Search Results

1. [2018] NZEmpC 141 Solid Roofing Ltd v Newman [pdf, 206 KB]

   ...subsequent to the first determination.4 [4] The plaintiff argues that its challenge to the first determination of the Authority also includes a challenge to the second determination of the Authority on costs. This cannot be the position. The statement of claim initiating the challenge to the first determination was filed with the Court on 31 July 2018. The subsequent determination of the Authority on costs was dated 15 August 2018. If the plaintiff had wished to challenge that...

2. FQ v EB [2023] NZDT 777 (6 November 2023) [pdf, 90 KB]

   ...35 provides for damages where a party to a contract has been induced to enter into it by a misrepresentation, whether innocent or fraudulent, made to that party by or on behalf of another party to the contract. In law, a misrepresentation is a false statement of past or present fact. On the evidence before me, I find that the buyer was induced into the contract by false statements regarding the bike’s condition. What remedy, if any, should be granted to the buyer? CI0301_CIV_DCDT_...

3. Taylor v Southern District Health Board (Extension of Time) [2018] NZHRRT 30 [pdf, 165 KB]

   ...Gallaway and Ms M Nicol for first defendant Ms K Wills for second defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 2 July 2018 DECISION OF TRIBUNAL GRANTING FIRST AND SECOND DEFENDANTS EXTENSION OF TIME FOR FILING STATEMENT OF REPLY1 1 [This decision is to be cited as Taylor v Southern District Health Board (Extension of Time) [2018] NZHRRT 30.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 30...

4. [2022] NZEnvC 105 Meridian Energy Limited v Mackenzie District Council [pdf, 735 KB]

   ...Meridian preferred this approach if it would assist the court. 2 Meridian memorandum dated 11 October 2021, at [2], submissions for Meridian dated 15 December 2021, at [5]. 4 a) meet the criteria listed in the Canterbury Regional Policy Statement’s Policy 9.3.1 and Appendix 3; or b) are listed in Appendix I as a Site of Natural Significance; and c) includes any areas that do not comprise improved pasture within the glacial derived or alluvial (depositional) outwash and...

5. BORA Public Health Bill [pdf, 617 KB]

   Public Health Bill 22 November 2007 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: PUBLIC HEALTH BILL 1. On 14 November 2007, we provided you with preliminary advice as to whether the Public Health Bill (PCO 7138/21) ('the Bill') is consistent with the New Zealand Bill of Rights Act 1990 ('the Bill of Rights Act'). We have now had an opportunity to review version 22 (PCO 7138/22) of the Bill. We understand that the Bill

6. Regulatory Impact Statement Managing the cost of legal assistance in the justice sector [pdf, 200 KB]

   1 Managing the cost of legal assistance in the justice sector : Regulatory Impact Statement Agency Disclosure Statement This Regulatory Impact Statement has been prepared by the Ministry of Justice. It provides analysis of the options to create a more sustainable approach to the provision of legal aid (and similar court-funded services), and restrain the growth in expenditure that has occurred in recent years. The analysis identifies the past drivers of legal aid expenditure...

7. [2013] NZEmpC 240 Fox v Hereworth School Trust Board Second Interlocutory [pdf, 212 KB]

   ...affidavits and other information and Mrs Fox has now done so. [3] These opposed applications must be decided in the context of the proceedings gleaned by a consideration of the challenged determination of the Authority, the parties’ operative statements of claim and defence, and some affidavit evidence now filed. The following synopsis is broader than was summarised in the first interlocutory judgment between the parties relating to non-party document disclosure....

8. [2019] NZEnvC 175 Stone v Hastings District Council [pdf, 684 KB]

   ...not diminished by encouraging the retention of larger land parcels and limiting the scale and intensity of residential activity. [8] The Court found that the PDP has recently been prepared and should be respected as containing the most recent statement of the community's aspirations for its district. To grant consent may give rise to concerns about public confidence in the consistent application of the rules in the PDP. The Court considered that in a rural environment, it is li...

9. [2014] NZEmpC 40 Dumolo v Lakes District Health Board [pdf, 157 KB]

   ...proper process was adopted by LDHB. Secondly, Mr Dumolo challenges the determination that the LDHB was justified in deciding that serious misconduct had occurred and that the dismissal was appropriate. [7] The relief sought is set out in the statement of claim as follows: a) A finding of the Court that the plaintiff was unjustifiably dismissed (both procedurally and substantively). 1 [2011] NZERA Auckland 343. b) An...

10. Proactive release - Electoral Amendment Bill No2 [pdf, 1.9 MB]

    ...withheld in accordance with section 61 of the Legislation Act 2012 and section 9(2)(h) of the OIA to maintain legal professional privilege. Legislative instruments are publicly available at www.legislation.govt.nz/. The Departmental Disclosure Statement is publicly available http://disclosure.legislation.govt.nz. 7 Electoral Amendment Bill (No 2): Additional due diligence requirement Cabinet Minute: CAB-19-MIN-0636 Cabinet Office 2 December 2019 Some information has bee...