Search Results

1. [2018] NZEnvC 084 Director General of Conservation and Royal Forest and Bird Protection Society of NZ v Invercargill City Council [pdf, 6.2 MB]

   ...or attempt to cover matters which T Land N L Bryant Holdings Ltd v Marlborough District Council [2008] NZRMA 485 (HC) at [50]. Waimakariri District Council v Norlh Canterbury Clay Target Association [2014] NZEnvC 114 at [23]. (This decision was appealed to the High Court and Court of Appeal, but not on this question). N L Sitarz, evidence-in-chief Attachment 4 [Environment Court document 12]. National Planning Standards: Definitions (2017) MFE Discussion Paper G. p 12 National Plannin...

2. BORA Policing Bill [pdf, 415 KB]

   ...linked to the objective of clause 32. 47. In considering the proportionality, we consider broadly whether the limits place on sections 21 and 22 of the Bill of Rights are reasonably proportionate to the objective of clause 32. 48. The Court of Appeal in Moulton v Police stated that[18] "Of course it does not follow that, in the guise of asking for particulars, the police may delve into a person's past. In a sense, details of a person's schooling, employment record, succ...

3. [2018] NZEmpC 77 Jones v Downer NZ Ltd [pdf, 482 KB]

   ...Clerical IUOW v Greenwich [1983] ACJ 965, (1983) ERNZ Sel Cas 95 (AC) at 104. 4 Auckland Shop Employees Union v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA) at 374. 5 At 374 – 375. [60] Breaches of duty were discussed by the Court of Appeal in Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW (Inc) as follows:6 In such a case as this we consider that the first relevant question is whether the resignation has been caused b...

4. LCRO 16/2020 PF v VJ (22 September 2020) [pdf, 243 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:2 … 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. Proactive release - Prisoner Voting [pdf, 2 MB]

   ...The Tribunal also noted that the disqualification of sentenced prisoners is, in practice, acting as a permanent rather than a temporary ban on voting. 3. The Tribunal's report follows the High Court's declaration (upheld by the Court of Appeal and the Supreme Court) that the disqualification is inconsistent with the right to vote in the New Zealand Bill of Rights Act 1990 (NZBoRA). 4. In light of the Supreme Court upholding the declaration of inconsistency and the Waitangi...

6. [2023] NZEnvC 105 Wilson v Waikato Regional Council [pdf, 720 KB]

   WILSON v WAKATO REGIONAL COUNCIL – FINAL DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 105 IN THE MATTER of the Resource Management Act 1991 AND of an appeal under s120 of the Act BETWEEN WARWICK SUTHERLAND WILSON (ENV-2020-AKL-51) Appellant AND WAIKATO REGIONAL COUNCIL Respondent AND OHINAU AQUACULTURE LIMITED Applicant Court: Environment Judge J J M Hassan Environment Commissioner K A...

7. LCRO 126/2023 EG v HJ (28 November 2023) [pdf, 283 KB]

   ...section 148 of the Land Transfer Act 2017, a person, including the agent of a person, who lodges a caveat against dealings without reasonable cause is liable to pay compensation to a person who suffers loss or damage as a result, and the Court of Appeal found in Gordon v Treadwell Stacey Smith [1996] 3 NZLR 281 that section 148 (or the equivalent section in the previous legislation) extends to solicitors. [8] On 5 April 2022, the applicant’s lawyer sent a further letter to the responde...

8. [2025] NZREADT 05 - CAC 2204 v Cooper & Cooper Co Real Estate Ltd (17 February 2025) [pdf, 242 KB]

   ...principles identified by Wylie J in light of the Act’s purpose:10 (a) The Tribunal is given power to strike out a “proceeding”. That word is not defined in the Act, but I accept Mr Hodge’s submission that the power to strike out extends to appeals from Committee decisions to take no further action on complaints, whether pursuant to s 89(2)(c) or s 79(2)(a). (b) Before the power to strike out can be exercised, the Tribunal must be satisfied that one or more of the jurisdictional...

9. [2013] NZEmpC 85 Aarts v Barnados New Zealand [pdf, 328 KB]

   ...interpreted extensively in cases turning on the liability of secondary parties in criminal law (see the commentary on s 66 of the Crimes Act 1961 in Garrow and Turkington, Criminal Law in New Zealand, 7th ed, 1991). [29] In 2008, however, the Court of Appeal cautioned against drawing too heavily on criminal law concepts in New Zealand Bus Ltd v Commerce Commission. 7 The Court was there dealing with s 83(b) of the Commerce Act 1986 which makes liable to a civil penalty a person...

10. Guo v PwC (Discovery and Search Order) [2021] NZHRRT 22 [pdf, 349 KB]

    ...On 22 December 2016 Ms Guo filed a statement of claim in the High Court (CIV 2016-404-3267) alleging PwC breached its duties to her during her employment relationship. That proceeding was struck out by the High Court on 21 May 2018. Ms Guo then appealed to the Court of Appeal and then to the Supreme Court. That Court has yet to deliver judgment. [13] Mr McCulloch has deposed that it is his belief the purpose of the discovery and search order applications filed in the present proceed...