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1. LCRO 84/2020 WF v BP (11 June 2020) [pdf, 159 KB]

   ...review conducted by Review Officers properly falls within the definition of work carried out by a tribunal. [14] That inquiry is necessary in order to establish whether the discretion allowed under sch 2 of the Epidemic Preparedness Act 2006 which permits courts or tribunals to extend the timeframe for filing applications, ameliorates the strict approach Review Officers have historically adopted when considering review applications that have been filed out of time. [15] The functi...

2. Committee on the Elimination of All Forms of Racial Discrimination – summary record 18th-20th reports (continued) [pdf, 117 KB]

   ...recruited to liaise between the Government and the tribes. During the consultations, Maori had expressed the wish that a specific reference to the Treaty of Waitangi should be included in the Mixed Ownership Model Act. It had also been decided to permit the tribes concerned to purchase shares in the extraction companies on the same conditions as other investors, and to continue the consultations on the interests of Maori with regard to drinking water. CERD/C/SR.2222 GE.13-41358...

3. Munley v CAC 402 & Ors [2016] NZREADT 53 [pdf, 195 KB]

   ...assessed the property. Mr Munley concluded that the property was “constructed at variance to the original plans, with plaster cladding, parapet deck roofs and set in windows”, and that its construction date “followed building code changes that permitted design/construction techniques that ultimately proved flawed”. In general terms, Mr Munley’s due diligence led him to conclude that the property was a leaky building. [8] Mr Munley presented a signed offer for the propert...

4. ENVC Hearing 6Oct14 TGKL legal submissions [pdf, 357 KB]

   ...applicant's photomontages and the noise management plan addresses noise from boats moored in the marina. 12. The question of relevant effects was addressed in Aquamarine Ltd v Southland Regional CounciF in the context of an application for coastal permits to take fresh water from the surface of Deep Cove in Doubtful Sounds. Consents were required to run a pipeline on or under the seabed from an inlet to a tanker moored in Deep Cove. The Environment Court was asked to determine,...

5. [2012] NZEmpC 112 Idea Services Ltd v Barker [pdf, 143 KB]

   ...primarily based on the public policy of encouraging litigants to settle their differences rather than litigate them to a conclusion. In Prudential Insurance Co Ltd v Fountain Page Ltd 19 Hobhouse J observed: 20 It is the policy of the law to permit, and indeed encourage, confidential negotiations to take place to further the settlement of disputes and the law accordingly recognises that there shall be a restriction upon the use that can

6. [2023] NZEmpC 33 Pyne v Invacare New Zealand Ltd [pdf, 239 KB]

   ...appellate court’s ability to intervene is at its most restricted. At this end of the spectrum the court can overturn an error of law or fact but only based on the evidence that was actually provided in the first instance – no new evidence is permitted.14 I pause to note that, while this is the way in which the defendant implicitly seeks to characterise challenges by way of non-de novo hearing under the Employment Relations Act, the Legislation Design and Advisory Committee la...

7. [2007] NZEmpC WC 10B/07 Smith & Anor v Harvey [pdf, 53 KB]

   ...disagree with the findings of fact which form the basis for this judgment and feel that their point of view has not been properly taken into account. If so, they must understand that this is the result of the very limited scope of challenge they were permitted to pursue which, in turn, is the direct result of their failure to participate constructively in the Authority’s investigation. Costs [64] All parties in this matter have been unsuccessful in their challenges. Overall, h...

8. Wood v Accident Compensation Corporation [2015] NZACA 13 [pdf, 201 KB]

   ...not seen the documents filed in court. On 20 March 2002, solicitors acting for Mr Wood accepted, in full and final settlement, a commitment from the Corporation that it would issue a fresh decision regarding his entitlement to ERC, which would permit him a right of review and appeal. [20] The Corporation duly issued a new decision on 1 May 2002 declining ERC, on the basis of issue estoppel. The Corporation’s letter noted that there had been a decision to stop weekly compensati...

9. McNicholl v CAC 416 & O'Loughlin [2019] NZREADT 19 (13 May 2019) [pdf, 205 KB]

   ...of the above sales included a number of conditions addressing the fact that the apartments were being sold off the plans: for example as to titles being issued and transferred, the vendor obtaining all necessary resource consent, approvals and permits, and the vendor’s ability to make variations or alterations to the units and accessory units. [5] A Code Compliance Certificate for the apartment building was issued by Christchurch City Council on 14 September 2016. [6] Included i...

10. Gibbs-Smith - Te Tii (Waitangi) A Māori Reservation (2015) 104 Taitokerau MB 193 (104 TTK 193) - (PDF, 225 KB) [pdf, 224 KB]

    ...deadlock to the taumata? Second, was it appropriate for Mr Dargaville to be involved in the resolution of the deadlock given that he is the partner of Ms Taurua? [42] Turning to the first issue, the starting point is that the law in general does not permit a trustee to delegate his or her job. Trustees have a duty to act personally. 2 [43] Regulation 17 of the Regulations provides guidance on the appointment of trustees to executive positions, r 17(c) to (h) being of particular...