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  1. LCRO 113/2024 TD v PW (25 September 2024) [pdf, 143 KB]

    ...of review is, as had been noted in a number of court decisions, “a very particular statutory process”.2 [15] The High Court has described a review by this Office in the following way:3 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 invo...

  2. Baker TRI-2023-100-006 Procedural Order 4 [pdf, 185 KB]

    ...apportion liability between the respondent parties. It is not required to make “third party” type liability rulings. [41] The position regarding the longstop and contribution claims is currently before the Supreme Court. The Court of Appeal dealt with the issue in Beca Carter Hollings and Ferner Limited v Wellington City Council8, finding that a contribution claim is not caught by the Building Act longstop provisions. The Supreme Court has yet to deliver its judgment on t...

  3. [2024] NZEmpC 224 Kongbang v Lotus Touch Ltd [pdf, 192 KB]

    ...Woodhouse “Strengthening enforcement of employment standards” (Ministry for Workplace Relations and Safety, 2015) at [47] and [119](15). can recover money rather than before they can take a case to the Authority. Further, the Court of Appeal has, in the context of this specific Cabinet paper, expressed significant reservations about relying on such documents.13 Therefore, the paper is also of limited use. Does the Court have jurisdiction to hear the claims against Mr J...

  4. [2024] NZLVT 059 – Westphal v Auckland Council (18 November 2024) [pdf, 297 KB]

    ...terms and conditions as a bona fide seller might be expected to impose; and (b) no improvements had been made on the land. Value of improvements means the added value which at the date of valuation the improvements give to land. The Court of Appeal quoted from the High Court in Bushmere Trust v Gisborne District Council:3 … capital value and market value are not identical concepts. The High Court, however, did not say that capital value and market value were indistinguishable...

  5. Mahanga v Mahanga - Taiharuru 2C (2025) 286 Taitokerau MB 172 (286 TTK 172) [pdf, 237 KB]

    ...application for a rehearing will not be allowed merely for the purposes of preparing omissions in the presentation of an earlier case or for reshaping that case.4 2 Henare v Māori Trustee – Parengarenga 3G [2012] Māori Appellate Court MB 1 (2012 APPEAL 1) at [14]. 3 At [19]. 4 Henare v Māori Trustee, above n 2, at [20]. 286 Taitokerau MB 176 [16] Further, even where it is established that there has been a miscarriage of justice such that a rehearing is justified,...

  6. [2025] NZEmpC 3 Singh v McKee [pdf, 210 KB]

    ...other purposes: (b) if copies of any documents have been made available by any party,— (i) those copies must be returned to that party within 28 clear days after the conclusion of the proceedings or after the conclusion of any related appeal, whichever is the later; and (ii) copies of any of those copies must not be retained by the party to whom those copies were made available: (c) the information contained in any document so disclosed but not used in evidence in the pro...

  7. What to expect in the courtroom

    ...also allows evidence to be given by video conference if the judge or registrar agrees and parties consent. Courts (Remote Participation) Act 2010 Under section 103 of the Evidence Act 2006, applications can be made to the Supreme Court, the Court of Appeal, the High Court and any District Court, Family Court or Youth Court for witnesses to give evidence in an alternative way. Alternative ways are outlined in section 105. Video conferencing would be suitable if a witness gives evidence: from an...

  8. Auckland Standards Committee 3 v Woodroffe [2025] NZLCDT 21 (9 April 2025) [pdf, 147 KB]

    ...during a radio broadcast, and spoke about her client in disrespectful terms; • and she failed to treat him with respect and courtesy when she threatened to sue him unless he retracted what he had told the Samoan Court. [2] Mrs Woodroffe has appealed our liability decision. Nonetheless, our task at this penalty hearing involves considering the gravity of the misconduct as we found it in our earlier decision, weighing it against comparable cases and adjusting for aggravating and...

  9. Firearms reform

    ...other agencies alert the regulator when they receive information that raises concerns about a licence holders’ “fit and proper” status. Penalties increased to reflect the seriousness of offences. A Firearms Licensing Review Committee to consider appeals against decisions to suspend or cancel firearms licences. Greater flexibility for licence holders to store firearms in the most appropriate location to prevent theft and unlawful access. Dealer’s licences renamed ‘business licences...

  10. 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