Search Results

1. Heta - Taiharuru 4C3B (2010) 13 Taitokerau MB 203 (13 TTK 203) [pdf, 146 KB]

   ...Act”) that suggest that such a division of titles may not be a “partition” and therefore may be beyond the jurisdiction of this Court. [33] In Whangarei County Council – Rehuotane B2D2 and others3 the Māori Appellate Court allowed three appeals where the lower Court had granted partition orders creating multiple sections, the majority of which were then vested in the same owners in their same shares. The factual background was that these were coastal subdivisions where the t...

2. [2006] NZEmpC CC 12/06 Bayliss Sharr & Hansen v McDonald [pdf, 85 KB]

   ...spell was broken and the relationship effectively at an end. [22] The key principles to be applied in determining whether a termination of employment such as this should be regarded as a constructive dismissal are those enunciated by the Court of Appeal in Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 where, at page 172, the Court said: In such a case as this we consider that the first relevant question is wheth...

3. [2022] NZEmpC 174 Ashby v NIWA Vessel Management Ltd [pdf, 279 KB]

   ...Authority’s determination on that issue. NIWA Vessel submits that if Ms Ashby had wished the Authority to award more than $20,000, she should have filed an amended statement of problem in the Authority. [42] NIWA Vessel relies on the Court of Appeal’s judgment in McCulloch and Partners v Smith.8 The appeal was from a judgment of the Employment Court in which the Employment Court had awarded a plaintiff $27,500 even though they had only sought $15,000 in their statement of...

4. LCRO 192/2017 KY v QW, Official Assignee (27 September 2019) [pdf, 141 KB]

   ...scope of review [33] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:9 … 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...

5. LCRO 185/2020 BC v DE and FG decision & minute (20 May 2021 & 30 April 2021) [pdf, 201 KB]

   ...the issue as being whether it was the “appropriate forum to consider Ms BC’s complaint.”1 It further noted that a Committee “can decide to take no further action on a complaint where it considers there is an adequate remedy or right of appeal that would be reasonable for the complainant to exercise.”2 [28] The Committee then observed that the Office of the Privacy Commissioner “was established to provide information on privacy matters and to resolve privacy disputes, for...

6. LCRO 151/2016 and 157/2016 NS v TD and TD v NS (27 September 2018) [pdf, 325 KB]

   ...safely be ignored. 3 [11] However, the Family Court judge who heard the protection order application accepted and used the Facebook material as propensity evidence when he made a protection order in favour of Ms R against Mr L. [12] Mr L appealed that order, with Mr NS still acting for him. One of the grounds advanced was that the Family Court judge erred in law in relying on the Facebook material as propensity evidence. [13] The High Court judge noted that Mr NS had acted...

7. [2021] NZEnvC 006 Bay of Islands Maritime Park Inc v Northland Regional Council [pdf, 694 KB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KITAMAKIMAKAURAU IN THE MATTER OF BETWEEN AND [2021] NZEnvC 006 an appeal under clause 14 of Schedule 1 of the Resource Management Act 1991, and of a Declaration pursuant to section 310 of the Act, and of NES-F 2020 and jurisdiction on appeals before this Court on Topics 7, 9 and 15 BAY OF ISLANDS MARITIME PARK INCORPORATED (ENV-2019-AKL-117) CEP SERVICES MA TAUWHI LIMITED (ENV-2019-AKL-111) ROYAL FOR...

8. David Bain report of Hon Ian Binnie QC on compensation claim [pdf, 1.1 MB]

   ...My mandate letter states that the ordinary Cabinet Guidelines respecting compensation  for the wrongfully convicted do not apply in this case because David Bain did not receive a free  pardon and the Privy Council, in allowing his appeal, did not acquit him or stay further criminal  proceedings.  4. Accordingly, David Bain’s claim for compensation falls to be considered outside the  ordinary Cabinet Guidelines for compensatio...

9. Cooper v Hamilton Pharmacy 2011 Ltd (Strike-Out Application) [2017] NZHRRT 38 [pdf, 439 KB]

   ...against Hamilton Pharmacy for its alleged breach of the Record of Settlement. It is claimed the disclosures earlier referred to were in breach of an express term of confidentiality. When the ERA dismissed his application for name suppression Mr Cooper appealed to the Employment Court. In that court an unopposed interim suppression order was made by Chief Judge Colgan on 8 May 2015. That order was continued by Judge Perkins on 16 July 2015. However, since obtaining interim name suppre...

10. [2022] NZEmpC 183 Butt v Attorney-General [pdf, 372 KB]

    ...Response Earthquake Services Ltd v Dodds, above n 7, at [115]. 11 Wakelin v RH & EA Jackson Ltd HC Auckland A1131/83, 6 August 1984 at 8. [37] The test for whether a statement conveys a representation was summarised by the Court of Appeal in Ridgway Empire Ltd v Grant. The Court held:12 [11] Whether there has been a misrepresentation of fact is not determined merely by considering the literal meaning of the words used without regard to the context. The enquiry is what...