Search Results

1. Pou v May - Estate of Tame Horomona [2018] Chief Judge's MB 634 (2018 CJ 634) [pdf, 334 KB]

   ...Glenavy - Waihao 903 Section IX Block.2 I do not propose to repeat those principles again in this judgment. 1 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2018 Chief Judge’s MB 641 [8] However, for the benefit of the parties, I note that section 44 explicitly refers to situations where the Court has made an incorrect decision due to a flaw in the evidence presented,...

2. [2018] NZEmpC 98 Ovation NZ Ltd v The NZ Meat Workers and Related Trades Union [pdf, 343 KB]

   ...claim. [16] This distinction will need to be considered with reference to the question of whether the documents which are sought are or are not “relevant’ in the legal sense. This term is defined in reg 38, which was discussed by the Court of Appeal in ASB Bank Ltd v Nel when it said:7 The test for disclosure under reg 38 of the Employment Court Regulations 2000 is broad and based on the Peruvian Guano test ... The wording of the regulation is wide and includes documents tha...

3. [2021] NZIACDT 23 - CL v Khetarpal (24 September 2021) [pdf, 228 KB]

   ...Khetarpal [2017] NZIACDT 4. 10 The Tribunal’s requirement that Ms Khetarpal could not apply for a full licence until she had practised under a provisional licence for two years, was deleted by consent in settling the District Court proceedings. The appeals against the Khan, J and Prajapati decisions were otherwise dismissed. 11 such application from Ms Khetarpal lies in the Registrar’s discretion to consider the practitioner’s disciplinary history in assessing fitness to...

4. BW v NA LCRO 266/2012 and 269/2012 (9 June 2014) [pdf, 185 KB]

   ...broad powers to conduct his/her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review, and the extent of the investigations necessary to conduct that review. Review issues arising from Mr BW’s Application [33] Simply put, Mr BW�...

5. [2021] NZREADT 43 - Complaints Assessment Committee v Lowndes (10 August 2021) [pdf, 302 KB]

   ...[57] The application for an order restricting publication of Ms Lowndes’ name, or identifying details, is declined. [58] 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 _________________ Mr N O’Connor Member _____...

6. LCRO 227/2020 & LCRO 34/2021 PA v NL and UL (22 February 2022) [pdf, 209 KB]

   ...following manner:21 19 UY v FB LCRO 191/2019 (26 November 2020). 20 Conducted by audio-visual means on 4 February 2022. 21 Deliu v Connell [2016] NZHC 361, [2016] NZAR 475 at [2]. 8 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It inv...

7. Application-to-provide-legal-aid-ServicesV21.8.pdf [pdf, 1.4 MB]

   ...Service Provider Approval Level(s) (PAL) Mental Health Police Detention Legal Assistance Employment Advocate Duty Lawyer Waitangi Tribunal Parole Māori Land Court & Māori Appellate Court Civil Refugee & Protected Persons Family Court of Appeal & Supreme Court 12 If you’re applying for a Criminal approval, please name the Court cluster Courts and PAL level(s) you will cover within the cluster 13 If you’re applying for Police Detention Legal Assistance (PDLA) approva...

8. [2018] NZEnvC 035 The Wellington Company Ltd v Save Erskine College Trust [pdf, 7.9 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: IN THE MATTER AND IN THE MATTER BETWEEN AND AND Decision No. [2018] NZEnvC 35 of the Resource Management Act 1991 ("RMA") of an appeal under s 195 RMA THE WELLINGTON COMPANY LIMITED ("TWC") (ENV-2017 -WLG-000038) Appellant THE SAVE ERSKINE COLLEGE TRUST ("SECT") Respondent HERITAGE NEW ZEALAND POUHERE TAONGA ("HNZPT") Sect...

9. HK v YS LCRO 64/2012 (17 February 2015) [pdf, 79 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. Review Hearing [14] Both parties attended and were represented by counsel...

10. [2019] NZEmpC 45 Chambers v Pelabon [pdf, 347 KB]

    ...Court, as considered in Lawrence Publishing. This fact strongly suggests that the principles outlined in that case remain relevant. [38] I turn to statutory context. In Peter Reynolds Mechanical Ltd v Denyer (Labour Inspector), the Court of Appeal considered these provisions in some depth.32 It noted that the stated object of the Act includes acknowledging and addressing “the inherent inequality of power in employment relationships”.33 Similar objects were inherent in the r...