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1. [2025] NZEmpC 10  DQJ v The Commissioner of Inland Revenue [pdf, 267 KB]

   ...(a) whether there is a serious question to be tried in relation to the claim of unjustified dismissal; and, if so, (b) whether there is a serious question to be tried in relation to the claim of permanent reinstatement. [7] As the Court of Appeal made clear in NZ Tax Refunds Ltd v Brooks Homes Ltd, a serious question to be tried is one that is not vexatious and frivolous.6 Once that (relatively low) threshold is overcome, the merits of the case (insofar as they can be ascertain...

2. Puohotaua v Paranihi - Rakato and Part Rakato B Maori Reservation (2024) 487 Aotea MB 53 [pdf, 298 KB]

   ...appointment until 2023. If she had known about the appointment she submits that she would have objected. No reasons were given as to why she would have objected. 10 Henderson v Brooking – Wharekahika A47 [2023] Māori Appellate Court MB 17 (2023 APPEAL 17) at [28]. 11 Section 240(1)(b)(i) and (iv) of the Act. I note that s240(1)(b)(i) of the Act deliberately uses the word “repeatedly” suggesting that any evidence of refusing or failing to act, must be more than a one off. The...

3. LCRO 46/2025 WP v HJ and NB (12 August 2025) [pdf, 204 KB]

   ...scope of review [26] 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 that...

4. Gillies v Lucas - Waipuka No C No 1 and Others (2025) 124 Tākitimu MB 51 (124 TKT 51) [pdf, 312 KB]

   ...288(2)(b) requires a ‘sufficient degree’ of owner support for the partition. There is no pre-determined figure amounting to a ‘sufficient degree of support’.12 12 Whaanga v Niania – Anewa Block [2011] Māori Appellate Court MB 428 (2011 APPEAL 428) at [51]. 124 Tākitimu MB 61 Sufficiency of support is not simply a matter of arithmetic.13 Rather, it is assessed on a case- by-case basis with regard to the nature and importance of the matter.14 On this point, the M...

5. LCRO 21/2025 CB v AC (28 August 2025) [pdf, 213 KB]

   ...of these in due course. What is the nature and scope of the review? [28] The High Court has said of the process of review under the Act that: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 tha...

6. Staples - Omahu 4A2B (2025) 125 Tākitimu MB 261 (125 TKT 261) [pdf, 413 KB]

   ...question was owned by 482 landowners. Forty-one owners representing 35.35% of the shares in the land supported the partition, while 56 owners holding 7.47% of the shares 17 Whaanga v Niania – Anewa Block [2011] Māori Appellate Court MB 428 (2011 APPEAL 428) at [51]. 18 Neal – Taiharuru 4C3C (2016) 132 Taitokerau MB 97 (132 TTK 97) at [30]–[31]. 19 Reid, above n 14, at 172. 20 Whaanga, above n 17, at [38] (footnotes omitted), citing Te Ture Whenua Māori Act 1993, ss 287–28...

7. [2016] NZEnvC 248 Northcote Point Heritage Preservation Society Incorporated v Auckland Council [pdf, 5.9 MB]

   ...end, and Northcote Point at the northern. The consents were granted by independent hearing commissioners (whose decision we have had full regard to pursuant to s 290A RMA, although many facets of it have been overtaken since it issued). [2] Three appeals were lodged seeking refusal of consent; two were withdrawn before our hearing; the appeal by Northcote Point Heritage Preservation Society Incorporated (NPHPSI) remained. [3] The hearing was approached by the appellant in a slightly...

8. [2021] NZEnvC 124 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 1.7 MB]

   QTN PLAN APPEALS – TOPIC 2 – INTERIM DECISION 2.9 IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 124 IN THE MATTER of the Resource Management Act 1991 AND of appeals pursuant to clause 14 of the First Schedule of the Act BETWEEN UPPER CLUTHA ENVIRONMENTAL SOCIETY INCORPORATED (ENV-2018-CHC-056) and all other appellants concerning Topic 2 of Stage 1 of the Proposed Queenstown Lakes District Plan (listed on...

9. [2024] NZEnvC 238 Coast Road Resilience Group Inc v West Coast Regional Council [pdf, 3.9 MB]

   CRRG v WCRC & GDC – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 238 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN COAST ROAD RESILIENCE GROUP INCORPORATED (ENV-2024-CHC-41) Appellant AND WEST COAST REGIONAL COUNCIL First Respondent AND GREY DISTRICT COUNCIL Second Respondent Environment Judge P A Steven – sitting alone under s279...

10. CAC 10063 v Rajneel Raj - Interim Decision 2 [2011] NZREADT 25 [pdf, 45 KB]

    ...from two working days after the date of the decision to enable Mr Raj to be served. This notice of suspension is for a period of six months or until the charge against Mr Raj is heard, whatever date is earlier. [11] The licensee has a right of appeal to the High Court pursuant to s.116 of the Real Estate Agents Act 2008. 3 DATED at Auckland this 31st day of August 2011 _____________________________ K Davenport Chairperson _____________...