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1. Auckland Standards Committee v Cropper [2017] NZLCDT 6 [pdf, 76 KB]

   ...1 National Standards Committee v Keith Jefferies [2016] NZLCDT 29. 5 [19] The decision which most closely bears on the present one is that of Jefferies (six months suspension) and we note that this decision is currently under appeal. We accept the submission that the offending in that matter was slightly more serious and that certainly the aggravating features present in that case distinguish it from this, as do the comprehensive and determined steps taken by this...

2. Gill v Singh [2017] NZIACDT 5 (6 April 2017) [pdf, 82 KB]

   ...incorrect advice as a result is not contested. This is not a case where a party has simply failed to call evidence that was available, and only chose to do so after an adverse result. The circumstances come within the general principles where an appeal or application for rehearing is allowed due to a fundamental error on the part of counsel. The misunderstanding regarding the right to silence, and the drawing of adverse inferences is quite different from the inevitable decisions that...

3. Chee v Stareast Investment Ltd [pdf, 23 KB]

   SUMMARY Case: Chee & Anor v Stareast Investment Ltd & Ors File No: TRI 2008-100-000091/ DBH 05577 Court: WHT Adjudicator: C Ruthe Date of Decision: 21 July 2009 Background The claimants brought a claim regarding their leaky home whereby much of the proposed remedial work was to prevent future possible leaks rather than for the low- level damage recorded to date. The Tribunal was therefore required to make determinations regarding the involvement of the following re

4. Whaanga - Anewa (2012) 22 Tairawhiti MB 167 (22 TRW 167) [pdf, 238 KB]

   ...RESERVED JUDGMENT OF JUDGE C T COXHEAD 22 Tairāwhiti MB 168 Introduction [1] The background to this application is outlined in the Māori Appellate Court decision recorded at 2011 Māori Appellate Court MB 428 (2011 APPEAL 428). I do not propose to restate what the Māori Appellate Court has already sufficiently summarised. [2] This application was remitted to the Māori Land Court for consideration of three matters, as noted at [75] of the M�...

5. CAC 2006 v Azimi - Interim Suspension [2012] NZREADT 43 [pdf, 30 KB]

   ...of its decision and (a) include in the notice the grounds for the decision, the date on which the suspension takes effect, and the period or duration of the suspension; and 4 (b) specify in the notice the right of the licensee to appeal to the High Court under section 116. Discussion [7] The pre-requisite to ordering interim suspension is that the licensee has been charged under s.91 (refer s.115(1)(a)). The ground for interim suspension is set out in s.115(1)(b...

6. [2010] NZEmpC 154 Villegas v Visypak (NZ) Ltd [pdf, 68 KB]

   ...behalf, had raised an issue over the interpretation of this clause. A dismissal based on only the employer’s interpretation of a disputed clause would not have been fair and reasonable. The situation was not unlike that dealt with by the Court of Appeal in Sky Network Television Ltd v Duncan.1 There the respondent refused to work the rostered shifts he was ordered to on the basis of advice from the Union that the roster changes were unenforceable. The Court of Appeal held that...

7. [2010] NZEmpC 43 Eden v Rutherford & Bond Toyota Ltd [pdf, 25 KB]

   ...Chartered Accountants v Chin.3 Although, at first instance in this Court, the Judge considered that it was open to do what the defendant now seeks, in the Court of 3 [2007] ERNZ 322. Appeal4 at paragraph [16] of the judgment it is noted that the Court ought not to have allowed an increase in the absence of the other party being put on notice that this was in contemplation. I do not consider that Mr Eden has been given fair...

8. Acoustic – Supplementary (dated 13 June 2017) [pdf, 241 KB]

   1 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent ACOUSTICS – SUPPLEMENTARY JOINT WITNESS STATEMENT 13 June 2017 2 Introduction 1. Malcolm Hunt (engaged by Dunedin City Council) and Stephen Chiles (engaged by Blue...

9. AFF v ZUP [2013] NZDT 350 (19 November 2013) [pdf, 65 KB]

   ...Whilst it is technically possible under s 7 of the CMA to order a refund if this is “just”, this section should not be used except in exceptional circumstances to override the general principle in the CRA, reinforced in the High Court and Court of Appeal, that buyers of goods in private sales can apply only for damages. A buyer making a private purchase must accept that there remains a risk of loss that cannot be recovered, putting a high value on their pre-purchase homework....

10. Briefing for incoming Minister 2017 - Attorney-General [pdf, 1015 KB]

    ...hold jury warrants under the Criminal Procedure Act 2011. Employment Court – Employment Court judges are appointed under section 200 of the Employment Relations Act 2000. Environment Court – The Environment Court considers applications and appeals made under the Resource Management Act 1991. The Court consists of a mix of judges and Commissioners and appointments are made after consultation with the Minister for the Environment and the Minister of Māori Affairs. Immigration and...