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1. [2006] NZEmpC AC 54/06 Yuan Cheng International Investment Group Ltd v Buer [pdf, 92 KB]

   ...addressed the decision of Pearce v Attorney-General in respect of the Department of Labour [2005] 1 ERNZ 731. That was a case where the full Court of the Employment Court considered the effect of an amendment to the Parental Leave and Employment Protection Act 1987 on the interpretation of the original section. The Court accepted there were three possibilities that can be gained from the authorities: • The original legislation was ambiguous and therefore the amending legislatio...

2. Auckland Standards Committee 1 v Fendall [2018] NZLCDT 26 [pdf, 349 KB]

   ...defined in s 241(c)?3 5. If not, did unsatisfactory conduct occur? Background [5] Ms Fendall is a practitioner of many years’ experience who has primarily specialised in representing young people in the Youth Court. [6] Having taken out income protection insurance in 2002, she made her first claim under the policy in September 2009. Her claim was accepted because she was suffering from depression. [7] This was the first claim period of two periods which are under consideratio...

3. LCRO 121/2023 AI v HR (12 December 2023) [pdf, 218 KB]

   ...require their lawyers to obtain valuations of, or to advise them about the values of, the relationship property. 1 Separation and Relationship Property Agreement (6 March 2018) (the agreement). 3 [13] The agreement contained a further lawyer protection clause which read as follows: The parties hereby acknowledge and agree that in executing this Agreement they have not relied on the other parties (sic) legal advisers and they hereby cross indemnify the other party’s legal advis...

4. [2024] NZEnvC 182 Beresford v Queenstown Lakes District Council [pdf, 1.6 MB]

   BUNKER & ROUSE v QLDC – DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 182 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN M J BERESFORD, R T BUNKER & L M ROUSE (ENV-2018-CHC-69) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Judge S Tepania Environ

5. Ōamaru Courthouse to be re-opened

   ...Waitaki Council will also be able to use the building outside court sitting hours for council-related activities, such as community meetings, civil defence and emergency situations, and other community purposes. “The sharing of the building will be done carefully so as to protect the confidentiality and security requirements of the court,” says Mr Gibbs. The Ōamaru Courthouse was closed in December 2011 after building inspections found it fell below minimum strength and safety standards. T...

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6. 2021-07-07 ORC - Closing Submissions [pdf, 422 KB]

   ...Court’s decision in EDS v King Salmon remains the leading authority for interpreting superior planning documents:7 [129] When dealing with a plan change application, the decision-maker must first identify those policies that are relevant, paying careful attention to the way in which they are expressed. Those expressed in more directive terms will carry greater weight than those expressed in less directive terms. Moreover, it may be that a policy is stated in such directive terms...

7. Chand v Devi [2016] NZIACDT 4 (14 January 2016) [pdf, 134 KB]

   ...standards of conduct are maintained in the occupation concerned.” [7] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [7.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [7.2] Demanding minimum standards of conduct: Dentice v Valuers Registrat...

8. Threshold REAA CAC 20005 v Drever [2014] NZREADT 41 [pdf, 36 KB]

   ...us for an order under s.115 of the Act to suspend the defendant’s licence pending the outcome of the 2 hearing of the said charge on the grounds that is necessary or desirable having regard to the interests of the public including: 1. Protection of the public in light of the serious nature of the charge, namely: (a) Obtaining payment of vendor client funds into his personal bank account when he knew this money was rightly the property of Hedgman Real Estate Ltd (the agency)...

9. LG v Hakaoro [2013] NZIACDT 32 (27 May 2013) [pdf, 94 KB]

   ...costs and expenses [33] The Authority has not sought the payment of costs and expenses, accordingly no order will be made in that regard. Publication [34] It is necessary and appropriate that this decision is published. It is important for the protection of the public. [35] Mr Hakaoro has sought to defer publication until he has the opportunity to lodge an appeal. However, there are no rights of appeal against the decision upholding the complaint, only the penalty (ZW v Immigration...

10. E60 Bob Hawkins - Nautical - EIC - Sealink [pdf, 711 KB]

    ...phase and development of the construction methodologies and enabling works to be undertaken in Hamer Street to ensure the potential effects on trees and the number of tree removals required are minimised. (b) Condition 125A: All reasonable care shall be taken during the works to ensure that the trees within Hamer Street that are growing outside the project area are retained in a safe and healthy condition. Only in instances where the Appointed Arborist (taking into consideration...