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1. LCRO 5/2020 AJ v BN (30 September 2020) [pdf, 263 KB]

   ...scope of review [37] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:6 … 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...

2. Marywil Investments Ltd v North Shore Ctiy Council [pdf, 65 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2008-100-000031 BETWEEN MARYWIL INVESTMENTS LIMITED as Trustee of the MARYWIL TRUST Claimant AND NORTH SHORE CITY COUNCIL First Respondent AND MURRAY AITKEN Second Respondent AND PLASTER SYSTEMS LIMITED Third Respondent AND RICHARD POTTER Fourth Respondent AND MW AITKEN ENTERPRISES LIMITED Fifth Respondent AND HENDRIK KANON Sixth Respondent Hearing: 9 and 10 June 2009 Appearances: S Thodey and R Karal

3. [2015] NZEmpC 19 Atkinson v Phoenix Commercial Cleaners Limited [pdf, 261 KB]

   ...as Bryson, 2 there is now a significant judgment of the Supreme Court of the United Kingdom 3 that I will also consider in this judgment. Bryson is the only case under s 6 that has been considered by the Supreme Court or indeed the Court of Appeal in this country. Analysis of the Supreme Court’s judgment reveals that it focuses significantly on the role of the Court of Appeal in employment proceedings as well as establishing, in more than general terms, the interpretation and...

4. [2020] NZIACDT 42 - NMS v Mercado (1 October 2020) [pdf, 270 KB]

   ...director cancelled the amendment to the complainant’s employment agreement, so that all her work was as a PA at DEFL. [33] On 29 June 2018, Mr Mercado advised the complainant that the visa officer may have erred in declining the visa. He said an appeal to the Immigration and Protection Tribunal (IPT) could be prepared. [34] An appeal to the IPT was filed on 2 July 2018. [35] The IPT issued a decision on 14 February 2019 declining the appeal. It was found that the complainant h...

5. KL v WS LCRO 160/2013 (15 June 2016) [pdf, 89 KB]

   ...and Scope of Review [9] 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 t...

6. [2016] NZEmpC 32 Bhikoo v Stephen Marr Hair Design Newmarket Limited [pdf, 239 KB]

   ...accountant) in combination it was an aggravating feature, particularly as the use related to expenditure after he was stood down on ‘gardening leave’. [35] Mr Wicks, counsel for the defendant, in his closing submissions referred to the Court of Appeal’s judgment in BP Oil NZ Ltd v Northern Industrial District Distribution Workers’ Union. 5 That case and decisions of the Employment Court and 3 Yan v Commissioner of Inland Re...

7. [2013] NZEmpC 145 AARTS v Barnardos NZ and Ors [pdf, 185 KB]

   ...submissions constitute a reiteration of the merits of the plaintiff’s case which have already been decided. They cannot be re-litigated on an application for costs. In any event, I am aware that there are applications for leave to the Court of Appeal to both appeal and cross appeal against this Court’s judgment. [60] As to Mr Aarts’s claim for costs against the remaining defendants, Mr Lee submits that he has put in an estimated 7,000 hours of work on this case on behalf of...

8. LCRO 59/2021 RY v QX (21 December 2022) [pdf, 255 KB]

   ...scope of review [54] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:18 … 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...

9. [2016] NZEmpC 129 Maharaj v Wesley Wellington Mission Inc [pdf, 155 KB]

   ...Contracts Act 1991, which applied when that case was decided, and frivolous in cl 15 should be equated with futile. In STAMS the proceeding before the Court was considered frivolous because it was misconceived. It was misconceived because the appeal in that case had not survived a settlement negotiated in the lead-up to trial. Mr Dearing submitted that, applying this approach, the same outcome should be reached in relation to Mr Maharaj’s proceeding. Mr Maharaj had settled his c...

10. [2021] NZEnvC 146 Ngati Paoa Trust Board v Kennedy Point Boatharbour [pdf, 437 KB]

    ...thereafter adapted to avoid any detected impacts from construction works. c) Condition 61: … the construction work within the penguin breeding season will be reduced to the greatest extent practicable. Mr Gardner-Hopkins referred to the Court of Appeal decision in Gillies Waiheke Limited v Auckland City Council7 in which it was said: … the approach to the interpretation of a consent and the accompanying conditions is an objective one. That is, what would the reasonable obser...