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1. [2024] NZREADT 27 - BL & DL v REAA (20 August 2024) [pdf, 276 KB]

   ...consideration; or (4) was plainly wrong. [19] It was submitted by the Registrar that, subject to these limitations, the Registrar’s decision must be confirmed, even if the Tribunal might come to a different decision on the merits if it was a general appeal. [20] We accept counsel’s submissions as to the nature of this review. We will, in deciding whether these limited grounds of review have been made out, need to make some assessment of the merits, without reaching any conclus...

2. [2024] NZEmpC 163 LDJ v EZC Costs [pdf, 209 KB]

   ...relation to costs in the Authority, the respondent opposes LDJ’s application for costs and seeks costs of $2,250 on the basis that it was the successful party. It submitted that the successful application in the Court was not in the nature of an appeal and that it did not overturn the Authority’s decision. It also opposes the claim for disbursements in the Authority on the basis that it was the successful party and that, in relation to the filing fee for the statement of problem...

3. Otago Standards Committee v Cottrell [2024] NZLCDT 25 (27 August 2024) [pdf, 117 KB]

   ...was also the sole director and shareholder. 4 advised him that his work visa application had been declined in October 2019. Mr S was shocked to learn this because he knew that meant his status in the country was illegal and the 42-day appeal period had expired. Shortly afterwards, he terminated his engagement with Cottrell Law. [14] Ms Cottrell had failed to advise Mr S that from April 2019 he was unlawfully in New Zealand and liable to deportation. She further faile...

4. [2024] NZIACDT 26 – QN v Nandan (12 November 2024) [pdf, 227 KB]

   ...and her husband. Immigration New Zealand (Immigration NZ) declined residence on 19 November 2018 on the ground that the complainant had provided false evidence. The complainant and Ms Nandan blamed each other for the false document. [7] An appeal to the Immigration and Protection Tribunal was dismissed on 5 June 2019. [8] A complaint against Ms Nandan was made by the complainant to the Authority on 23 October 2019. 1 QN v Nandan [2024] NZIACDT 22. 3 Decision of the...

5. [2021] NZEnvC 127 Kainga Ora v Whangarei District Council [pdf, 3 MB]

   Kāinga Ora - Homes and Communities v Whangārei District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2021] NZEnvC 127 IN THE MATTER of the Resource Management Act 1991 AND of an appeal under clause 14 of the First Schedule of the Act BETWEEN KĀINGA ORA - HOMES AND COMMUNITIES (ENV-2020-AKL-000133) Appellant AND WHANGĀREI DISTRICT COUNCIL Respondent Court: Environment Judge J A Smith sitting alone u...

6. LCRO 086/2017 AC v BD (15 November 2018) [pdf, 206 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:7 … 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...

7. [2022] NZEmpC 159 BAC v TRS [pdf, 174 KB]

   ...resolution of this matter before the Court is declined. [21] I do, however, make a non-publication order over the names of the parties for 28 days from the date of this judgment, recognising that the plaintiff may wish to apply for leave to appeal this judgment. Unless otherwise ordered, the non-publication order will then cease to have effect. Stay application not proper approach [22] As noted, the plaintiff has also made an application for a stay of the Authority’s dete...

8. [2018] NZEnvC 073 Skyline Enterprises Limited v Queenstown Lakes District Council [pdf, 1.2 MB]

   ...helpful guide: (a) length of delay; (b) reasons for delay; (c) scheme of the Act relating to public participation ; (d) what has happened in the proceeding in the meantime; (e) what effect introducing new parties might have on progressing the appeal to resolution . [14] The s274 notice was filed four days late which is not excessively late in the absence of any party raising any issues of prejudice. Mr Walker does not give any compelling reasons for his delay. While there may...

9. Holden - Hiraani Te Hei (2011) 271 Aotea MB 106 (271 AOT 106) [pdf, 72 KB]

   ...in relation to the adoption of the children were bona fide and that the adoption should be recognised. Kathleen Blake and Ralph Wellwood were held to be entitled to succeed to Hiraani Te Hei according to Māori custom. [13] On 18 May 1906 an appeal was heard by the Native Appellate Court against the decision referred to above. The issues for the Appellate Court were firstly, whether the children were adopted and secondly, what effect must be given to the registration of an adopti...

10. Re Jones (Rejection of Statement of Claim) [2021] NZHRRT 19 [pdf, 116 KB]

    ...with the agency concerned; or (b) there is an alternative dispute resolution process available to resolve the complaint because of the agency’s membership of a particular profession or industry; or (c) there is an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be reasonable for the complainant to pursue; or (d) the complaint relates to a matter in respect of which a code of prac...