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1. LCRO 119/2016 XY, ZW, QM, and ABC Lawyers v TQ (16 November 2018) [pdf, 466 KB]

   ...scope of review [64] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:13 … 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 th...

2. [2022] NZEnvC 143 Western Bay of Plenty District Council [pdf, 357 KB]

   ...will be consulted on the financial contribution provisions and will have the opportunity to make submissions on the proposed financial contribution rules, including the level of contributions proposed, in the Schedule 1 process, with a right of appeal from any decision by the Council on their submissions. [20] For those reasons I accept that giving the proposed financial contribution rules immediate legal effect is necessary to achieve the sustainable management purpose of the RMA...

3. Kapua - Estate of Ngamotu Paora [2019] Chief Judge's MB 1162 (2019 CJ 1162) [pdf, 389 KB]

   ...7 [2019] Chief Judge’s MB 587-607 (2018 CJ 707-718) 8 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 9 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2019 Chief Judge’s MB 1175 Decision/Orders [18] Having regard to the above, I decline to exercise my jurisdiction under s 45 of Te Ture Whenua Māori Act 1993 at this stage. [19] The Case Manager is directed to provide

4. [2010] NZEmpC 87 Melville v Air New Zealand Ltd [pdf, 56 KB]

   ...ERNZ 388 at p 395, per Finnigan J. 12 [1994] 2 ERNZ 309. always just to allow an employee to submit a personal grievance because every time leave is refused a potential injustice is done. Mr Lloyd properly noted that the Court of Appeal in that case found that the Chief Judge went rather too far: see GFW Agri-Products v Gibson.13 I agree with Mr Lloyd that any considerations in balancing justice must necessarily be based on the evidence put before the Court. I still...

5. MLC - Notification of applications - 31 August 2015 [pdf, 1 MB]

   ...Gilroy or Terence Mania Gilroy or Joseph Terence Gilroy - and succession orders made at 70 South Island MB 116 on 15/09/1988 - Application to the Chief Judge 45/93 Veronica Stanaway - Foster 1. Awaiting Administrative Action A20100011554 11/10/2010 Appeal 2010/14 - Whakapoungakau 24 (Tikitere Trust) 58/93 Anaha Morehu 3. Awaiting Client Action or Information A20100011554 11/10/2010 Appeal 2010/14 - Whakapoungakau 24 (Tikitere Trust) 58/93 Eric Hodge 3. Awaiting Client Action or Information...

6. [2015] NZEmpC 34 Rodkiss v Carter Holt Harvey Ltd [pdf, 349 KB]

   ...Legal principles [87] The legal principles relating to constructive dismissal are well established and have been applied by this Court in a number of previous decisions. In Auckland Shop Employees Union v Woolworths (NZ) Ltd, 2 the Court of Appeal enunciated three non-exhaustive categories of constructive dismissal: Where the employee is given a choice of resignation or dismissal; Where the employer has followed a course of conduct with the deliberate and common purpose of c...

7. [2019] NZREADT 37 - Tafilipepe - penalty [pdf, 280 KB]

   ...by Ms Tafilipepe, we do not consider it necessary to make any orders as to completion of particular training courses. [51] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. ________________ Hon P J Andrews Chairperson ________________ Ms N Dangen Member ___________...

8. Keepa - Te Touwai B16A (2019) 207 Taitokerau MB 109 (207 TTK 109) [pdf, 223 KB]

   ...circumstances, it would be inequitable to award sole ownership to Ms Urlich. They reiterate that it was their father who acquired the land and the house through the exchange order and this was their family home. [27] In Lankow v Rose, the Court of Appeal held that, in order to recognise a constructive trust, the claimant must show: 14 (a) Contributions, direct or indirect, to the property in question; (b) The expectation of an interest therein; (c) That such expectation i...

9. AB v WA & Ors LCRO 68/2015 (11 July 2016) [pdf, 67 KB]

   ...process will, if it gives proper consideration to the evidence they provide: 9 • Conclude that proofs of debt provided to the High Court and to the company liquidator were incorrect. • Arrive at conclusion that a decision of the Court of Appeal which upheld a statutory demand, should be overturned. • Arrive at a different view to that of the High Court when that Court, in a decision delivered on [Day Month Year], refused leave to Mr and Mrs AB to pursue their matters f...

10. Wihelmus Hooft van Huijsduijnen v Woodley [2012] NZWHT Auckland 11 [pdf, 451 KB]

    ...authority that the works do in fact comply with the Building Code. 35 Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR, 896 at [912]-[913] and adopted by the Court of Appeal in Boat Park Ltd v Hutchinson [1999] 2 NZLR 74 (CA) at [81]-[82]. 56 [198] At [268] she said: ...that the meaning given to cl 14.2 has to be informed by the intention of the parties in entering into the contract...