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1. [2020] NZEmpC 73 Waste Management NZ Ltd v Jones [pdf, 361 KB]

   ...Shipley. [16] Before discussing why Ms Jones considered she was constructively dismissed it is appropriate to discuss what that means. Constructive dismissal [17] In Auckland Shop Employees’ Union v Woolworths (NZ) Ltd the Court of Appeal accepted constructive dismissal arose in situations such as where:3 (a) an employer had given an employee an option of resigning or being dismissed; (b) an employer had followed a course of conduct with a deliberate and dominant pur...

2. LCRO 3/2024 RP v TG (21 May 2024) [pdf, 262 KB]

   ...scope of review [82] 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...

3. Beattie v Official Assignee [2021] NZHRRT 21 [pdf, 280 KB]

   ...information (1) This section applies if— (a) proceedings are commenced in the Tribunal under section 97 or 98 in respect of a complaint about a decision made by an agency under subpart 1 of Part 4 to refuse access to personal information; or (b) an appeal is lodged in the Tribunal under section 105 against an access direction directing an agency to provide access to personal information. (2) During the proceedings the Tribunal may, for the purpose of determining whether the agency...

4. Holden & Anor as Trustees of the Estate of Bruce Morris v Hanns [2010] NZWHT Wellington 23 [pdf, 432 KB]

   ...relates to the liability of an architect in regards to a practical completion certificate. However it is noted that the High Court‟s finding that the architect was not liable for the issue of the practical completion certificate was reversed on appeal.5 [119] Smith v Eric Bush was a case considering a duty to take care under the Unfair Contract Terms Act 1977 (UK). It was held that the valuer owed the mortgage applicants a duty of care even if the mortgage applicants had ag...

5. LCRO 240/2016 HM v NL (28 November 2018) [pdf, 255 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:5 … 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...

6. CAC 10007 v Wallace [2012] NZREADT 34 [pdf, 222 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2012] NZREADT 34 READT 050/10 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN REAL ESTATE AGENTS AUTHORITY (CAC 10007) Complainant/Prosecutor AND JANINE WALLACE Defendant MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Ms J Robson - Member Mr G Denley - Member HEARD at AUCKLAND on 27 and 28 March 2012 DATE OF DECISION: 18 June 2012 COUNSEL Mr S Wi...

7. [2021] NZEnvC 107 Rangitane o Tamaki Nui-A-Rua Incorporated v Manawatu-Wanganui Regional Council [pdf, 858 KB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KŌTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision No. [2021] NZEnvC 107 IN THE MATTER OF appeals under s 120 of the Resource Management Act 1991 BETWEEN RANGITĀNE O TAMAKI NUI-Ā- RUA INCORPORATED (ENV-2019-WLG-000018) JOHN BENT (ENV-2019-WLG-000019) Appellants AND MANAWATU-WANGANUI REGIONAL COUNCIL Respondent AND TARARUA DISTRICT COUNCIL Applicant Court: Environment Judge B P Dwyer Environment Commissioner...

8. Rangahaua Whanui National Overview volume 2 [pdf, 1.7 MB]

   ...Aboriginal hunter–gatherers how much more is it true for the systems of settled agriculturists such as the Austronesian peoples of the Torres Straits or Polynesia.3 It is also relevant to note that in the recent decision of the Australian Court of Appeal in the Wik case is to the effect that aboriginal title rights may survive the grant of pastoral leases, a decision which affirms the general principle developed in recent Canadian decisions as well as Mabo, that aboriginal title or native ti...

9. [2022] NZEnvC 117 High Quality v Auckland Council [pdf, 885 KB]

   High Quality Limited v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 117 IN THE MATTER OF an appeal under s 120 of the Resource Management Act 1991 BETWEEN HIGH QUALITY LIMITED (ENV-2021-AKL-66) Appellant AND AUCKLAND COUNCIL Respondent Court: Judge J A Smith Commissioner K E Prime Commissioner S Myers Hearing: 11 – 14 April 2022 30 May 2022 (site visit) Last case event: 30...

10. January National Panui 2021 [pdf, 254 KB]

    ...succession orders made at 69 Waikato-Maniapoto MB 240-243 on 5 December 2013 - Application to the Chief Judge A20200011431 58/93 Phyllis Nicholas Te Whaiti Nui A Toi Block - and an injunction order made at 234 Waiariki MB 188 on 17 June 2020 - Notice of Appeal A20200011782 45/93 Rure Helen James, Shona Marion Davies CJ 2020/50 - Kohinga (Hika) Haira or Kohinga Haira - and a succession order made at 48 Whangarei MB 204-205 on 27 February 1973 - Application to the Chief Judge A202000...