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...of the issues involved; and 6 Lim v Meadow Mushrooms Ltd [2005] NZEmpC 192, (footnotes omitted). the relief sought. (b) A non de novo hearing is accordingly in the nature of an appeal and the challenger/plaintiff is required to show that the Authority’s determination was wrong. (c) Thus, the challenger has an onus of persuading the Court of the existence of an error of fact and/or law by the Authority in its...
...reason, s 45 applications must be accompanied by proof of the flaw identified, either through the production of evidence not available or not known of at the time the order was made or through submissions on the law. [12] Finally, the Court of Appeal has recently confirmed, the power under s 44(1) falls into two parts:11 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court...
...basis, whether the employer’s actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. In Grace Team Accounting Ltd v Brake, the Court of Appeal affirmed the Employment Court’s finding that it is appropriate for the Employment Court to consider the genuineness of the redundancy. It defined “genuine” as meaning that the decision is based on business requirements and...
...scope of review [33] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … 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...
...of review [42] The nature and scope of a review have been discussed by the High Court, which has said of the process of review under the Act:11 … 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 that p...
...of the employment relationship. It usually involves the employer's ability to trust and place confidence in the person. Serious misconduct may include, but is not limited to the following examples of behaviour … [37] As the Court of Appeal noted in BP Oil New Zealand Ltd v Northern Distribution Union, in relation to serious misconduct that would justify summary dismissal: 5 Definition is not possible, for it is always a matter of degree. Usually what is needed is cond...
...whether the trustee had carried out his or her duties satisfactorily in an objective sense before deciding whether to exercise my discretion concerning removal.9 9 Taurua v Harawira – Te Tii Waitangi A [2017] Māori Appellate Court MB 328 (2017 APPEAL 328) at [13]. 240 Taitokerau MB 48 [27] The amended s 240 states: 240 Removal of trustee (1) The court may at any time, in respect of any trustee of a trust to which this Part applies, make an order for the removal of...
...review generally [30] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … 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...
...scope of review [40] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:14 … 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...
BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA Kl OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No [2020] NZEnvC 165 of the Resource Management Act 1991 of an appeal under clause 14 of the First Schedule of the Act TARANAKI ENERGY WATCH INCORPORATED (ENV-2016-WLG-80) Appellant SOUTH TARANAKI DISTRICT COUNCIL Court: Respondent Environment Judge J E Borthwick Environment Commissioner J A Hodges Environment Commissioner J T Baine...