Search Results

1. BORA Land Transport (Road Safety and Other Matters) Amendment Bill [pdf, 361 KB]

   ...range of situations in which a vehicle must be seized and impounded. Given that the person whose vehicle has been impounded or driver licence has been suspended may subsequently be prosecuted for an offence, we have considered whether the right to protection from double jeopardy, affirmed in s 26(2) of the Bill of Rights Act, is engaged. • We note that the former Attorney General’s s 7 report on the Act considered whether those provisions for mandatory vehicle impoundment and mand...

2. [2016] NZEmpC 169 Robinson v Gillon & Maher Plumbing Ltd [pdf, 152 KB]

   ...be unable to meet an adverse award of costs. That must be taken as contemplating also that an order for substantial security may, in effect, prevent the plaintiff from pursuing the claim. An order having that effect should only be made after careful consideration and in a case in which the claim has little chance of success. Access to the court’s for a genuine plaintiff is not likely to be denied. Of course, the interests of defendants must also be weighed. They must be pr...

3. [2018] NZEmpC 41 Rachelle v Air New Zealand Ltd [pdf, 343 KB]

   ...be unable to meet an adverse award of costs. That must be taken as contemplating also that an order for substantial security may, in effect, prevent the plaintiff from pursuing the claim. An order having that effect should be made only after careful consideration and in a case in which the claim has little chance of success. Access to the Courts for a genuine plaintiff is not lightly to be denied. Of course, the interest of defendants must also be weighed. They must be prote...

4. 2017 NZSSAA 066 (22 November 2017) [pdf, 119 KB]

   ...recoverable when it should have been non-recoverable. (b) The appellant was not on the correct main benefit and/or supplementary assistance and/or incorrect income tests were applied. (c) Incorrect application of assistance in relation to a childcare grant. [5] We determined on 31 March 2017 that the payments relating to childcare assistance are not within the scope of this appeal. [6] Paragraphs 16(d) and (e) of the submissions relate to whether debts arising from rent arrears...

5. Establishment of Canterbury Earthquakes Insurance Tribunal (2) [pdf, 402 KB]

   ...considered by Cabinet, and will be published when the Bill is introduced to the House. 32. The RIS provides information about the development and content of proposed legislation. Its purpose is to ensure that regulatory options are subject to careful and robust analysis, and that this analysis has been independently assessed. 33. As a departmental document, a RIS summarises our advice on the impact analysis. Our analysis suggests that a combination of stand-alone mediation, and ad...

6. [2017] NZEmpC 13 Lewis v Immigration Guru Ltd [pdf, 105 KB]

   ...proposed statement of claim she regarded the agreement to be without fault. [17] The determination also considered in a conscientious way Ms Lewis’s allegations as to discrimination and disadvantage before dismissing them. The Authority Member carefully considered discrimination and disadvantage, weighing the evidence against the statutory requirements. The Authority Member considered the evidence at length and her analysis was comprehensive. In respect of the claim by Ms L...

7. [2017] NZEmpC 46 Davidson v Great Barrier Airlines Ltd [pdf, 104 KB]

   ...will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order for substantial security may, in effect, prevent the plaintiff from pursuing the claim. An order having that effect should be made only after careful consideration and in a case in which the claim has little chance of success. Access to the courts for a genuine plaintiff is not lightly to be denied. [16] Of course, the interests of defendants must also be weighed. They must b...

8. [2019] NZEnvC 143 Granger v Dunedin City Council [pdf, 2.3 MB]

   ...application be declined. While the appellants did not appeal against the conditions of consent, the conditions are material to our determination of this appeal and go to the heart of the reasons for the appeal, which asserts that the decision fails to protect the outstanding natural landscape and natural character of the coastal environment. [10] As matters stand, we are not satisfied that we have a proper understanding of the level of effects on the environment that could ensue....

9. Establishment of Canterbury Earthquakes Insurance Tribunal 30 January 2018 [pdf, 412 KB]

   ...considered by Cabinet, and will be published when the Bill is introduced to the House. 32. The RIS provides information about the development and content of proposed legislation. Its purpose is to ensure that regulatory options are subject to careful and robust analysis, and that this analysis has been independently assessed. 33. As a departmental document, a RIS summarises our advice on the impact analysis. Our analysis suggests that a combination of stand-alone mediation, and ad...

10. Proactive release - Real Estate Authority (Licensing) Amendment Regulations 2021 [pdf, 1.8 MB]

    ...obtain the necessary three years’ experience to apply for licences. 8 The policy intent of the existing rule is to ensure that licensees have a certain level of appropriate knowledge that makes them fit to hold a licence. This acts as a safeguard to protect consumers, which is one of the objectives of the regulatory scheme. The proposed discretion would not affect this policy intent. Applicants with older qualifications would still need to demonstrate competence at the applicable qualif...