Search Results

1. Mihaka v Housing New Zealand Corporation (Referral back to Human Rights Commission) [2016] NZHRRT 8 [pdf, 41 KB]

   ...complains of the decision by Housing New Zealand Corporation (HNZC) to terminate his tenancy. The 90-day notice issued by HNZC was followed by the grant on 24 April 2015 by the Tenancy Tribunal of a possession order in favour of HNZC. Mr Mihaka has appealed that decision to the District Court. Those proceedings have been stayed pending 1 [This decision is to be cited as: Mihaka v Housing New Zealand Corporation (Referral back t...

2. [2011] NZEmpC 172 [pdf, 118 KB]

   ...is the determination that the recommendation was not accepted and, therefore, that the Authority should continue to investigate the grievance and issue a determination. [21] Sections 179(5) and 188(4) were the subject of review by the Court of Appeal in Employment Relations Authority v Rawlings. 2 In that case, on appeal from judicial review proceedings in the Employment Court, the Authority had given a written direction that the applicant‟s statement of problem would be treated...

3. LCRO 272/2015 PA v NT, RO and DS (31 August 2018) [pdf, 214 KB]

   ...scope of review [26] 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 tha...

4. Wellington Standards Committee 2 v O'Connor [2023] NZLCDT 17 (3 May 2023) [pdf, 100 KB]

   ...cannot be transferred to another practitioner. [12] Pursuant to section 245(3) the fact of the interim suspension order should not be published generally for a period of 14 days from today. That provision is to safeguard his reputation link to his appeal rights. [13] On that basis then we adjourn this matter for fixing a date for the penalty hearing and invite counsel to communicate initially with the secretary of the Tribunal as to the likely time required and to allocate a suit...

5. [2023] NZEmpC 195 PIC Insurance Brokers Ltd v Pepper [pdf, 293 KB]

   ...As the application has only been made on notice to Ms Pepper, Mr Cooper, and Oceania, no discovery orders can be made in relation to potential claims against other intended defendants whose identities are unknown. I observe that the Court of Appeal stated in Exchange Commerce Corp Ltd v New Zealand News Ltd, that pre-commencement discovery can be used to obtain the name of an intended defendant where there is evidence of wrongdoing.6 However, I do not consider there is a sufficie...

6. Burroughs - Te Reti A23 (2008) 92 Tauranga MB 193 (92 T 193) [pdf, 2.6 MB]

   ...any application for a status change. [9] The superior courts have also provided guidance on the issue of status change and alienation generally. In addition to Brown v Maori Appellate Court there is of course the important judgment of the Court of Appeal Valuer-General v Proprietors Mangatu Incorporation [1997] 3 NZLR 641 . At page 649 of the decision, Richardson P makes it plain that the Act provides for alienation but in limited circumstances: "The 1993 Act imposes very signific...

7. [2007] NZEmpC 37A/07 Yong t/a Yong and Co Chartered Accountants v Chin [pdf, 20 KB]

   ...determination remain undisturbed. [8] The Court has a wide discretion to make such orders as to costs as it thinks fit. That discretion must, however, be exercised in a principled way. The essential principles have been established by the Court of Appeal in a series of judgments including that in Binnie v Pacific Health Limited [2002] 1 ERNZ 438. The accepted approach is that an appropriate starting point for an award of costs is two thirds of the costs actually and reasonably...

8. [2021] NZACC 118 - Baker v ACC (3 August 2021) [pdf, 313 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 118 ACR 137/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN HARLEY BAKER Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 21 June 2021 Heard at: Auckland/Tamaki Makaurau Appearances: Mr D Heperi, advocate for the appellant Ms F Becroft for the res...

9. 17 August 2022 Aokautere Land Holdings Limited v Palmerston North City Council [pdf, 203 KB]

   ...SCHEDULE OF PROCEEDINGS Designation requirement: PNCC - 52 Johnston Drive ENV-2021-330-000004 Aokautere Land Holdings Limited (ALHL) v Palmerston North City Council Appeal Against Decision Of Requiring Authority pursuant to Section 174 of the Resource Management Act 1991 Court Reference: ENV-2021-WLG-000026 1. i. Topic:

10. [2023] NZEmpC 194 Watkins v Highmark Homes Ltd [pdf, 199 KB]

    ...7, at [37]. Almond v Read that the merits will not generally be relevant where there has been an insignificant delay as a result of a legal adviser’s error, and the proposed respondent has suffered no prejudice (beyond the fact of an appeal).10 [15] There is no evidence before me that would enable me to make any findings in relation to lack of merit. Conclusion [16] Taking into account the above factors and the overarching consideration of the interests of justice, I...