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1. Le Lievre v Muriwhenua Incorporation - Muriwhenua Incorporation (2016) 123 Taitokerau MB 240 (123 TTK 240) [pdf, 303 KB]

   ...right of exclusive possession has been given. The only intention of the parties that matters is their intention as to substantive rights, not their intention as to legal classification. In Fatac Ltd v Commissioner of Inland Revenue the Court of Appeal quoted with approval the following statement made by Windeyer J in Radaich v Smith: Whether the transaction creates a lease or a licence depends upon intention, only in the sense that it depends upon the nature of the right which...

2. [2017] NZEnvC 058 Hokio Trusts v Manawatu-Wanganui Regional Council [pdf, 4 MB]

   BEFORE THE ENVIRONMENT COURT Court Date of Decision: Date of Issue: IN THE MATTER BETWEEN AND AND Decision: [2017] NZEnvC 58 ENV-2016-WLG-000004 of an appeal under section 120 of the Resource Management Act 1991 HOKIO TRUSTS Appellant MANAWATU-WANGANUI REGIONAL COUNCIL Respondent MANAWATU-WANGANUI REGIONAL COUNCIL Applicant Environment Judge B Dwyer Environment Commissioner I Buchanan Environment Commissioner K Prime 21 April 2017 21 April 2017...

3. LCRO 275/2015 and 9/2016 YM v SC and JW (18 December 2018) [pdf, 286 KB]

   ...scope of review [87] 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. 5 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 15...

4. [2019] NZEmpC 113 Genesys Telecommunications Laboratories Ltd v Scott [pdf, 576 KB]

   ...and confidence, but also on a legislative requirement for good faith behaviour; and by acknowledging and addressing the inherent inequality of power in employment relationships. [68] In NZ Tax Refunds Ltd v Brooks Homes Ltd, the Court of Appeal confirmed interim injunction principles as follows:5 The approach to an application for an interim injunction is well established. The applicant must first establish that there is a serious question to be tried or, put another way...

5. LCRO 203/2017 HI v JK (6 August 2020) [pdf, 314 KB]

   ...scope of review [38] 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...

6. Schimanski - Succession to Tamati Hapimana [2022] Chief Judges MB 489 (2022 CJ 489).pdf [pdf, 798 KB]

   ...for the surname “Chapman” is “Hapimana”. 28. Finally, sections 48(1) and (2) of the 1993 Act states: 48 Matters already finalised or pending (1) No order made by the Chief Judge under section 44, or made by the Appellate Court on appeal from any such order, shall take away or affect any right or interest acquired for value and in good faith under any instrument of alienation registered before the making of any such order. (2) No payment made in good faith pursu...

7. LCRO 164/2014 WN and JM v SG [pdf, 352 KB]

   ...scope of review [46] 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...

8. Evesham v Auckland Standards Committee LCRO 136 / 2009 (5 November 2009) [pdf, 190 KB]

   ...is privileged this may amount to such a good reason. [33] The fact that a solicitor may not claim privilege in respect of a demand of him or her to produce evidence in response to a professional complaint was determined by the English Court of Appeal in Parry-Jones v Law Society (1969) 1 Ch 1; [1966] 1 All ER 177. It is of note that the privilege in this case belongs to Mr Chesterfield and not to Mr D Evesham. Lawyer-client privilege gives Mr Chesterfield a right to refuse to produc...

9. [2012] NZEmpC 110 de Bruin v Canterbury DH [pdf, 199 KB]

   ...[70] The key expression in s 125 is “reasonable and practicable”. The meaning and application of the term “practicable” in the context of reinstatement is well established. In Lewis v Howick College Board of Trustees19 the Court of Appeal endorsed the view adopted in a previous decision:20 Practicability is capability of being carried out in action, feasibility or the potential for the reimposition of the employment relationship to be done or carried out successfully...

10. LCRO 3/2017 and LCRO 148/2017 McDonnell v LA (28 June 2019) [pdf, 436 KB]

    ...scope of review [52] 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 tha...