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1. [2019] NZEnvC 029 Cable Bay Wines Limited v Auckland Council [pdf, 12 MB]

   ...ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: Date of Decision: Date of Issue: IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 2- '1 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act CABLE BAY WINES LIMITED & MOTUKAHA INVESTMENTS LIMITED (ENV-2018-AKL-000010) Appellants AUCKLAND COUNCIL Respondent Principal Environment Judge L J Newhook Environment Commissioner I M Buchanan...

2. LCRO 178/2021 AA v EL (26 November 2021) [pdf, 256 KB]

   ...scope of review [39] 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 that...

3. LCRO 174/2013 ZF v H BU and G BU [pdf, 252 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:25 … 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...

4. Stanley & Anor as trustees of the Lucy Stanley Family Trust v North Shore City Council [2011] NZWHT Auckland 20 [pdf, 194 KB]

   ...likely to incur even if the gym equipment is owned by her company as the company could seek reimbursement from the claimant trust. I therefore allow the removal costs as estimated. Page | 17 General Damages [45] The Court of Appeal in Byron Avenue confirmed that the availability of general damages in leaky building cases was generally in the vicinity of $25,000 for owner-occupiers.1 White J in Coughlan & Ors v Abernathay & Ors confirmed that standard r...

5. May 2015 Outstanding applications [pdf, 265 KB]

   ...on 24 March 2015 at (99 Taitokerau MB 119-126) - application to the Chief Judge A20150002427 45/93 Beau Wilson Oue 2B2C - against an order dated 5 July 1939 at 18 WH 244- 247 - Application to the Chief Judge A20150002458 58/93 Edward Matchitt Appeal 2015/10 - Te Kaha 65 Block - and a decision of the Court made at 104 Waiariki MB 145-151 on 16 September 2014 - Appeal A20150002454 45/93 Charlene Walker-Grace Tame Hone Haawe and a succession order dated 20 April 1982 at 59 Whangare...

6. LCRO Annual Report 2009 [pdf, 520 KB]

   ...(the magazine of the New Zealand Law Society) and in the Law Society Bulletin, an electronic awareness bulletin of the Auckland District Law Society. The wider dissemination of the LCRO’s decisions is considered a positive development. There is no appeal from a decision of the LCRO. However the exercise of the powers of the Officer are amenable to judicial review by the High Court. As of 30 June 2009, two of the decisions of the Officer (in relation to the same applicant) are currently u...

7. LCRO 29/2023 CP v SW and KM (19 December 2023) [pdf, 245 KB]

   ...scope of review [71] 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 that...

8. RF v CN LCRO 254/2012 (3 November 2016) [pdf, 109 KB]

   ...LCRO on review [28] 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 tha...

9. LCRO 73/2024 OR v SV (3 September 2024) [pdf, 249 KB]

   ...scope of review [70] 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...

10. [2024] NZEmpC 198 Fredricsen and anor v Air New Zealand Ltd and Air New Zealand Ltd v Fredricsen and anor [pdf, 305 KB]

    ...explanation? [56] If the first question is established by the employee, the onus shifts to the employer to either explain the disparity or else explain why their actions were justified.22 In respect of the second and third question, the Court of Appeal noted in Samu v Air New Zealand Ltd:23 … if there is an adequate explanation for the disparity, it becomes irrelevant. Moreover, even without an adequate explanation disparity will not necessarily render a dismissal unjustifiab...