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1. LCRO 63/2021 FB v LK (31 May 2021) [pdf, 166 KB]

   ...review application proceeding further. 11 Abuse of process [67] The meaning and application of “abuse of process” has been widely considered by the Courts. Some useful themes emerge. [68] In Moevao v Department of Labour the Court of Appeal held that the underlying objective of the abuse of process doctrine is the maintenance of public confidence in the administration of justice.12 [69] In the United Kingdom, Lord Bingham said the following:13 The underlying public in...

2. National Standards Committee 1 v Palmer [2023] NZLCDT 13 (28 April 2023) [pdf, 157 KB]

   ...that is not its purpose. We also bear in mind that any suspension can bring disruption for clients. We note, however, that in this case these matters have already largely been 14 Above n 13, at [108]. 15 [1982] 2 NSW LR 1 at 6 (Court of Appeal of New South Wales). 13 addressed. There is certainly no need for the two-week delay sought by counsel at the penalty hearing. [53] In this case the Standards Committee has sought a period of suspension in the range of 18 m...

3. [2020] NZEnvC 179 Northland Regional Council v Glamuzina.pdf [pdf, 189 KB]

   ...Property is consistent with the Regional Plan’s definition of Outdoor burning.8 However, the outdoor burning that is occurring at the 7 The Regional Plan was adopted by the Council on 4 May 2019. All appeals on C.7.1.1 - outdoor burning outside the Whangarei Air shed) have been resolved, without any changes, as detailed in Public and Population Health Unit of the Northland District Health Board v Northland Regional Council [2020] NZEn...

4. Singh v Patel [2019] NZIACDT 17 (28 March 2019) [pdf, 142 KB]

   ...maintain hard copy and/or electronic client files, including copies of all written communications and file notes of oral communications. He was also to confirm in writing to clients the details of all material discussions with them. [36] Mr Singh appealed to the Tribunal against the Registrar’s decision not to refer his complaint to the Tribunal. 7 [37] There is an affidavit (sworn 26 May 2015) from a senior investigator in the Authority, filed on behalf of the Registrar. Sh...

5. Arama - Whatitiri 13B2B2 (2013) 69 Taitokerau 158 (69 TTK 158) [pdf, 114 KB]

   ...discretion. Our point is that the assessment under s 288(2)(b) requires the Court to consider the evidence in its entirety. 5 Whaanga v Niania – Anewa Block [2011] Māori Appellate Court MB 428 (2011 APPEAL 428). 69 Taitokerau MB 166 [22] The Court also went on to discuss what amounts to a sufficient degree of support for the purposes of partition (s 288(2)(b)). The Court noted that the Act does not stipulate a particul...

6. [2021] NZEnvC 170 Minister of Conservation v Northland Regional Council [pdf, 399 KB]

   Minister of Conservation v Northland Regional Council (Topic 5 – Water Quality) IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2021] NZEnvC 170 IN THE MATTER OF an appeal under Clause 14 of Schedule 1 of the Resource Management Act 1991 (the Act) and Topic 5 (Water Quality) of the Proposed Northland Regional Plan BETWEEN MINISTER OF CONSERVATION (ENV-2019-AKL-122) AND ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW Z...

7. LCRO 187/2022 JP Limited v YG (6 June 2024) [pdf, 205 KB]

   ...of that type of behaviour were summarised by Sheppard J in Colgate Palmolive Company v Cussons Pty Ltd (1993) 118 ALR 248, which was adopted by Goddard J in Hedley v Kiwi Co-operative Dairies Limited (2002) 16 PRNZ 694 and endorsed by the Court of Appeal in Bradbury v Westpac Banking Corp [2009] 3 NZLR 400. The summary provided by Sheppard J is as follows: 1. The making of allegations of fraud knowing them to be false and the making of irrelevant allegations of fraud; 2. Particular m...

8. Lazarus - Peter Pene Moses (2010) 9 Taitokerau MB 197 (9 TTK 197) - P [pdf, 60 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 the par...

9. [2009] NZEmpC CC 12/09 Service & Food Workers Union v Sanford Ltd [pdf, 65 KB]

   ...likely to have an adverse effect on their assessment they will be advised of that situation by the Employer in order that they have the opportunity to correct it. 18.14 If an Employee is not satisfied with their grading or assessment they may appeal to the Factory Manager whose decision is final. The Employee may have the right to involve a Union Delegate at this stage. Any disagreement over the interpretation or application of this clause may be subject to the appropriate pr...

10. CAC10006 v Robertson & Hamilton & Kenny [2013] NZREADT 10 [pdf, 63 KB]

    ...any penalty upon Mr Kenny as he could not have been penalised under the 1976 Act as a salesperson and accordingly we impose no penalty on Mr Kenny. 9 [25] In accordance with s 113 of the Act the Tribunal advises the parties of the right to appeal this decision to the High Court pursuant to s 116 of the Act. DATED at WELLINGTON this 24th day of January 2013 ______________________________ Ms K Davenport Chairman ______________________________ Ms J Rob...