Search Results

1. [2023] NZEnvC 138 McCallum Bros Limited v Auckland Council [pdf, 2.1 MB]

   ...between all parties in achieving this and we consider that the outcome of this has been a considered and balanced approach. [61] [62] [63] 17 Accordingly, it appears to us that we should grant an interim/temporary consent with a clear statement of the consent that is granted and its limitations. Beyond that there are further conditions which relate to the operation itself which are set out in Annexure B, Schedule 1. To the extent some of the conditions repeat provisions o...

2. [2017] NZEmpC 53 Eden Group Ltd v Jackson [pdf, 137 KB]

   ...of an independent lawyer, a forensic computer expert and the plaintiff’s counsel. [24] The employment relationship problem was removed by the Authority to this Court in a determination dated 7 June 2016. 6 Thereafter, Eden Group filed a statement of claim in this Court, which repeated the causes of action which had originally been raised before the Authority. Subsequently, the defendants filed a statement of defence denying that they were liable for any of the alleged losses....

3. Ohinemango Lands Trust v Waikawa Lands Trust - Waikawa-Pahaoa 1B & 1C 2C 1B (aggregated) (2019) 223 Waiariki 78 (223 WAR 78) [pdf, 343 KB]

   ...Roads Board did not comply with r 108(6) of the Māori Land Court Rules 1958; (c) The Waikawa Lands Trust filed no consent from the Ōpōtiki County Council as required by 415(3)(a) of the 1953 Act; (d) The Waikawa Lands Trust filed no planning statement from the Ōpōtiki County Council as required by r 108(4)(b) of the 1958 Rules; and (e) The Waikawa Lands Trust did not adduce evidence on compliance with ss 179 and 180 of the Municipal Corporations Act 1954 as required by r 108(...

4. [2023] NZEnvC 095 Country Lifestyles Limited v Auckland Council [pdf, 428 KB]

   ...Council’s witness and their ability to correctly understand the erosion and sediment control plan (ESCP) provided. Mr Byrne, acknowledged he had made a mistake in understanding the ESCP, meaning he consequently misunderstood other valid and reasonable statements as presented in the ESCP. In addition, Mr Wedd submitted that: Mr Byrne has worked at the Council for 12 years and was not an independent witness. 28 Country Lifestyles Limited, at [108]-[109] and [116]. (t) [37] (...

5. [2025] NZIACDT 08 – JY v Wen (7 February 2025) [pdf, 175 KB]

   ...professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ in cogency, depending on the gravity of the charges.8 From the Registrar [32] The Tribunal has received from the Registrar the statement of complaint (14 May 2024) with a paginated bundle of documents. From the complainant [33] There are no submissions from the complainant. From the adviser [34] There is a statement of reply (11 June 2024) from Ms Wen. ASSESSM...

6. Committee on the Elimination of All Forms of Racial Discrimination – summary record 12th-14th reports (continued) [pdf, 125 KB]

   ...Acting Prime Minister had exhorted New Zealanders not to associate the Muslim community with those acts of terrorism. In that context, he would be interested in knowing what had happened in New Zealand to prompt the Prime Minister to make such a statement. He asked whether Muslims had been victims of racist acts. He also wished to know how many Arab or Muslim asylum-seekers were currently in detention, as well as their countries of origin and the kind of treatment they had received. 3...

7. BORA Criminal Proceeds and Instruments Bill [pdf, 350 KB]

   ...expression it constitutes a justified limitation on that right in terms of s 5 of the BORA. Self-incrimination 49. Section 23(4) of the BORA provides that every person who is detained under any enactment has the right to refrain from making any statement. However, clause 136 provides that no person is excused from answering any question, providing any information, producing any document, or providing any explanation on the ground that to do so would or might incriminate or tend to inc...

8. NLT v Coetzee [2019] NZIACDT 81 (10 December 2019) [pdf, 144 KB]

   ...the employer and discuss entering into an independent contractor arrangement. The employer duly prepared that contract. 1 Letter from employer’s solicitor, 31 January 2017; documents supporting the statement of complaint at 32. 5 [21] An invoice was sent by Ms Coetzee to the complainant, dated 19 September 2016, for the work in switching him from an employee to an independent contractor, including advising Immigration New Zealand....

9. Modifying-the-Sentencing-Reinstating-Three-Strikes-Amendment-Bill_FINAL.pdf [pdf, 876 KB]

   ...option C, plus a process for the court to remove previous warnings on application by a defendant if charged with further offending, if retaining the warning would be manifestly unjust. 6 The options bring a stronger law and order focus to the reinstatement of three strikes. . 7 8 The financial impact of a combination of options is estimated at between $18.0-32.4 million after 10 years, compared to the Bill in its current form which is estimated at between $4.8-1...

10. [2014] NZEmpC 33 Fox v Hereworth School Trust Board No 3 Interlocutory [pdf, 120 KB]

    ...the plaintiff. They are documented communications between her and any other person which took place in the period between 17 July 2009 and 18 April 2012. They are documents related to information that may have formed the basis of a number of statements which appeared in a series of emails sent anonymously to members of the school community from a source known as aromabadlaughs@hushmail.com. These emails contained adverse allegations about the school, its Board and senior managemen...