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1. Gill v Singh [2016] NZIACDT 36 (30 June 2016) [pdf, 155 KB]

   ...or her account of the matters charged, there can be no complaint if the Tribunal draws the unfavourable evidentiary inference which absence from the witness box commonly attracts. [36] In Ithaca (Custodians) Ltd v Perry Corporation 6 the Court of Appeal considered what inferences may be drawn from the absence of witnesses. The Court observed: [153] …The absence of evidence, including the failure of a party to call a witness, in some circumstances may allow an inference that the miss...

2. Deputy Registrar - Allotment 5 Parish of Tahawai (2008) 96 Tauranga MB 52 (96 T 52) [pdf, 3.8 MB]

   ...the Native Land Court determined the successors in ownership to Enbka Te Wllanakeupon hii;"death.- Kc5py of the succession ofdei' appeatsat Tab 8 -­ in the bundle of documents supplied by Mr Carlyle. [34] I note, although it does not appeal' to be of great moment, that when a certificate of title was ultimately issued in 1934, Auckland Registry, CT 577/287 the owner was described as Enoka Te Whanake and not his successors. [35] In the Faulkner decision at page 365, Ju...

3. Smith v Bristowe - Succession to Eruera Pereto [2023] Chief Judges Minute Book 39 (2023CJ 39) [pdf, 396 KB]

   ...annulled more than 10 years after the date of the order. Parties affected by orders made under the Act must be able to rely on them. For this reason, the Chief Judge’s special powers are used only in exceptional circumstances. [36] The Court of Appeal has recently confirmed that the power under s 44(1) falls into two parts:14 13 Ashwell – Rawinia or Lavina Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) at [15]. 14 Inia v Julian [2020] NZCA 423 at [10]....

4. Canterbury Westland Standards Committee v Simes [2012] NZLCDT 28 [pdf, 216 KB]

   ...$10,000. 1 Canterbury/Westland Standards Committee 2 v Simes [2012] NZLCDT 4. 2 Ms Simes indicated that some of this amount is to be attributed to unrelated proceedings she has in the Court of Appeal, and accordingly she intends to reduce this claim by $1,330. 3 Tribunal’s costs discretion [7] The Tribunal’s power to order costs is contained in s 249 Lawyers and Conveyancers Act 2006. That section provides that the T...

5. [2022] NZIACDT 5 – LS v Murthy (4 April 2022) [pdf, 199 KB]

   ...direction: https://legislation.govt.nz/act/public/2007/0015/latest/whole.html#DLM407307 https://legislation.govt.nz/act/public/2007/0015/latest/link.aspx?id=DLM1440300 13 (c) a claim for recognition as a refugee or a protected person, and any related appeal or matter: (d) a matter relating to immigration sponsorship: (e) a matter relating to an immigration obligation: (f) an appeal in relation to an immigration matter … 7 What constitutes immigration advice (1) In this Act...

6. [2007] NZEmpC WC 32A/07 Port of Napier Ltd v Maritime Union of NZ Inc [pdf, 76 KB]

   ...and investigation by the Employment Relations Authority. This is not a novel proposition: it has long been the approach of the courts illustrated by cases such as Sky Network Television Ltd v Duncan [1998] 1 ERNZ 354, followed in the Court of Appeal in Sky Network Television Ltd v Duncan [1998] 3 ERNZ 917. [42] A further discretionary factor against the grant of injunctive relief is the apparent lack of consultation by the employer with either the employees or their union about...

7. AN v TC LCRO 381/2013 (4 August 2015) [pdf, 88 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a standards committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. 6 Review issue [26] The issue to be determined on review is whethe...

8. [2021] NZEnvC 124 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 1.7 MB]

   QTN PLAN APPEALS – TOPIC 2 – INTERIM DECISION 2.9 IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 124 IN THE MATTER of the Resource Management Act 1991 AND of appeals pursuant to clause 14 of the First Schedule of the Act BETWEEN UPPER CLUTHA ENVIRONMENTAL SOCIETY INCORPORATED (ENV-2018-CHC-056) and all other appellants concerning Topic 2 of Stage 1 of the Proposed Queenstown Lakes District Plan (listed on...

9. Wellington Standards Committee v Sawyer [2013] NZLCDT 47 [pdf, 84 KB]

   ...the third charge. [3] At the conclusion of the hearing, the Tribunal reserved its decision as to all matters. Background 1. July 2004 misconduct [4] This matter, which has been the subject of considerable litigation (High Court, Court of Appeal and Supreme Court decisions having been delivered) arose when the practitioner represented clients in respect of the sale of a portion of their rural property. In 2001 the property had been subdivided and as part of that subdivision...

10. Deputy Registrar - Orongotea B no 1 (2008) 125 Whangarei MB 36 (125 WH 36) [pdf, 4.7 MB]

    ...classes of alienees: section 147 A and 152(1 )(t). This goes to the heaIt of the Act. The legal and social impOliance of the alienation confirmation provisions of the Act have been emphasised in many Court decisions including decisions of the COUli of Appeal in Valuer General v Mangatu Inc. [1997] 3 NZLR 641 and Bruce v Edwards [2003]1 NZLR 515. In the earlier decision the President of the COUli of Appeal observed: 125 Whangarei MB 43 "The 1993 Act imposes vety significant co...