Search Results

1. [2019] NZEnvC 049 Haines House Haulage Northland v Whangarei District Council [pdf, 3.5 MB]

   ...application were not subject to Plan appeals, nor to any major changes through the mediation process. This relates in particular to RPE Objectives 1.2.1, .2, .3 and Policies 1.3.1 and 1.3.5. However, there has been the addition of a new Policy 1A to protect identified elements of the zone's distinctive rural character and amenity. [7] During the course of this hearing, the relevant Plan provisions were approved by the Court, and in any event all parties agreed these provisions co...

2. OIA-96282.pdf [pdf, 18 MB]

   gen, Section (9 ) (2) (a) Section (9 ) (2 ) (a) Justice Cenlre I 19 Aitken Street DX SX10088 I Wellington T 04 918 8800 I F 04 918 8820 contactus@justice.govt.nzIwww.justice.govt.nz Our ref: OIA 96186 Tena koe - Official Information Act request: Victim Support Thank you for your email of 24 May 2022, requesting, under the Official Information Act 1982 (the Act), information related to Victim Support. I have outlined your specific requests and my response to each below (please

3. Rangahaua Whanui National Overview volume 2 [pdf, 1.7 MB]

   NATIONAL OVERVIEW volume i i Professor Alan Ward Waitangi Tribunal Rangahaua Whanui Series WAITANGI TRIBUNAL 1997 A Waitangi Tribunal publication © Copyright Waitangi Tribunal 1997 isbn 1-86956-208-9 Edited and produced by the Waitangi Tribunal Published by GP Publications, Wellington, New Zealand Printed by GP Print, Wellington, New Zealand Set in Times Roman This report was commissioned by the Waitangi Tribunal as part of its Rangahaua Whanui research programme. Any views expr

4. [2007] NZEmpC WC 15/07 Auto-Movements (NZ) Ltd v Eveleigh [pdf, 52 KB]

   ...windfall. [38] The position in relation to employment agreements has long been distinguished from commercial constraints for reasons of differing bargaining positions. There is also a need for an employer to show a proprietary interest that needs protecting beyond the duration of the period of employment. Only if an employer can establish that a restraint is necessary to protect trade connections or secrets or confidential information, is a restraint of trade justified. As the au...

5. M D Cottle Family Trust & Anor v CAC20002 & Anor / Barnett v CAC20002 & Ors [2015] NZREADT 74 [pdf, 142 KB]

   ...required to complete the appropriate further training as a pre- condition. [15] The Authority submits that our discretion to order a licensee to refund commission in whole or in part is an important consumer remedy in what is, of course, a consumer protection Act, and Committees and we are able to have recourse to it in a wide variety of circumstances. He adds that a refund does not necessarily always follow as a matter of course if there has been a breach of s 126, although it will ofte...

6. Eppanapally v Zhou [2015] NZIACDT 84 (27 August 2015) [pdf, 189 KB]

   ...consider it is not appropriate or necessary to impose a financial penalty. As discussed, orders for compensation and refunds of costs are inevitable and not discretionary decisions based on Ms Zhou’s financial position. [31] The remaining elements are protection of the public and the potential for rehabilitation. Ms Zhou is not currently practising, it may well be that she will not practise again. In appropriate circumstances, Ms Zhou could properly return to the profession. The complai...

7. [2018] NZEnvC 043 Royal Forest and Bird Protection Society v Northland Regional Council [pdf, 5.2 MB]

   ...application under section 76 of the Biosecurity Act 1993 in relation to the proposed Northland Regional Pest and Marine Pathway Management Plan of a Notice of Motion under section 291 of the Resource Management Act 1991 ROYAL FOREST & BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2017 -AKL-140) Appellant NORTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge JA Smith Environment Commissioner SK Prime Environment Commissioner RM Dunlop Hearing: Auck...

8. Shihaku v Mizoguchi [2019] NZIACDT 24 (24 April 2019) [pdf, 169 KB]

   ...complaint and any appropriate sanctions cannot be ousted by agreement between the parties, the Tribunal accepts that the position agreed between the Registrar and Mr Mizoguchi is appropriate. The Registrar’s views as to how the public can best be protected carries considerable weight in the Tribunal. Furthermore, Mr Mizoguchi remains subject to supervision. It is readily apparent that he has gone to considerable lengths to undertake training and to change his systems and practi...

9. Water Services Bill [pdf, 214 KB]

   ...and the penalty levels. 23. Strict liability offences are more easily justifiable where they are in the category of ‘public welfare regulatory offences’. In the context of regulated activities, people are expected to meet certain standards of care. The strict liability offences in the Bill arise in the context of ensuring the safety of drinking water. The regulation of a safe water supply is in the public interest, and failure to follow legislative requirements undermines the core pur...

10. Waikato Bay of Plenty Standards Committee 2 v Leach [2024] NZLCDT 27 (30 August 2024) [pdf, 168 KB]

    ...behaviour in this regard must be every lawyer’s unchanging practice. A barrister handling client funds directly needs to be even more cautious. Should you seek to re-enter the profession, the Tribunal has directed that you comply with further protective and educational orders, to protect against a repetition of the events which led you to this point. This Censure remains a permanent part of your record as a lawyer.