Search Results

1. Property-Law-Act-amendments-in-the-COVID-19-Response-Management-Measures-Legislation-Bill.pdf [pdf, 1.3 MB]

   ...generally – though not always – a quicker, cheaper alternative to a court process and allows parties to tailor the process to their particular dispute and does not necessarily require legal representation. 54 Generally, arbitral decisions cannot be appealed or reviewed in full and are final and binding. This avoids the costly and time-consuming appeals process that may occur in normal civil litigation. The scope of the grounds for an appeal are very limited unless the parties agree o...

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. [2023] NZEnvC 223 MacFarlane Investments Ltd v Queenstown Lakes District Council [pdf, 490 KB]

   ...Ltd and St Helliers Capital Ltd v Minister for Land Information [2015] NZEnvC 55 at [24]. 7 Under s24(7)(d). 8 Davis v Wanganui City Council (1986) 11 NZTPA 240. 9 Ravji v Wellington Hospital Board PT Wellington W39/89. This was affirmed on appeal by the High Court on other grounds: Ravji v Wellington Hospital Board HC Wellington, AP 75/89, 14 February 1990. 18 Legal submissions for MacFarlane – overview of its case [65] The objector was represented by Mr Matthew Casey K...

4. LCRO 097/2023 RQ and EP v OM (14 February 2024) [pdf, 288 KB]

   ...discussed by the High Court, which said of the process of review under the Act:5 5 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 14 … 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...

5. Waitangi Tribunal Vol 3 Kāhui Maunga Report [pdf, 13 MB]

   t e K ā h u i M a u n g a Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz t e K ā h u i M a u n g a The National Park District Inquiry Report Volume 3 Waitangi Tribunal Report 2013 Wai 1130 Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz National Library of New Zealand Catalo

6. [2024] NZEnvC 178 Te Raranga a Te Kuihi Trust v Kaipara District Council [pdf, 3.2 MB]

   Te Raranga a Te Kuihi Trust v Kaipara District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 178 IN THE MATTER OF an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN TE RARANGA A TE KUIHI TRUST (ENV-2023-AKL-000184) Appellant AND KAIPARA DISTRICT COUNCIL Respondent AND DARGAVILLE RACING CLUB INCORPORATED Applicant Court: Environment Judge J A...

7. LCRO 47/2021 BQ v ZG (16 December 2024) [pdf, 665 KB]

   ...assessor. The Court declined the recall application. [112] The respondent paid the global sum held to be owing to CMLL (incorporating the sum recommended by the first costs assessor) and the High Court dismissed the bankruptcy application. [113] On appeal by CMLL of various High Court decisions in the CMLL proceedings on various grounds, the Court of Appeal acknowledged that the sum recommended by the assessor was not a debt due but confirmed the High Court’s decisions to decline th...

8. [2007] NZEmpC CC 13A/07 Abernethy v Dynea NZ Ltd [pdf, 107 KB]

   ...undertook to speak to the plaintiff about it and to come back to Mr Reed. [11] Mr Climo met the plaintiff and his wife on 16 February and told them that Mr Reed was not happy with the 10 February letter and considered that it amounted to an appeal and that Mr Reed said that he would set the letter aside. Mr Climo told the plaintiff that the letter was too strong and may have damaged the plaintiff’s relationship with Dynea and, if the case was reopened, there was the possibility...

9. [2007] NZEmpC WC 34/07 Crook v Sovereign Services Ltd [pdf, 76 KB]

   ...Crook. The plaintiff bears the onus of proof. It is clear that all employment agreements have terms implied into them which impose duties on employers to take reasonable steps to maintain a safe workplace, a duty which as noted by the Court of Appeal in Attorney-General v Gilbert3 is informed and given content by the Health and Safety in Employment Act 1992. [10] Section 6 of the Health and Safety in Employment Act 1992 imposes general duties on employers. The duties relevant t...

10. [2010] NZEmpC 120 Musa v Whanganui DHB & Anor [pdf, 83 KB]

    ...employment agreement by his employer, the Board, to which Mr Solomon may have been a secondary party under s 134(2). [77] The position is not saved for the plaintiff by judgments such as Peacock v NZ Performance etc Union.2 In that case the Court of Appeal found that the receiver of a company might be liable personally for a penalty for breach of an award pursuant to s 202 of the Labour Relations Act 1987. The essential finding by the Labour Court and the Court of Appeal in Peac...