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1. [2022] NZEnvC 062 Cassidy Trust v Queenstown Lakes District Council [pdf, 272 KB]

   ...their relatively consistent gradient broken up by small, localised benches and terraces. Vegetation patterns Tall hawthorn hedging and mature poplar trees along the eastern side of Lower Shotover Road. Much of the road-side hawthorn hedging is protected under the District Plan, consent notices or conditions of consent. Exotic shelterbelts, woodlots, remnant gully vegetation, and exotic amenity plantings around on older rural residential properties and around their dwellings. Predomina...

2. Summary-Political-lobbying-meeting-Interest-groups-31-August-2023-Final-v2.pdf [pdf, 175 KB]

   ...17. Many attendees said New Zealand is one of the least corrupt countries globally and that we have a high trust environment. People have easy and quick access to decision makers. This was considered a strength about New Zealand that should be protected. We don’t have enough information on political lobbying harms in New Zealand 18. However, others noted that issues may be invisible because the nature of political lobbying means they are not easily discoverable. They thought that...

3. 2024 NZPSPLA 048 pdf [pdf, 103 KB]

   ...experience of Mr NI is that he is humble and grateful by nature and this behaviour was out of character. I also take into account the discussion2 surrounding Mr NI’s experience in New Zealand and that he currently holds a Migrant Exploitation Protection Work Visa. I further note that Mr NI has presented as remorseful and ashamed of his behaviour. [20] Having assessed all of the evidence before me, I make the following directions: (i) Mr NI is officially reprimanded. (ii) Mr NI...

4. [2012] NZEmpC 220 Matsuoka v LSG Sky Chefs NZ [pdf, 130 KB]

   ...hearing as to Mr Matsuoka’s entitlement to transfer, including the agreement to put remedies to one side. [36] At the substantive hearing, LSG had advanced compelling arguments that Mr Matsuoka was not a vulnerable employee who required the protection of Part 6A. It was supported in that by the submissions made on behalf of the Service and Food Workers Union. Recently, the Supreme Court in Service and Food Workers Union Nga Ringa Tota Inc v OCS Ltd, 15 has stated: 16 We...

5. Mason v REAA [2013] NZREADT 7 [pdf, 66 KB]

   ...concerning the application must be considered, not just the previous misconduct. The onus is on the candidate to show that he or she is a fit and proper person.” [13] The decision of Interim Advance Corporation Pt Ltd v Commissioner for Consumer Protection [2008] WASAT 81 provides useful guidance on the “fit and proper person” test in the context of a refusal to grant a credit provider’s licence. The State Administrative Tribunal considered a review of a decision not to grant...

6. [2019] NZEnvC 038 Hawke's Bay Fish & Game Council v Hawke's Bay Regional Council [pdf, 277 KB]

   ...decision of Hawke's Bay Regional Council ('HBRC') on proposed Change S (,PCS' "Decision Version') to the Hawke's Bay Regional Resource Management Plan ('RRNlP'). Other s274 parties were Royal Forest and Bird Protection Society of New Zealand ('RFB') and Federated Farmers of New Zealand ('FFNZ'), neither of whom seeks costs. HBFG v HBRC - COSTS 2 [2] MTB seeks costs orders against HBRC and HBFG for reasonable contri...

7. [2016] NZEmpC 143 Borsboom (Labour Inspector) v Preet PVT Ltd [pdf, 667 KB]

   ...Act 1983 and the Holidays Act 2003, pursuant in both cases to s 135 of the Employment Relations Act 2000, the principles to be examined and determined apply equally to other Acts constituting the minimum code. These others include the Wages Protection Act 1983, the Parental Leave and Employment Protection Act 1987 and, in several respects, the Employment Relations Act. [3] There is little, including recent and authoritative, guidance about how the Employment Relations Authority...

8. [2020] NZEnvC 211 Panuku Development Auckland Ltd v Auckland Council [pdf, 2.3 MB]

   ...of traffic signs on surrounding streets and proposed signage for traffic management purposes during construction. (e) Measures to ensure satisfactory vehicle and pedestrian access is maintained to adjacent properties at all times. (f) Temporary protection measures that will be installed to ensure that there shall be no damage to public roads, footpaths, berms, kerbs, drains, reserves or other public assets as a result of the earthworks and construction activities. (g) Details on proce...

9. Tong & Anor v CAC 20004 & Ors [2014] NZREADT 3 [pdf, 126 KB]

   ...maintains that the licensee has demonstrated a lack of remorse. He emphasises a personal toll suffered by the appellants, allegedly, as a result of the licensee’s actions. [9] In our said substantive decision herein [2013] NZREADT 90, we took care to detail our reasoning for our findings. The appellants seem to wish to challenge these to some degree when now dealing with penalty. That is not appropriate. Penalty Orders in general [10] It is well established that decisions of d...

10. Auckland Standards Committee v Valu Pome'e [2014] NZLCDT 87 [pdf, 107 KB]

    ...marriage certificate. While not in the same league as the preceding charge it is a further failure towards the client. (Failure No. 11) Penalty [28] We remind ourselves that the predominant purpose of penalty to be considered by the Tribunal is protection of the public and maintenance of professional standards in order to enhance public confidence in the legal profession. [29] Mr Davey submitted to us that “proven dishonesty, whether or not leading to criminal proceedings and c...