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1. CAC20004 v Vessey [2015] NZREADT 10 [pdf, 174 KB]

   ...a contribution to the costs of the Authority of $1,000 and to this Tribunal of a further $1,000, and a compensation payment to the complainants of $2,000. [67] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr G Denley Member ______________________________ Ms C San...

2. ZF v XC LCRO 266/2013 (19 February 2015) [pdf, 103 KB]

   ...investigation for or on behalf of a Standards Committee in relation to the complaint or matter to which the final determination relates. [47] In addition, Winkelmann J in Deliu v Hong noted that:12 …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 reaching his...

3. Fehling v Appleby [2014] NZHRRT 24 [pdf, 94 KB]

   ...Privacy Act. Those members were the Chairperson, RPG Haines QC, Ms J Grant, Member and Ms S Scott, Member. The application was dismissed in Fehling v Appleby (Recusal Application) [2014] NZHRRT 11 (17 March 2014). Neither decision was challenged on appeal. [7] At the commencement of the hearing Mr Fehling made two applications: [7.1] First, that the Tribunal address certain further issues under the Insolvency Act, particularly in relation to the remedies the Tribunal can award agains...

4. 2011 to 2014 Ministry of Justice statement of intent [pdf, 537 KB]

   ...We create a court environment where disputes and offences can be resolved, while maintaining the court system’s integrity and the judiciary’s independence. We administer and support the progression of cases in the Supreme Court, Court of Appeal, High Court, District Courts, specialist courts and a range of tribunals and authorities. We ensure that courts are safe, and implement policy and legislative changes in the court system. We maintain the credibility of monetary penalt...

5. [2019] NZEmpC 86 Lyttleton Port Company Ltd v Pender [pdf, 325 KB]

   ...Court to admit evidence. That power was contained within a suite of statutes relating to Family Court proceedings and was couched in the following terms:6 In all proceedings under this Act (other than criminal proceedings, but including appeals or other proceedings), the Court may receive any evidence that it thinks fit, whether or not it is otherwise admissible in a court of law. [51] This became pejoratively known as the “any evidence” rule.7 Its application over t...

6. Engelbrecht TRI-2020-100-007 Procedural Order 5 [pdf, 200 KB]

   ...[1984] 2 NZLR 548 (HC) at 593–595; Hermann v Martin [2020] NZHC 688 at [39]. 11 Morton, above n 10. 12 Trevor Ivory Ltd v Anderson [1992] 2 NZLR 517 (CA) at 527. 13 Hsu v Mahoney [2021] NZHC 1611 at [186]–[194], relying on the Court of Appeal in Body Corporate 202254 v Taylor [2008] NZCA 317, [2009] 2 NZLR 17. 14 At [203] (footnote omitted). 6 designed by Paul Maurice Foley (Mr Foley), the fourth respondent, possibly on behalf of Paul Foley Design Ltd (PFDL). The...

7. [2018] NZEmpC 61 Butterfield v Alliance Group Ltd [pdf, 364 KB]

   ...were persons intending to work was based on them advising AFFCO at the end of one season of their current addresses and phone numbers on which they wished to be contacted for employment at the beginning of the following season. In the Court of Appeal, the Court held that the freezing workers did not fall within the definition of “persons intending to work” because the formal elements of an employment contract were required, rather than simply an intention by the workers to take...

8. [2014] NZEmpC 137 Pollard Contracting Ltd v Donald [pdf, 130 KB]

   ...12 Employment Relations Act 2000, s 101(ab). 13 Board of Trustees of Te Kura Kaupapa Motuhake O Tawhiuau v Edmonds [2008] ERNZ 139 (EmpC) at [42]. 14 At [40]. 15 A point which was confirmed by the Court of Appeal in Morgan v Whanganui College Board of Trustees [2014] NZCA 340, at [30]. c) Since the position is clear from the statute itself, it is unnecessary to resort to extrinsic materials to discern legislative intent. Consequently,

9. Ruka - Rangihamama X3A and Omapere Taraire E (2008) 123 Whangarei MB 137 (123 WH 137) [pdf, 4 MB]

   ...empha.sised that trustees in such circumstances have the option of seeking directions from the Court and when they fail to do so they must be excused for that omission if relief is to be granted ." [11] In Wong v Burt [2005] NZLR 91 the Comi of Appeal emphasised that under section 73 the Comi must be satisfied that the trustees acted "honestly and reasonably", and that this expression is conjunctive. [12] In weighing up whether to relieve the trustees of liability I tak...

10. CAC 10064 v Jin [2013] NZREADT 57 [pdf, 80 KB]

    ...unusual and suspicious set of facts. [84] We find that misconduct has not been proved against the defendant. Accordingly the charges are dismissed. [85] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr J Gaukrodger Member ______________________________...