Search Results

1. [2019] NZEnvC169 Kapiti Coast District Council [pdf, 3.3 MB]

   ...and includes non-school activities, offices, and banks; but excludes residential activities and premises or activities Although the PDP is not operative in full as yet I understand that the rules referred to have taken effect in the absence of any appeals against them. 3 involving retail activities and industrial activities. [6] Ms Foster identified the combined effect of these provisions of the PDP thus:2 The combination of the permitted activity Rule 7 A.1 .1 and the definition...

2. [2020] NZEmpC 111 Cooper v Phoenix Publishing Ltd [pdf, 218 KB]

   ...Publishing Ltd (No 2) [2020] NZEmpC 11. 6 Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre v Denyer (Labour Inspector) [2016] NZCA 464; [2017] 2 NZLR 451; [2016] ERNZ 828. [17] In Peter Reynolds v Labour Inspector the Court of Appeal indicated a range of factors will be relevant in assessing the level of a fine. They include the nature of the default (whether it is deliberate or wilful), whether it is repeated, without excuse or explanation, and whether it i...

3. LCRO 12/2018 NH and EW v TL and [KT Law] (17 February 2020) [pdf, 102 KB]

   ...scope of review [30] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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. 1 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 6...

4. [2022] NZEmpC 232 Kang v Saena Company Ltd [pdf, 249 KB]

   ...Kim said that costs should accordingly lie where they fall. Principles [11] Clause 19 of sch 3 of the Employment Relations Act 2000 (the Act) governs the award of costs in the Court. The principles are well known and are set out in Court of Appeal judgments including Victoria University of Wellington v Alton-Lee,7 Binnie v Pacific Health Ltd,8 and Health Waikato Ltd v Elmsly.9 Where the Court is not assisted by an assessment of costs under the scale, a “starting point at 66 pe...

5. [2023] NZEnvC 074 Currie v Palmerston North City Council [pdf, 385 KB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Court: IN THE lvIA TIER Decision No. [2023] NZEnvC 074 of an appeal under s 120 of the Resource Management Act 1991 BET\'(!EEN ISOBEL ESTHER CURRIE and BEV AN PHILIP CURRIE AND AND (ENV-2021-WLG-000040) Appellants PALMERSTON NORTH CITY COUNCIL Respondent TOLLY FAR.J.vI LTD (trading as SOUL FRIENDS PET CRElvIATIONS) Environment Judge BP Dwyer Environment Commissioner D...

6. [2023] NZIACDT 27 BT v Li (2 November 2023) [pdf, 209 KB]

   ...Act 2009, s 61 (absolute discretion to grant a visa in a special case). 3 Complaint made to Ms Li [8] The complainant wrote to Ms Li on 23 May 2023 seeking clarification of the decision to pursue two s 61 requests, following a Ministerial appeal. According to the complainant, a request under s 61 was likely to be futile. [9] Ms Li replied the next day, 24 May 2023. She said using s 61 was a proper approach as the client did not want to leave New Zealand. He agreed to it befo...

7. LCRO 168/2023 KM v ZT (30 April 2025) [pdf, 154 KB]

   ...scope of review [37] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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...

8. [2025] NZLCDT 26 Auckland Standards Committee 1 v Jindal (8 May 2025) [pdf, 136 KB]

   ...The length of time over which the misconduct continued took it outside the realm of a “rush of blood to the head” type of situation. That Mr Jindal failed to take the website down even after a settlement was reached, following his High Court appeal against the District Court decision, was extraordinary. In fact, the website was live for six months. [13] Mr Jindal attempted to justify this in his evidence because he said it was not a term of the settlement. We are not able to...

9. [2024] NZEmpC 219 Oliver v Biggs [pdf, 228 KB]

   ...to resolve this disputed application. A minute is not appropriate because if the application were to be dismissed, the proceeding would come to an end; and if it is granted, I should not rule out the possibility of an application for leave to appeal being advanced. Background [6] I begin by outlining a brief summary of the background to the four proceedings filed in this Court. [7] The first was commenced on 26 September 2019 against Mr Biggs, who had failed to comply with mu...

10. LCRO 19/2024 MT v DB (31 January 2025) [pdf, 156 KB]

    ...scope of review [18] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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...