Search Results

1. [2023] NZEnvC 203 Director-General of Conservation v Marlborough District Council [pdf, 1.3 MB]

   ...v MDC & The New Zealand King Salmon Co Limited – Consent Order IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 203 IN THE MATTER of the Resource Management Act 1991 AND appeals under s120 of the Act BETWEEN DIRECTOR-GENERAL OF CONSERVATION (ENV-2022-CHC-67) AND MCGUINNESS INSTITUTE LIMITED (ENV-2022-CHC-68) Appellants AND MARLBOROUGH DISTRICT COUNCIL AND THE NEW ZEALAND KING SALMON CO LIMITED R...

2. LCRO 136/2021 YL v OB (28 February 2022) [pdf, 249 KB]

   ...discussed by the High Court, which said of the process of review under the Act:1 1 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 9 … 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...

3. LCRO 170/2020 KLM Limited v ND (30 March 2021) [pdf, 276 KB]

   ...scope of review [28] 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 that...

4. LCRO 05/2018 ZZ v XX and WW Lawyers (26 September 2018) [pdf, 232 KB]

   ...scope of review [34] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … 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...

5. Love v Samuel and Sharon Gemmell Whanau Trust - Anatohia Section 90C Block XVIII Gore SD [2016] Chief Judge's MB 122 (2016 CJ 122) [pdf, 297 KB]

   ...Judge’s jurisdiction upon the sale of Anatohia Section 90C Block XVIII Gore SD: a) Section 48(1) of Te Ture Whenua Māori Act 1993 states that no order made by the Chief Judge under section 44 of this Act, or made by the Appellate Court on appeal from any such order, shall take away any right or interest acquired for value and in good faith under any instrument of alienation registered before the making of any such order. b) In 2002, the Block was sold to the Sam and Sharon Gemm...

6. LCRO 57/2018 G RC and D RC v YS (30 April 2019) [pdf, 335 KB]

   ...scope of review [63] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:9 … 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...

7. [2012] NZEmpC 179 Drader v Chief Executive of the Ministry of Social Development [pdf, 189 KB]

   ...defendant’s confidential records, obtained an unlisted phone number, went into a private interview room and made a telephone call which the plaintiff conceded, on at least two occasions, amounted to a threat. [77] Ms Turner cited the Court of Appeal’s decision in Chief Executive of the Department of Inland Revenue v Buchanan (No 2), 12 where it was held that a breach by an employee of an employer’s policies and procedures contained in a code of conduct, may justify a dis...

8. LCRO 210/2018 RF v TG (27 August 2020) [pdf, 231 KB]

   ...scope of review [28] 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 that...

9. [2023] NZEmpC 237 Total Property Services (Canterbury) Ltd v Crest Commercial Cleaning Ltd [pdf, 377 KB]

   ...Crest’s case [70] Mr McGuinness’ submissions emphasised that the purpose of pt 6A was to preserve the ongoing employment of vulnerable employees and needed to be considered accordingly. He drew on observations to that effect by the Court of Appeal in Pacific Flight Catering v LSG Sky Chefs New Zealand Ltd, which while decided before amendments were made to pt 6A in 2015, still captures its purpose.22 21 Section 69OEA(3). 22 Pacific Flight Catering v LSG Sky Chefs New Zea...

10. LCRO 71/2022 OM v NT (22 July 2024) [pdf, 239 KB]

    ...scope of review [43] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … 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...