Search Results

1. [2024] NZEmpC 25 Roberts v The Chief Executive of the Department of Corrections [pdf, 280 KB]

   ...Compensation Act, s 317(2)(b). pleadings, the Court must assume that pleaded breaches can be proved. There is no basis to strike out these claims. [30] In relation to the second element of the claim, in Attorney-General v B, the Court of Appeal confirmed that: “The critical issue is whether damages which are sought in a common law proceeding are damages ‘arising directly or indirectly out of personal injury covered’ by the legislation.”14 It said that the apprehen...

2. [2023] NZEnvC 049 Bay of Islands Maritime Park Incorporated v Northland Regional Council [pdf, 467 KB]

   Topic 14 Marine Protected Areas IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 049 IN THE MATTER OF appeals under clause 14 of Schedule 1 of the Resource Management Act 1991 BETWEEN BAYS OF ISLANDS MARITIME PARK INCORPORATED (ENV-2019-AKL-117) ROYAL FOREST & BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2019-AKL-127) Appellants AND NORTHLAND REGIONAL COUNCIL Respondent Court: J...

3. [2023] NZEmpC 87 Riddler v Meridian Energy Ltd [pdf, 239 KB]

   ...proceeding before the Authority between Mr Riddler and that company to which Meridian could be joined. He could have preserved an opportunity to take action that potentially encompassed Meridian by not settling with Fujitsu. That may not have been an appealing prospect if it involved a delay in resolving the personal grievance and increased his costs. Nevertheless, it was an option. [50] I do not accept Ms Hubble’s submission that an approach should be adopted to s 103B tha...

4. [2023] NZREADT 31 - CAC 2102 v Hoogwerf (2 November 2023) [pdf, 223 KB]

   ...engagement of Mr Hoogwerf by a licensee be terminated and that no agent employ or engage him in connection with real estate agency work. [43] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116, setting out the right of appeal to the High Court. PUBLICATION [44] Having regard to the interests of the public in the transparency of the Tribunal and knowing of wrongdoing by licensees, it is appropriate to order publication of this decision.14 _...

5. I Add or Remove a Class Individual Licence or COA [pdf, 661 KB]

   ...centre under section 65 of the Land Transport Act 1998, or an earlier equivalent provision?  Yes  No Have you ever been ordered by a court to be imprisoned following conviction for an offence and that conviction or order has not been quashed on appeal?  Yes  No In the last 7 years, have you ever been convicted by a New Zealand court of an offence under the Private Security Personnel and Private Investigators Act 2010 or Private Investigators and Security Guards Act 1974 for...

6. [2023] NZEnvC 258 Kaiuma Farm Limited v Queenstown Lakes District Council [pdf, 236 KB]

   ...relatively more likely in such proceedings.36 Typically, costs in such proceedings range between one third and half of solicitor and client costs, with expert witness charges allowed in full.37 That is higher than is typical for standard costs in appeal proceedings, i.e. between 25- 33% of the costs actually and reasonably incurred by a successful party. However, one important distinction, as noted, is that enforcement order proceedings, including when brought by a person other th...

7. Norman - Nuhaka 2D2MIA3 (2023) 122 Tairāwhiti MB 149 (122 TRW 149) [pdf, 310 KB]

   ...matters is whether the owners have had sufficient notice of the application and sufficient opportunity to discuss and consider it (s 329 (2)a). 15 MacDonald v MacDonald – Wairau Block XII Section 6C2C [2016] Māori Appellate Court MB 259 (2016 APPEAL 259) at [64]-[66]. 122 Tairāwhiti MB 160 [32] As set out above, the applicant has had three meetings with owners to consider the application. These meeting were advertised in a number of media including email, facebook...

8. [2023] NZEnvC 164 Waikato Regional Council v Rawhiti Environmental Park Limited [pdf, 258 KB]

   ...A subsequent Abatement Notice was served on REPL on 21 June 2023 under 9 s 15 RMA to cease unlawful discharge. A further Abatement Notice was served on 23 June 2023 under s 17 RMA to remedy or mitigate the unlawful discharge. REPL appealed these Abatement Notices on 31 July 2023 and applied for a stay on these notices. The Council has since decided to cancel these notices because this process has overtaken them. Immediate issues in August 2023 On 1 August 2023 the Co...

9. [2024] NZEmpC 69 Magnum Hire Ltd v Parker [pdf, 224 KB]

   ...important was whether Mr Parker was prevented from making a breach of contract claim by s 113 of the Employment Relations Act 2000 and thus whether the awards of special damages made by the 18 Although dealing with an application to bring an appeal out of time, the Supreme Court made helpful observations about the necessarily superficial nature of any consideration of the merits of cases at an interlocutory stage in Almond v Read [2017] NZSC 80, [2017] 1 NZLR 801 at [39]....

10. Political Lobbying Project: Feedback meeting on voluntary lobbying code of conduct [pdf, 238 KB]

    ...industry groups. 10.5. Any previously held public official roles. 10.6. Engagement of lobbying, public relations or legal firms to help influence public officials. 10.7. Campaigns funded to influence political decisions, including “grassroots” appeals designed to persuade the public to contact public officials and opinion pieces in the media. Provide accurate information to decision makers 11. Decision makers rely on accurate information to make good decisions: 11.1. Ensur...