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1. LCRO 195/2016 AJR v BKT (29 October 2018) [pdf, 159 KB]

   ...scope of review [34] 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. Calculating the costs and revenues of the alcohol licensing system - October-2018 [pdf, 334 KB]

   ...Generally, licence application fees are intended to cover the costs associated with processing licence applications (Regulation 19(1)(a) activities). These include the TA’s costs of assessing and making decisions on such licences and any appeals that go to the Alcohol Regulatory and Licensing Authority (ARLA). Annual licence fees Annual fees are generally intended to cover the costs of monitoring and enforcement of licence holders throughout the life cycle of the licenc...

3. Broughton - Kahurangi Trust (2021) 434 Aotea MB 131 (434 AOT 131) [pdf, 262 KB]

   ...details of the trust. Even so, where justified, aspects of operational management may require review, especially where there is an apprehension of risk to the assets of the trust or a serious allegation requiring inquiry.12 [23] The Court of Appeal decision Rameka v Hall is another important authority regarding the review of trusts, the enforcement of obligations of trust and the removal and replacement of trustees.13 That decision emphasised that, while their will invariably be...

4. LCRO 224/2020 & LCRO 230/2020 EZ v MQ and MQ v EZ (19 May 2021) [pdf, 181 KB]

   ...scope of review [23] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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. [2023] NZEmpC 64 Whangamata Golf Club Inc v Harwood [pdf, 261 KB]

   ...third parties; (e) the novelty and importance of questions involved in the case; (f) the public interest in the proceeding; and (g) the overall balance of convenience. [10] In Bathurst Resources Ltd v L & M Cole Holdings Ltd, the Court of Appeal referred to applications of this kind.6 It noted that the restraint of such orders should be the least necessary to preserve the losing party’s position against the prospect of the appeal succeeding. In the case of a money judgmen...

6. [2022] NZEmpC 115 Kowhai Intermediate School Board of Trustees [pdf, 239 KB]

   ...good faith; (c) the effect on third parties; (d) the novelty and importance of questions involved in the case; (e) the public interest in the proceeding; and (f) the overall balance of convenience. [19] Reference was made to the Court of Appeal’s judgment as to stay in Bathurst Resources Ltd v L & M Cole Holdings Ltd.6 There, it was noted that the restraint of orders should be the least necessary to preserve the losing party’s position against the prospect of the appe...

7. LCRO 1/2020 NR v YB (28 June 2021) [pdf, 150 KB]

   ...scope of review [10] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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...

8. LCRO 119/2022 FT v GS (31 October 2022) [pdf, 183 KB]

   ...scope of review [24] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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...

9. [2022] NZEmpC 46 UQE v TBN [pdf, 213 KB]

   ...period ran from 5 June 2019. [19] Whether an employer has consented to a grievance being raised after the expiration of the 90-day period is a question of fact and degree.10 Consent does not need to be express; it can be implied.11 As the Court of Appeal has observed: 12 9 Employment Relations Act 2000, s 114(1). 10 See Commissioner of Police v Hawkins [2009] NZCA 209, [2009] 3 NZLR 381 at [23] (emphasis added) endorsing the approach adopted by the Employment Court in Jacobsen...

10. Kapiti-Coast-District-Council-Cover-Letter-Form-7a-and-Form-18-20221101.pdf [pdf, 446 KB]

    ...which has given key potential submitters and the community a sound understanding of the Project and the matters that are likely to be issues in respect of the applications; and − a decision made by GW would likely come to the Environment Court on appeal because there is significant local and regional interest in the Project and there are a number of potentially affected parties such that the likelihood of an appeal is high. • The Ō2NL Project is complex, because it includes substan...