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1. Auckland Standards Committee 3 v PL [2016] NZLCDT 6 [pdf, 114 KB]

   ...disclose documents to O. He subsequently lied to the WH Tribunal. The truth did not reveal itself until it was discovered after the claim before the WH Tribunal had been determined. [85] We adopt the remarks of Katz J in her decision on I’s appeal from the costs decision of the WH Tribunal which she made at para 57 and which we summarise: (a) Discovery of the documents would likely have seriously undermined the claim before the WH Tribunal; 21 (b) The apartments had been...

2. Fehling v Ministry of Health (Strike-Out of Second Defendant) [2016] NZHRRT 29 [pdf, 107 KB]

   ...and 105 of the Human Rights Act. Section 105 requires the Tribunal “to act according to the substantial merits of the case, without regard to technicalities”. That section applies, with necessary modifications, to decisions of this Court on appeal against a decision of the Tribunal: s123(5). [46] The Tribunal has an express power to dismiss proceedings, if satisfied that they are frivolous, vexatious or not brought in good faith: s115. As Mr Laurenson points out, the Tribunal del...

3. Social Wellbeing Commitee Paper COVID-19 options to amend Sale And Supply of Alcohol FINAL [pdf, 1.5 MB]

   ...officials have reviewed the proposal and consider that key elements of the alcohol licensing regime would be undermined if introduced as written. These include the public objection process, reporting and potential opposition by regulatory officers, appeal rights, and the DLC’s discretion to consider a wide range of matters – rather than constrained to a narrow range of specific conditions and being required to grant a variation if these are met. Further, DLCs can refer matters to the...

4. Directory of Official Information A-C [pdf, 1.6 MB]

   ...Consent Authorities • Physical Sciences • Medical Testing • Metrology and Calibration • Radiology Services. Chairpersons of each PAC are members of the Accreditation Advisory Committee (AAC). The AAC and/or the Council may adjudicate any appeals arising from IANZ accreditations. Records Records are maintained on client registrations, assessments, reports and correspondences. A directory of IANZ accreditations is maintained and made available for public viewing on www.ian...

5. [2021] NZEnvC 162 Public and Population Health Unit of the Northland District Health Board v Northland Regional Council [pdf, 379 KB]

   Public and Population Health Unit of Northland District Health Board v Northland Regional Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2021] NZEnvC 162 IN THE MATTER OF an appeal under Clause 14 of Schedule 1 of the Resource Management Act 1991 (the Act) AND Topic 8 (Agrichemicals) of the Proposed Northland Regional Plan BETWEEN PUBLIC AND POPULATION HEALTH UNIT OF THE NORTHLAND DISTRICT HEALTH BOARD (ENV-20...

6. WHT - glossary [pdf, 685 KB]

   ...an abatement notice in that everybody (not just the council) can apply for an enforcement order against someone else. These are issued by the Environment Court rather than the council. Environment Court: A specialist Court where people can go to appeal decisions made by councils on a policy statement, plan or resource consent application, or to apply for an enforcement order. Equity: An owner’s financial interest in a property being the difference between the fair market value of...

7. Family legal aid fees - consultation paper [pdf, 816 KB]

   ...guideline hours for this step) Reporting to and invoicing for Legal Aid Repeat within 4 months $260 Discounted fees for repeat instructions by the same provider for the same applicant within each specified time-frame Repeat within 18 months $300 Appeal from Review Tribunal Activity Fees Tasks New instructions $240 For Receiving initial instructions and identifying legal and factual issues Preparing application for legal aid (and amendment to grant if expecting to exceed...

8. Turner v University of Otago (Costs) [2021] NZHRRT 48 [pdf, 250 KB]

   ...Tribunal. The facts in Haydock v Gilligan Sheppard HC Auckland CIV2007- 404-2929, 11 September 2008 are illustrative. The Tribunal (as then constituted) awarded costs of $12,500 against the unsuccessful plaintiff (Ms Haydock). On her unsuccessful appeal to the High Court she was ordered to pay a further $7,500. She is recorded at [45] of the decision as stating that her financial position was parlous and that she intended declaring herself bankrupt. [6.5] Claims before the Tribunal mo...

9. [2013] NZEmpC 235 Young v Bay Of Plenty DHB [pdf, 181 KB]

   ...[67] Shorn of all embellishments, collateral complaints and attacks on the Board, Mr Young’s grievance that he was dismissed unjustifiably has been heard and determined by the Employment Relations Authority. Mr Young lost his opportunity to appeal against that determination by de novo challenge and was not permitted to do so out of time. He is faced with what lawyers call issue estoppel. This is the rule of law that prohibits the same issue being tried again in separate proceedin...

10. [2012] NZEmpC 103 Progressive Meats Ltd v Pohio and others [pdf, 135 KB]

    ...Suggestions for change from staff are to be directed in writing through the relevant committee representative. A unanimous decision of the skills and training committee is required to allocate additional units to any department. 10.4. Employees may appeal to the skills and training committee regarding individual issues pertaining to the application of the training system. 10.5. Staff rotation between slaughter and processing, where staff levels allow, will be encouraged to...