Search Results

1. CL v SC LCRO 218/2015 (6 April 2016) [pdf, 44 KB]

   ...consequence, Mr CL could readily have established that by producing evidence of the time he received the email. [36] Mr NH submits that the LCRO has discretion to extend the time for filing of a review. He argues that as there is no right to appeal a determination of the LCRO other than by way of seeking judicial review, a LCRO should adopt a “clean slate” approach to each case, and with a view to resolving issues such as arise in this case, in favour of the person in jeopardy...

2. [2016] NZEmpC 91 Khurana v Singh [pdf, 100 KB]

   ...plaintiff will be unable to pay the costs of the defendant if the plaintiff is unsuccessful in the proceedings, then the Judge may, if he or she thinks it just in all the circumstances, order the giving of security for costs. [17] The Court of Appeal in McLachlan Ltd v MEL Network Ltd when dealing with r 5.4 of the High Court Rules stated: 8 [15] The rule [for security for costs] itself contemplates an order for security where the plaintiff will be unable to meet an adverse aw...

3. YC v LV LCRO 57/2013 (16 April 2015) [pdf, 44 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 3 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [40]-[41]. 4 on any particular review and the extent of the invest...

4. BB & AB v CC LCRO 134/2012 (26 August 2015) [pdf, 47 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 [17] Ms and Mr AB attended a review hearing in Auckland on...

5. DN v EO LCRO 263/2013 (31 August 2015) [pdf, 44 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. 1 Deliu v Hong [2012] NZHC...

6. VJ v JT LCRO 279/2014 (2 September 2015) [pdf, 99 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 Issue [17] Mr VJ expressed concern that the Committee gave weight,...

7. Deputy Registrar v Severne - Okahukura 8M2C2C2B (2017) 365 Aotea MB 174 (365 AOT 174) [pdf, 193 KB]

   ...constituted under this Part of this Act the Court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. [17] The leading authority on the appointment of trustees is the Court of Appeal decision Clarke v Karaitiana where is was said: 1 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual concerned. In cons...

8. [2018] NZEnvC 64 Panuku Development Auckland Limited v Auckland Council [pdf, 856 KB]

   ...Auckland Council in Support of Notice of Motion under section 291 of the RMA Applying for Waivers/Directions. 5 (a) In the 2016 decision Re Auckland CounciF the Court held that it had jurisdiction to make directions I grant waivers in relation to appeals on the Auckland Council's decisions on the Independent Hearing Panel's recommendations on the then proposed Auckland Unitary Plan. The Auckland Council in that case similarly sought to waive certain requirements of section...

9. [2018] NZEnvC 64 Panuku Development Auckland Limited v Auckland Council [pdf, 856 KB]

   ...Auckland Council in Support of Notice of Motion under section 291 of the RMA Applying for Waivers/Directions. 5 (a) In the 2016 decision Re Auckland CounciF the Court held that it had jurisdiction to make directions I grant waivers in relation to appeals on the Auckland Council's decisions on the Independent Hearing Panel's recommendations on the then proposed Auckland Unitary Plan. The Auckland Council in that case similarly sought to waive certain requirements of section...

10. [2018] NZEmpC 53 Ahuja v A Labour Inspector, Ministry of Business, Innovation and Employment [pdf, 280 KB]

    ...awarded against Chirag Ahuja. [18] In deciding on costs in this case, I am cognisant of the recent decision of the High Court in the Commissioner of Inland Revenue v New Orleans Hotel (2011) Ltd.9 That decision, only recently issued, may yet go on appeal. However, in view of the outcome in this case, the issue of whether the Labour Inspector incurred costs in using in-house Ministry counsel does not arise. [19] I emphasise that the stand on costs in this case is taken because...