Search Results

1. 2021-07-23 ORC - Legal submissions in relation to the pORPS [pdf, 176 KB]

   ...consideration the pORPS provisions that address fresh water management and seek to give effect to the NPSFM; and (b) is carried out in accordance with the fundamental concept of Te Mana o te Wai and the hierarchy of obligations as set out in clauses 1.3(5) and 3.2 of the NPSFM. 22 Where multiple pORPS provisions are relevant, these are considered together.28 23 The pORPS ensures that activities are carried out within the environmental constraints of the pORPS and in a manner th...

2. [2021] NZEnvC 107 Rangitane o Tamaki Nui-A-Rua Incorporated v Manawatu-Wanganui Regional Council [pdf, 858 KB]

   ...our consideration. [3] On 9 July 2021, the Regional Council and TDC submitted a joint memorandum with amended conditions. The Councils advised that: 1 Rangitāne o Tamaki Nui-ā-Rua Inc v Manawatu-Wanganui Regional Council [2021] NZEnvC 52 at [165] and [167]. 2 Rangitāne o Tamaki Nui-ā-Rua Inc v Manawatu-Wanganui Regional Council [2021] NZEnvC 084. 3 • Condition G 2A has been inserted in accordance with the Court’s directions; • Conditions DLW 8 has been amen...

3. OIA-120087.pdf [pdf, 5.5 MB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 10 April 2025 Ref: OIA 120087 Tēnā koe Official Information Act request: Crimes Act reform and citizen’s arrest Thank you for your email of 6 March 2025 requesting information, under the Official Information Act 1982 (the Act), about the proposed reforms to the Crimes Act, which would allow greater citizen arrest powers. Specifica

4. Child Rescue Charitable Trust v Accident Compensation Corporation (Employer Levy Classification) [2023] NZACC 73 [pdf, 212 KB]

   ...background, religion, political beliefs or marital status; (c) Rescuing, restoring and protection of vulnerable and poor children from sexual exploitation; and (d) To assist and cooperate with persons and organisations similar charitable aims. Clause 4 [5] The Trust Deed also provides for the power to invest and to appropriate any investment or income received from an investment towards one or more of the purposes of the Trust (clause 5). [6] The Charitable Services website reco...

5. [2016] NZEmpC 164 Edminstin v Sanford Ltd [pdf, 101 KB]

   ...decision-maker. The threshold test in s 25 is that the fact-finder is “likely to obtain substantial help” from the proposed expert opinion evidence. [8] One issue that the Court in this case has to determine is the interpretation of a phrase in one clause of the settlement agreement: the words “his marks”. On one interpretation of this phrase, it may mean the marks which are Mr Edminstin’s exclusive property. On another interpretation, it may mean the marks that he lodg...

6. Rihari v Auckland -Takou Trust Ahu Whenua Trust (2020) 220 Taitokerau MB 136 (220 TTK 136) [pdf, 227 KB]

   ...contrary to the trust order which provides that proxy forms only have to be in writing and signed by the owner. She says the trustees erred in taking this approach. 2 See Clarke v Karaitiana [2011] NZCA 154. 220 Taitokerau MB 139 [11] Clause 28(c)(ii) of the trust order provides for the use of proxy forms. This requires that the proxy has to be in writing and signed by the owner. It expressly provides that no further requirements are necessary. The trustees were wrong...

7. BW v YD Ltd [2014] NZDT 693 (6 May 2014) [pdf, 80 KB]

   ...actual additional costs claimed by BW. Missed Rent [9] YD Limited claims that BW’s claim must fail in this regard because its contract provides that YD Limited does not guarantee the rent or the condition of the property. I find that this clause will need to be interpreted in accordance with its tenor. I find that a reasonable interpretation is that YD Limited is not liable for rent if there is no tenant or the tenant does not pay or damages the property. I do not accept that it...

8. Brill v Complaints Assessment Committee (CAC 409) & Ors [2017] NZREADT 12 [pdf, 192 KB]

   ...Appeal Notice at the specified address”. He further said “we now have some doubts that we have ever seen an actual true copy of what was signed”. [12] At the time Mr Brill’s appeal was filed, the Tribunal’s Practice Note provided at clause 2.2 that Mr Brill was required to serve a copy of his appeal on Mr Dixon and Ms Arnold, and to provide proof of service.2 There is no evidence that Mr Brill or his solicitors served a copy of his notice of appeal on Mr Dixon and Ms Arno...

9. [2019] NZSSAA 20 (11 March 2019) [pdf, 149 KB]

   ...(Period of Income Assessment) Regulations 1996 (the Regulations) requires that a person receiving 1 Replaced on 28 November 2018 by the Social Security Act 2018. See s 17 and Part 1 of Schedule 4. Jobseeker Support paid at the rate in Clause 1(b) of Schedule 9 of the Act must have their income determined on a weekly basis. Clause 1(b) applies to a single person with no dependents. The case for the appellant [8] The appellant accepts that the regulations which apply to h...

10. BN & KN as trustees for the N Trust v I Ltd [2024] NZDT 188 (8 February 2024) [pdf, 182 KB]

    ...(Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 188 APPLICANT BN and KN as trustees for the N Trust RESPONDENT I Ltd The Tribunal orders: The claim is dismissed. BN and KN are to pay I Ltd $2,827.56 within 28 days. Reasons [1] BN and KN claim from I Ltd, represented by TN, $2,697.07. The Ns say that this sum is owing for unprocessed [nuts] that were provided to I Ltd before they sold the business as a going concern to I Ltd, and