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1. 2021-03-24 OWRUG - DOC v ORC (C28-2002) [pdf, 1.2 MB]

   IN THE MATTER AND IN THE MATTER BETWEEN AND $‘I r=- \ r’_“: :; ; i Ll I : I--5; i ,~ i i,,,’ i $ j ++ -I, i \ b-_- Decision No. C ALg /2002 of the Resource Management Act 1991 of a reference pursuant to Clause 14 of the First Schedule of the Act MINISTER OF CONSERVATION (Part RMA 583/00 Mining Privileges) Referrer OTAGO REGIONAL COUNCIL Respondent BEFORE THE ENVIRONMENT COURT Environment Judge J A Smith Environment Commissioner I G C Kerr Environment Commissioner N Burl...

2. [2023] NZIACDT 13 - OT v Ramos (24 April 2023) [pdf, 174 KB]

   ...BACKGROUND [3] The complainant, a national of Brazil, first came to New Zealand in 2016 on a working holiday visa. He is a carpenter. [4] Ms Ramos, a licensed immigration adviser, is a director of Sunrise Immigration Services Ltd, of Auckland. [5] In 2017, the complainant contacted Ms Ramos seeking a work visa. It is understood that Ms Ramos successfully sought more than one work visa for him. [6] In September 2021, Immigration New Zealand (Immigration NZ) released informati...

3. Tangitau v Hakaoro [2015] NZIACDT 52 (14 May 2015) [pdf, 165 KB]

   ...the lack of response to the inquiries, [2.4] He then lodged an appeal without instructions, and [2.5] Failed to report to his client when this Tribunal cancelled his licence. [3] The Tribunal upheld the complaint. Mr Hakaoro: [3.1] Breached clauses 1.5(a), (b), and (d) and also 8(d) of the 2010 Code. He failed to enter a complying written agreement. [3.2] Breached clauses 1.1(a), (b) of the 2010 Code. He failed to address Immigration New Zealand’s concerns when he had a duty to d...

4. IM Ltd v HI [2023] NZDT 566 (30 November 2023) [pdf, 106 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2023] NZDT 566 APPLICANT IM Ltd RESPONDENT HI The Tribunal orders: HI is to pay the sum of $6,653.78 to IM Ltd on or before Tuesday 19 December 2023. Reasons: 1. In April 2022, HI engaged IM Ltd to provide legal advice regarding a dispute with the [redacted] District Council, and IM Ltd emailed HI a letter of engagement attaching its

5. Incorporated Societies Bill.pdf [pdf, 170 KB]

   ...rights and freedoms affirmed in the Bill of Rights Act. In reaching that conclusion, we have considered the consistency of the Bill with s 14 (freedom of expression), s 19 (freedom from discrimination), s 21 (unreasonable search and seizure) and s 25(c) (right to be presumed innocent until proven guilty). Our analysis is set out below. The Bill 4. This Bill repeals the Incorporated Societies Act 1908 and replaces it with a new Incorporated Societies Act. The purpose of the Bill is to p...

6. [2009] NZEmpC AC 54/08 A v The Internet Company of NZ [pdf, 31 KB]

   ...from ICONZ but I have not found it necessary to avail myself of Mr Laurenson’s helpful offer. [5] I am satisfied from the written submissions filed by counsel on behalf of A that this Court has the jurisdiction to make the necessary orders. Clause 13(1) of the Schedule 3 of the Employment Relations Act 2000 gives the Court jurisdiction in relation to discovery to make any order that a District Court may make under sections 56A or 56B of the District Court Act 1947. Section 56A...

7. BX v QD & Ors [2024] NZDT 792 (29 November 2024) [pdf, 237 KB]

   ...Family Trust The Tribunal orders: The claim is dismissed. Reasons: 1. BX purchased a property from the respondents on 13 March 2023, with settlement taking place on 8 May 2023. The Agreement for Sale and Purchase contained a special clause about a pre existing weather tightness issue, however BX claims the respondents concealed the true extent of the issue, and misled her when entering into the Agreement for Sale and Purchase. 2. When initially viewing the property,...

8. UC v K Ltd [2024] NZDT 426 (17 June 2024) [pdf, 188 KB]

   ...override the contractual terms as required in different jurisdictions, and the clause draws a distinction between the [Country 1] consumer legislative protections and the [Country 2] equivalents, as applying when appropriate in either country. Other clauses draw such distinctions throughout the document. There is no provision either adopting, or capable of being interpreted as adopting, the [international legislation] provisions to apply in the contract as a matter of contract, despite n...

9. Plant Variety Rights [pdf, 210 KB]

   ...achieve, and is rationally connected to, a sufficiently important objective, impairs the right or freedom no more than reasonably necessary to achieve the objective, and is otherwise in proportion to its importance.4 Disclosure of information 14. Clauses 46, 69 and 107 require individuals to provide or disclose information in relation to PVRs and compulsory licences.5 Many of these provisions substantially re-enact existing obligations under the PVR Act. The provisions are often related...

10. 2023-09-26-Evidence-of-Justine-Bennett-Water-Quality.PDF [PDF, 276 KB]

    ...P a g e | 5 Partners at the same time as the annual report is provided to the Regional Council”.3 [15] I further suggest that Condition RES9(c) should be amended to state: “The records of the monitoring and maintenance required by clauses (a) to (d) must be made available to the Regional Council, District Councils and Project Iwi Partners upon request.”4 Stormwater Design [16] At the expert conferencing I was made aware that a design review process would be requi...