Search Results

1. [2020] NZEnvC 123 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 3.1 MB]

   ...whether and (if so) on what conditions the proceedings shall be reheard. (3) The decision of the court on any such proceedings shall have the same effect as a decision of the court on the original proceedings. [21] Even where s294 is applicable, careful consideration is required as to whether, and on what basis, any revisiting of a decision would be fair and appropriate. In particular, there should be finality to litigation and the court should not order a re-hearing unless there...

2. [2020] NZREADT 08 - Bond (25 February 2020) [pdf, 154 KB]

   ...practices, and conduct themselves in a manner that reflects well on the Institute, its members, and the real estate profession. 13.13 A member must be fair and just to all parties in negotiations and in the preparation of all forms and agreements, and protect the public against unethical practices in connection with real estate transactions. [16] Ms Bond’s conduct was also regulated by the Fair Trading 1986 which was, as Mr Hodge put it, “one of the key regulatory touchstone...

3. McLeod - Mangatawa 2B 2A Block (Tamapahore Marae) (2020) 201 Waikato Maniapoto MB 145 (201 WMN 145) [pdf, 246 KB]

   ...Court to date is that when a trustee has been removed from office by Court order they are not eligible for reappointment.4 Having said that, there are at least two recent authorities which suggest that reg 3(h) was drafted in error.5 I have carefully considered reg 3 in its entirety, along with the authorities I have cited. The statements made in the two authorities which suggest a drafting error were brief obiter comments. In other words, they were not determinative of the is...

4. Tomlins v Bellamy - Te Kata or Wairewa 2534 (2021) 90 Takitimu MB 56 (90 TKT 56) [pdf, 247 KB]

   ...made a provision for the future of his land interests including whether he had left a will. He responded affirmatively following which I then noted that, where a child is disinherited, that person may seek to overturn any will under the Family Protection Act 1956. To reiterate the point, while the relationship between Mr Tomlins and Mr Bellamy has became frayed, it would appear, Mr Tomlins would be well minded to consider carefully whether he intends to make provision for all of h...

5. [2021] NZEmpC 85 Wilson v Manukau Institute of Technology [pdf, 243 KB]

   ...and advise Mr Wilson accordingly. [16] For what it is worth, I proceed on the basis that MIT might, when fixing starting salaries, have taken into account the pay circumstances of all employees of the Automotive School. [17] I have carefully considered Ms Pene’s evidence as to the further work which would be required to provide documents relating to persons employed directly under collective employment agreements rather than IEAs. [18] She says that significant tim...

6. [2021] NZEmpC 231 A Labour Inspector of the Ministry of Business, Innovation and Employment v JDFOODS Ltd [pdf, 242 KB]

   ...respondent, Deepti Kaushal, is the wife of Jayant Kaushal; she is also a director of JDFOODS. She holds 49 per cent of the company’s shares. [6] The Labour Inspector considers that JDFOODS breached the Employment Relations Act 2000, the Wages Protection Act 1983, the Minimum Wages Act 1983 and the Holidays Act 2003. She says $57,249.93 is owed to three former employees. The Labour Inspector considers that Deepti and Jayant Kaushal are persons involved in breaches committed by...

7. [2021] NZACC 108 – Wood v ACC (19 July 2021 [pdf, 162 KB]

   ...Wood’s submissions may be seen as a request for an extension of time to enable this complaint to be investigated by the OPC, that extension is denied. In addition, and importantly, s 31(1) of the Privacy Act 2020 provides that the Information Protection Principles (IPPs) do not confer on any person any right that is enforceable in a court of law (except as provided in subsection (2) which is not relevant in the present case). [29] I note that Mr Wood submits that this matter...

8. Auckland Standards Committee 2 v Holland [2022] NZLCDT 20 (27 June 2022) [pdf, 176 KB]

   ...available if we are unanimous. We should not, and would prefer not to, strike her off unless it is the least restrictive outcome. The need to impose the least restrictive outcome was explicitly noted in Daniels2: Tribunals are required to carefully consider alternatives to striking off a practitioner. If the purposes of imposing disciplinary sanctions can be achieved short of striking off then it is the lesser alternative that should be adopted as the proportionate response. That...

9. Common Bundle Volume 2 [pdf, 3.4 MB]

   20 Schedules CB305 S C H E D U L E S 20-2 Regional Plan: Water for Otago, updated to 1 July 2018 Table of Contents for Schedules 1 to 17 1. Schedule of natural and human use values of Otago’s surface water bodies ...........................................................................................................................4 1A Schedule of natural values .......................................................................6 1AA Schedule of Ota

10. [2022] NZEnvC 174 Transpower New Zealand Limited v Northland Regional Council [pdf, 4.9 MB]

    ...changes to a proposal since the initial s 32 evaluation report. It is difficult for the Court to undertake a full evaluation of the issues raised in the absence of evidence. I have relied on the parties evaluation. I understand that the parties have carefully considered their positions and consider that the overall agreement reached meets their concerns. [105] I am satisfied that the agreement reached is balanced, pragmatic and manages risk. In my view the agreement reached achieve...