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1. Chaiyapoom v Hu [2014] NZIACDT 78 (09 September 2014) [pdf, 143 KB]

   ...Nature of Legal Liability [12] The Registrar requested that the Tribunal delay determining the complaint due to issues raised by the District Court’s decision in Geldenhuys v Yap DC Christchurch, CIV 2013-009-001684, 28 January 2014. A successful appeal against that decision Immigration Advisers Authority v Yap [2014] NZHC 1215 followed. The Tribunal gave the parties the opportunity to make submissions following the High Court’s decision. Only the Registrar did so. [13] The Registra...

2. LCRO 111/2021 New Zealand Law Society v AP (10 January 2022) [pdf, 349 KB]

   ...scope of review [51] The nature and scope of a review was discussed by the High Court in 2012, which said of the process of review under the Act:8 … 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...

3. [2019] NZEnvC 116 Te Runanga o Ngati Awa v Bay of Plenty Regional Council [pdf, 11 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Decision No. [2019] NZEnvC / { b IN THE MATTER of the Resource Management Act 1991 AND of an appeal under section 120 of the Act BETWEEN TE RONANGA O NGATI AWA (ENV-2018-AKL-000133) Appellant AND AND AND BAY OF PLENTY REGIONAL COUNCIL Respondent CRESSWELL NZ LIMITED Applicant TE RONANGA O NGAI TE RANGI IWI TRUST NGATI PIKIAO ENVIRONMENTAL SOCIETY TUWHAKAIRIORA O'BRIEN and NGAI...

4. MOJ0048.7_JUN21_WEB.pdf [pdf, 438 KB]

   ...covers: • charges filed against the defendant or young person • reasons for not laying charges • your role as a witness • when and where the hearings will take place • the outcome of any criminal proceedings, including any proceedings on appeal • a young person’s progress on a plan agreed at a family group conference. You can also ask for this information to be given to someone else who will then explain it to you. RIGHT 3: To make a victim impact statement You have...

5. Cock - Succession to Paora Kingi [2020] Chief Judge's MB 50 (2020 CJ 50) [pdf, 278 KB]

   ...Court; and (b) If so, is it necessary in the interests of justice to remedy the mistake or omission. 10 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 11 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2020 Chief Judge’s MB 60 Take A - Issue A [16] I agree with the contents of the Registrar’s report and the conclusion that the application should be dismissed. [17] At this point it seems very clear that the appl...

6. LCRO 136/2017 RAI and SEM v EYR, IPA and DYN (26 November 2018) [pdf, 333 KB]

   ...scope of review [126] 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 tha...

7. [2019] NZEmpC 103 Saipe v Bethell [pdf, 252 KB]

   ...[52] General principles of contract law are applicable in the employment context. This is clear from s 162 of the Act, which allows the Court to apply any rule of law relating to contracts. The principle was also stated recently by the Court of Appeal: 6 This date was referred to in Mr Greening’s submission, but not Mr Saipe’s affidavit. 7 Underhill v Coca-Cola Amatil (NZ) Ltd [2017] NZEmpC 117 (footnotes omitted). Co...

8. [2007] NZEmpC CC 16/07 Harris v Charter Trucks Ltd [pdf, 109 KB]

   ...would be taken into account yet Mr Sutherland thought Mr Harris had said nothing he needed to consider. As Mr Sutherland said in his evidence, he had “tunnel vision”. [79] In his submissions, Mr James relied on the decision of the Court of Appeal in Coutts Cars Ltd v Baguley [2001] ERNZ 660. He submitted that the level of consultation in this case was much greater than in Baguley’s case and, by implication, sought to persuade me that this rendered the employer’s conduct in...

9. [2018] NZEmpC 140 ITE v ALA [pdf, 297 KB]

   ...principle was narrowly stated, on the basis that a man cannot be made “the confidant of a crime or a fraud” … it is now clear that the principle extends to matters of which disclosure is required in the public interest … [63] The Court of Appeal has put it in this way:9 What has been called ever since Gartside v Outram (1857) … the defence of iniquity, is an instance, and probably the prime instance, of the principle that the law will not protect confidential informat...

10. [2010] NZEmpC 1 Singh v Eric James & Associates Ltd [pdf, 46 KB]

    ...Decided cases [16] The leading judgments giving guidance on the interpretation and application of s 6 of the Act are that of the Supreme Court in Bryson v Three Foot Six Ltd1 and of this Court in the same case at first instance that was upheld on appeal2. Section 6 requires the Court to consider and determine the real nature of the relationship between Mr Singh and EJAL. The inquiry in each case is intensely factual. [17] Principles in deciding cases such as this, identified by...