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...pay and that this amounted to an inability to pay for the purposes of r 5.45(1)(b). She was unable to 2 Although reg 69 of the Employment Court Regulations 2000 relates to security for costs on an appeal to the Court of Appeal. 3 See Polzleitner v WWW Media Ltd [2011] NZEmpC 139 at [6]. 4 As summarised by the Court of Appeal in A S McLachlan Ltd v MEL Network Ltd (2002) 16 PRNZ 747 (CA) at [15]-[16]. point to any authori...
...subject matter of the complaint arose and the date when the complaint was made is such that an investigation of the complaint is no longer practicable or desirable; and [b] there is in all the circumstances an adequate remedy or right of appeal… that it would be reasonable for the person aggrieved to exercise. [6] Subsection 2 provides a more general ground for the exercise of the discretion to take no further action where “it appears to the Standards Committee that, ha...
...before the claim can be found to be eligible. Damage is not defined in the Act but the Shorter Oxford English Dictionary defines damage as “injury (a thing) so as to diminish its value or usefulness”. [13] The High Court and Court of Appeal considered what was meant by damage and the point at which damage becomes manifest in the context of a claim against an insurance company. The Court of Appeal in Arrow 5 International Limited v QBE Insurance (International) Limi...
BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Submissions: IN THE MATTER AND BETWEEN AND AND Decision No. [2017] NZEnvC Z. C , of the Resource Management Act 1991 of an appeal under s 120 of the Act MATAKANA COAST TRAIL TRUST (ENV-2017 -AKL-020) Appellant AUCKAND COUNCIL Respondent ASIA PACIFIC INTERNATIONAL GROUP (NZ) LTD Applicant Environment Judge JA Smith, sitting alone pursuant to s 279 of the Act, on the papers, at Auckland...
...scope of review [15] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … 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 that...
...scope of review [15] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:4 … 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 that...
...for sufficient achievement of the objective? iii.is the limit in due proportion to the importance of the objective? Sufficiently important objective 8.Clause 6 of the Bill sets out the specific policy objectives, which are to 5: a.reduce the appeal of tobacco products and smoking, particularly for young people b.further reduce any wider social acceptance and approval of smoking and tobacco products c.increase the noticeability and effectiveness of mandated health warning messages and...
...significant restriction on the design of Base B, as is the requirements outlined for the northern facade. More flexibility is sought in this regard. f) Clause 3.1 O; This clause is too prescriptive. The design of Base B is going to be aesthetically appealing, however due to its temporary nature the materials may not last (or be designed to last) for 10 years. g) Clause 3.15; It is important for every team to be provided with car parking within or near their base. I do not understa...
...scope of review [21] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … 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 that...
...scope of review [22] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:7 … 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 that...