Search Results

1. Proactive Release - Amendments to the Criminal Proceeds (Recovery) Act 2009 [pdf, 2.7 MB]

   ...right to natural justice includes the right to a fair hearing 47 The existing CPRA processes provide opportunities for respondents (and others with an interest in the property) to present evidence at hearings for restraint and forfeiture, and to make appeals against any orders made by the courts. 48 The right to a fair hearing is further protected by: 48.1 Residual judicial discretion to decline to make the presumption where it is not in the interests of justice to do so, to ensure orde...

2. [2006] NZEmpC AC 47/06 Cliff & Groom v Air NZ Ltd [pdf, 208 KB]

   ...policies by failing to ensure that the Internet policies were known by the employees affected. [135] The extent to which an employee’s lack of knowledge of policies may affect the finding of serious misconduct was considered by the Court of Appeal in Chief Executive of the Department of Inland Revenue v Buchanan and Anor1. The first question is whether on the facts there was adequate knowledge of the policy by the employee. But, even where employees do not have this knowledge,...

3. LCRO 14/2023 BW and Company A Limited v PK and OJ (31 August 2023) [pdf, 430 KB]

   ...scope of review [124] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:61 … 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...

4. LCRO 154/2023 FH and NH v WA, BF and DT Limited (28 February 2024) [pdf, 347 KB]

   ...scope of review [88] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … 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...

5. Waitangi Tribunal - The Whanganui district [pdf, 1.6 MB]

   RANGAHAUA WHANUI DISTRICT 9 THE WHANGANUI DISTRICT SUZANNE CROSS AND BRIAN BARGH APRIL 1996 WORKING PAPER: FIRST RELEASE WAITANGI TRIBUNAL RANGAHAUA WHANUI SERIES Other reports in the Rangahaua Whanui Series available: District 7: The Volcanic Plateau, B J Bargh District 11A: Wairarapa, P Goldsmith District 13: The Northern South Island, Dr G A Phillipson FOREWORD The research report that follows is one of a series of historical surveys commi

6. [2024] NZEmpC 133 Gumbeze v The Chief Executive of Oranga Tamariki – Ministry for Children [pdf, 422 KB]

   ...160, [2011] ERNZ 466. 10 Employment Relations Act 2000, s 103A(4). 11 Citing Airline Stewards and Hostesses of New Zealand IUOW v Air New Zealand Ltd [1990] 3 NZLR 549 (CA) at 556. v BP Oil New Zealand Ltd.12 In that case, the Court of Appeal held it is not possible to define what justifies summary dismissal because it is always a matter of degree.13 The Court went on to hold that usually what is needed is conduct that deeply impairs or is destructive of the basic confid...

7. MLC 2017 01 National Panui [pdf, 242 KB]

   ...Te A Milroy, Judge S R Clarke and Judge C T Coxhead Applications for Hearing PANUI NO: TIME: APPLICATION NO: SECTION: APPLICANT: SUBJECT: 1 10:00AM A20160006079 58/93 Bruce Winston Anderson Smith, Roland MacDonald Smith & Digga Bygum Ltd Appeal 2016/7 - Waipaoa 5A2 - and a reserved decision made at 62 Tairäwhiti MB 122-170 on 18 October 2016 - Notice of Appeal (Respondents: Mäori Trustree) Kohi-tätea / JANUARY 2017 - NATIONAL PÄNUI 27 ADVISORY SERVICES CLINICS AOTEA...

8. Territorial Authorities - EiC - M W Twose - Planning (5 Feb 2021) [pdf, 893 KB]

   ...urban land and to implement the Local Government (Auckland) Amendment Act 2004 into the region’s ARPS and city and district plans. Following the establishment of Auckland Council in 2010 I led the council team on the resolution of the remaining appeals to the Auckland Council Regional Plan: Air, Land and Water. My other role was to pass on the draft proposed ARPS and its supporting Section 32 information for integration in the new Auckland Unitary Plan. 12. The Otago region i...

9. Auckland Standards Committee 4 v O'Boyle [2021] NZLCDT 15 (29 April 2021) [pdf, 381 KB]

   ...and answer: “One charge.”28 Ms O’Boyle was convinced Mr C lied to the Court. [32] The interim hearing took place on 28 May 2018. The decision was given orally on 29 May. The client lost. Ms O’Boyle filed an application for leave to appeal the interim orders. The applications for final orders were still ongoing in the Family Court. [33] Mr C advised Legal Aid that the client had received a bequest of $70,000 and had been trading in puppies on TradeMe. The client formed...

10. [2023] NZEnvC 176 Prouse Trust Partnership v Horowhenua District Council [pdf, 8.3 MB]

    PROUSE TRUST PARTNERSHIP v HOROWHENUA DISTRICT COUNCIL IN THE ENVIRONMENT COURT AT WELLINGTON I TE KŌTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision No. [2023] NZEnvC 176 IN THE MATTER of appeals under cl 14 of Schedule 1 of the Resource Management Act 1991 BETWEEN PROUSE TRUST PARTNERSHIP, S J & K M PROUSE (ENV-2022-WLG-000025) JAMES MCDONNELL LIMITED (ENV-2022-WLG-000026) Appellants AND HOROWHENUA DISTRICT COUNCIL Respondent Court: Judge L J Semp...