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1. Clearwater Cove Apartments Body Corporate 170989 v Auckland Council [2011] NZWHT Auckland 39 [pdf, 389 KB]

   ...RESIDENTIAL UNIT OWNERS IN A MIXED USE DEVELOPMENT? [23] Ms Thodey submitted that the Council did not owe a duty of care to residential owners in a mixed commercial/residential development. However, since this claim was heard the Court of Appeal considered this issue in North Shore City Council v Body Corporate 207624 (Spencer on Byron).6 [24] In Spencer on Byron the application for building consent referred to the ―Byron Avenue hotel‖ and described it as a hotel/a...

2. Darryl Sycamore [pdf, 457 KB]

   ...array of native fauna including threatened bird species. Those birds are free to migrate to, and beyond the Ecosanctuary perimeter. 2522007 page 5 The revised proposal 25 Following the decision by the Commissioner, the application was appealed and revised. Mediation was conducted, although no resolution was reached. The revised proposal is set out in the evidence of Mr Scott Willis. The key difference is the three-turbine proposal has been amended to that of a single tur...

3. [2018] NZEnvC 083 Willowridge Developments Ltd v Queenstown Lakes District Council [pdf, 11 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: IN THE MATTER AND BETWEEN AND Decision No. [20181 NZEnvC 83 of the Resource Management Act 1991 of an appeal pursuant to section 120 of the Act WILLOWRIDGE DEVELOPMENTS LIMITED (ENV-2017 -CHC-27) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J R Jackson Environment Commissioner J R Mills Environment Commissioner D J Bunting Hearing: at Wanaka on 4 and 5 December...

4. Supplementary Government Response to Law Commissions report [pdf, 479 KB]

   ...complaints can be resolved quickly and efficiently. The proposal will enable the Commissioner to make decisions on complaints relating to access to information, rather than the Human Rights Review Tribunal. The Commissioner’s decisions can be appealed to the Tribunal. This implements a recommendation of the Law Commission. 5 Other proposals The Government has also agreed to a number of other proposals, including: • creating new offences relating to misleading an agen...

5. Director of Proceedings v Smith (Application for Final Non-Publication Orders) [2019] NZHRRT 32 [pdf, 695 KB]

   ...New Zealand Bill of Rights Act we summarise our conclusions before returning to the facts of the case. The decision in Waxman [72] The significance of Waxman lies in its interpretation of HRA, s 107 in the light of the decision of the Court of Appeal in Y v Attorney-General [2016] NZCA 474 (4 October 2016) and the subsequent (and superseding) decision of the Supreme Court in Erceg v Erceg [2016] NZSC 135, [2017] 1 NZLR 310. Both senior court decisions addressed the test to be applie...

6. LCRO 136/2017 RAI and SEM v EYR, IPA and DYN (26 November 2018) [pdf, 333 KB]

   LCRO 136/2017 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [City] Standards Committee [X] BETWEEN RAI and SEM Applicant AND EYR, IPA and DYN Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Ms RAI and Mr SEM (the applicants) have applied for a review of a decision by th

7. [2023] NZEmpC 56 Te Whatu Ora – Health New Zealand v Public Service Association, Te Pūkenga Here Tikanga Mahi [pdf, 471 KB]

   ...continues to be, undervalued due to systemic gender-based discrimination. That consequence is part of the interpretative context. [95] The updating of the EP Act involved an unusual process. It followed the important 2014 judgment of the Court of Appeal in Terranova Homes & Care Ltd v Service and Food Workers Union Nga Ringa Tota Inc, where the Court found the Equal Pay Act 1972 in its then form contained a pay equity regime.41 It recommended that this Court establish princ...

8. LCRO 149/2020 WM v VE and DP (14 December 2021) [pdf, 361 KB]

   ...scope of review [53] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:11 … 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 th...

9. [2015] NZEmpC 6 Edwards v Board of Trustees of Bay of Islands College [pdf, 821 KB]

   ...this case [11] There is another factor affecting dismissals for particularly serious misconduct. As long ago as in New Zealand (with exceptions) Shipwrights etc Union v Honda New Zealand Ltd, 3 the Labour Court established (and the Court of Appeal confirmed) 4 that the more serious an allegation against an employee said to justify dismissal, the higher the expected standard of proof of that allegation must be. That is a principle which has been followed consistently over decade...

10. Wilton TRI-2021-100-002 [2023] NZWHT AUCKLAND 01 [pdf, 629 KB]

    IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2021-100-002 [2023] NZWHT AUCKLAND 01 BETWEEN HELEN BERNADETTE O’SULLIVAN, FIONA CHERIE WHITE & ANDREW RODGER WILTON as trustees of the WILTON FAMILY TRUST Claimants AND DEANE FLUIT BUILDER LTD First Respondent AND TAB DESIGN LTD (Removed) Second Respondent AND TILING SOLUTIONS WANAKA LTD Third Respondent AND QUEENSTOWN LAKES DISTRICT COUNCIL Fourth Respondent AND HEMPEL (WATTYL) NEW ZEALAND LTD formally called VALSPAR PA