 In that decision, the Court confirmed that trustees of Māori land remain bound by orthodox terms of trust and trust law principles 7 Rameka v Hall [2013] NZCA 203. See also Apatu v Trustees of Owhaoko C...

9. D v IAG New Zealand Ltd [2022] CEIT-2020-0014 [pdf, 619 KB]

   ...case. I do not consider that the ruling in Sleight applies to this case. [104] There is no suggestion that WD would not consider this matter finalised based on what I order IAG to pay for his property under the Policy, and subject to his right to appeal this decision. That is, it is WD who seeks a lump sum to finalise his claims against IAG once and for all, as opposed to wanting to hold IAG liable for further as yet unclaimed payments as the repair progresses. My decision is a judi...

10. Paerau v Trustees of Te Komiti 1B2B2 Ahu Whenua Trust (2017) 147 Taitokerau MB 241 (147 TTK 241) [pdf, 212 KB]

    ...connected by whakapapa to the land and each other. On occasion, an award of costs will frustrate this aim. 13 Nicholls v Nicholls – Part Papaaroha 6B Block [2011] Māori Appellate Court MB 64 (2011 APPEAL 64). 147 Taitokerau MB 246 [17] Mr Paerau is a beneficiary of the whānau trust, which in turn is a beneficiary of this trust. As such, it could be argued that an award of costs is not appropriate in this case as it...