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1. LCRO 50/2017 TG v JT and TAP LIMITED (26 January 2018) [pdf, 292 KB]

   ...Scope of Review [18] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … 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...

2. Jones v Accident Compensation Corporation (Personal Injury) [2024] NZACC 106 (25 June 2024) [pdf, 209 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 106 ACAR 251/23 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN DAVID JONES Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 17 June 2024 Held at: Wellington/Te Whanganui-a-Tara by AVL Appearances: B Hinchcliff for the Appellant F Becroft for the Accident Co...

3. [2019] NZEmpC 37 Derbie v Tranzurban Hutt Valley Ltd [pdf, 674 KB]

   ...meal breaks defined by, or under, the other enactment applies instead of this Part. [19] These particular provisions applied from 6 March 2015, replacing those which were contained in the original Part 6D which took effect in 2009. The Court of Appeal described the 2015 regime as one which created a “a more flexible formula”: Lean Meats Oamaru v New Zealand Meat Workers and Related Trades Union Inc.5 [20] In an earlier decision, Jetstar Airways Ltd v Greenslade, the Court of Ap...

4. Robinson Family Trust v Auckland Council [2012] NZWHT Auckland 8 [pdf, 203 KB]

   ...subsequent purchasers of residential properties for defects caused or not prevented by its building inspector‟s negligence.5 [34] The High Court decision of Body Corporate 188529 v North Shore City Council (Sunset Terraces)6, which was upheld on appeal by the Supreme Court, clarified that the duty of a local authority was to take reasonable care in performing its inspection work during construction and to ensure compliance with the building consent issued and to only certif...

5. [2019] NZEmpC 159 Allied Investments Ltd t/a Allied Security v Cradock [pdf, 350 KB]

   ...Cradock’s IEA was ambiguous. The first sentence requires notice; the second sentence does not. b) Section 67B(1) of the Act is clear. A notice of termination is to be given, which is an obligation that cannot be contracted away. c) The Court of Appeal stated in Ioan13 that ss 67A and 67B do not remove longstanding employee protections and must therefore be interpreted strictly. This meant that s 67B required the termination of a trial period to be on notice, and that a summa...

6. NZLS 19 Mar 2013 Giving Evidence [pdf, 281 KB]

   ...evidence, a mistrial is declared for some reason and the matter has to be retried; ·· when a jury is unable to reach a decision (this is known as a “hung” jury) and the matter has to be retried; · PAGE 8 · GIVING EVIDENCE ·· when an appeal results in an order for a retrial – otherwise appeals do not usually require you to give evidence again. WHAT HAPPENS AFTER I’VE GIVEN EVIDENCE? When you have answered all the questions from both sides, your part in the proceed...

7. LCRO 42/2022 QA v Kennelly (19 April 2023) [pdf, 232 KB]

   ...corrected on review, and the findings of unsatisfactory conduct should be dismissed. Nature and scope of review [69] The High Court has described a review by this Office in the following way:20 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...

8. Trustpower - Supplementary - S Styles - Planning (23 March 2021) [pdf, 1.2 MB]

   ...sections. Policy 41 – Matching monitoring to risk Consider the risk of adverse environmental effects occurring and their likely magnitude when determining requirements for auditing and supply of monitoring information on resource consents. 47 Appeal to Environment Court by (i) Southland Fish and Game Council ENV-2018-CHC-000037 (ii) Federated Farmers of New Zealand ENV-2018-CHC-000040 (iii) Royal Forest and Bird Protections Society of New Zealand Incorporated ENV-2018-CHC-000050...

9. LCRO 45/2020 MN v RK (22 December 2020) [pdf, 249 KB]

   ...scope of review [32] 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...

10. [2010] NZEmpC 160 Mc Culloch & Ors v NZFS Council [pdf, 181 KB]

    ...exclusive jurisdiction, is higher than it was in the High Court for a stay of the proceeding there. It is certainly more than a mere assertion that there has been a strike and the proceedings relate to that. Even on a question of stay, the Court of Appeal noted in New Zealand Labourers Union v Fletcher Challenge Ltd: 2 … a defendant applying for a stay should usually be granted one if on the pleadings and any supporting evidence he satisfies the High Court Judge that it is rea...