Search Results

1. 10 August 2020 Topic 15 Northland Regional Plan Appeals - Mangrove Removal [pdf, 229 KB]

   ...Council Bay of Islands Maritime Park Incorporated v Northland Regional Council Royal Forest and Bird Protection Society of New Zealand Incorporated v Northland Regional Council Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Appeal By Submitter On Pro...

2. Te Ture Whenua Māori Bill [pdf, 154 KB]

   ...freedom from discrimination Discrimination on the basis of family status 5. In our previous advice we discussed the effect of what is cl 9 in the current Bill (cl 8 in the 2016 Bill) with respect to discrimination on the basis of family status. Clause 9(2) of the Bill provides that, in respect of children who are whāngai or subject to an adoption order, the applicable tikanga will determine whether there is a relationship of descent for 1 Vetting advice dated 4 April 2016. The adv...

3. C Ltd v V Ltd & LV [2023] NZDT 658 (21 November 2023) [pdf, 262 KB]

   ...arrears 15. The question to determine here is whether the rent increase took effect on 1 June 2023. If it did, then V Ltd are in rent arrears because they continued to pay at the previous rate. 16. The relevant part of the Deed of Lease is clause 2.5 and 2.6. 17. Clause 2.5 states that the annual rent payable from each CPI rent review date is determined by a formula that is set out in detail in clause 2.5. 18. Clause 2.6 states: The new rent determined pursuant to subcla...

4. AQ v Secretary of Justice 5 March 2013 NZRA 000001 [pdf, 124 KB]

   REVIEW AUTHORITY NEW ZEALAND 2013 NZRA 000001 Applicant AQ Respondent Secretary for Justice Date of Decision: 5 March 2013 ________________________________________________________________ DECISION ________________________________________________________________ INTRODUCTION 1. In a decision dated 24 December 2012, The Secretary for Justice (the Secretary) declined to approve the Applicant as a provider of legal aid services in respect of Civil

5. Consistency with the New Zealand Bill of Rights Act 1990: Regulatory Systems (Immigration and Workforce) Amendment Bill [pdf, 276 KB]

   ...expression, including the freedom to seek, receive, and impart information and opinions of any kind and in any form. The right has been interpreted as including the right not to be compelled to say certain things or to provide certain information.1 8. Clause 16 of the Bill prima facie engages the right to freedom of expression. It amends the definition of notifiable incident in section 24(1) of the Health and Safety at Work Act 2015. A notifiable incident is a notifiable event, which...

6. [2021] NZACC 107 - Ballantyne v ACC (19 July 2021) [pdf, 176 KB]

   ...appellant on own behalf Mr Hunt for the respondent Judgment: 19 July 2021 ____________________________________________________________________ JUDGMENT OF JUDGE DENESE HENARE [Jurisdiction s 6; Eligibility for Lump Sum Compensation, clause 57 Schedule 1 Accident Compensation Act 2001] ____________________________________________________________________ [1] The appellant, Jason Ballantyne appeals two review decisions as follows: ACR 111/18 (First Appeal) [2] The overal...

7. Security Information in Proceedings Bill [PDF, 1.1 MB]

   ...trial (cl 52). In civil proceedings there is recognition of the fact that the Crown’s certification that information is national security information (and must not be disclosed to the non-Crown party) may render any subsequent trial unfair (cl 39). Clause 39 gives the Court a range of powers to deal with the substantive proceeding if it considers it cannot be fairly determined without disclosing the security information. We consider it will allow the Court to ensure that any particular...

8. Smith v Accident Compensation Corporation (Impairment Assessment) [2023] NZACC 47 [pdf, 242 KB]

   ...Guides (“The Handbook”) does not fairly assess injury related impairment. [13] Second, Mr Schmidt submits the assessment of non-covered conditions – and, by operation of logic, the deduction of such non-covered conditions, is prohibited by clause 59(3)(b)(i) of Schedule 1 of the Accident Compensation Act 2001 (the Act). [14] On 5 April 2022, Mr Schmidt wrote to Mr Hlavac of Young Hunter, Lawyers, acting for the respondent, and asked: Could ACC please discover the material it...

9. Hoggard v Watene - Succession to Te Huinga Watene (2023) 299 Waiariki MB 57 (299 WAR 57) [pdf, 243 KB]

   ...the application as an interested party. He submits that it was not the intention of Te Huinga in cl 3 to leave the House to Nigel. Noema Watene submits that cl 4 of the Will, which gifts the House to Ivan Watene and Hape Watene, is the correct clause of the Will and under which the House should be vested. Te Wira The Will [3] Te Huinga passed on 18 April 2010 and left a Will which received probate by the High Court on 26 August 2010. At the time of her death Te Huinga held 21.28...

10. BN & HH v KT & BB [2023] NZDT 402 (23 August 2023) [pdf, 228 KB]

    ...respondents). The applicants now bring a claim against the respondents for $10,613.30. 2. The applicants claim that the Sale and Purchase Agreement (the agreement) did not specify that the fireplace was unusable and needs replacing. The applicants rely upon Clause 7.3(1) of the standard agreement, that the fireplace is a fixture and provides heating and should be in “reasonable working order”. 3. The issues to be resolved are: (a) Is the fireplace a service or amenity? (b)...