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1. [2013] NZEmpC 216 Narayan v Telecom NZ Ltd [pdf, 54 KB]

   ...reg 19 of the Employment Court Regulations 2000. However, that regulation really only applies to the filing of the initial statement of defence to the initial statement of claim commencing the proceedings. The present application is really a request to the Court to grant leave pursuant to its general jurisdiction. 2 While, when there is a failure to file the original statement of defence within the 30 day period prescribed in reg 19, the defendant is compelled to apply to the Co...

2. AX Ltd v ZC Ltd [2014] NZDT 673 (27 February 2014) [pdf, 29 KB]

   ...network. AA submitted that in establishing an account with ZC Limited and charging a fee there is a standard residential demand that is calculated and accepted as the demand for that account. He argues that that has not changed with the company now requesting connection to the network. He also argues that the increased demand provision is directed towards commercial activity which can change dramatically, unlike residential use which is reasonably confined. [8] I do not accept AA...

3. ENVC Matiatia party corresp WML memo of counsel 20150501 [pdf, 61 KB]

   Before the Environment Court at Auckland ENV-2013-AKL-000174 In the Matter of the Resource Management Act 1991 And In the Matter of Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Memorandum on behalf of Waiheke Marinas Ltd Dated 1 May 2015 Richard Brabant/Jeremy Brabant Barrist...

4. Dixon v Dixon [pdf, 62 KB]

   ...also no evidence that Mr Wellington undertook any inspection or took part in the supervision of the construction. Mr Wellington was also not shown to have personally assumed responsibility for any part of the project apart from signing the form. The Tribunal was therefore not satisfied that it was desirable to join Mr Wellington. The application was therefore declined. AHI Roofing Ltd Key Homes filed an application to join AHI Roofing Ltd on the grounds that it constructed the...

5. BORA New Organisms And Other Matters Bill [pdf, 19 KB]

   ...offence against the law, for which the person has been tried. What is prohibited is further trial for the same offence, that is a trial which may also result in acquittal or conviction. The provision is not concerned with a trial which may result in a form of civil liability. 10. On this basis, we consider that new section 124E is not inconsistent with section 26(2) of the Bill of Rights Act as a pecuniary penalty order is not a punishment for the purposes of section 26(2). CONCLUSION...

6. Waitakere Ranges Protection Society Incorporated [pdf, 96 KB]

   ...Prohibited Activity status for such subdivision. 3. WRPS has an interest in the proceedings that is greater than that of the general public: (a) WRPS is a community-based organisation with a membership of over 500 individuals and families. WRPS was formed in 1973 in response to a proposal for a Council landfill in Bethells Valley. The aims of WRPS include ensuring protection of the landscape and ecological qualities of the Waitakere Ranges. (b) WRPS’s focus has been exclusiv...

7. BORA Nga Punawai o Te Tokotoru Claims Settlement Bill (Ngati Rangiteaorere) [pdf, 278 KB]

   ...exclusion was consistent with articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable provisions to s 20 and s 27(2) of the Bill of Rights Act.3 9. In respect of each settlement the Bill will exclude any form of monetary compensation as a remedy for any failure of the Crown to comply with protocols issued under the Bill. Although s 27 affirms the right to bring civil proceedings against the Crown, the section protects only procedural rights,...

8. BORA Ngāruahine Claims Settlement Bill [pdf, 274 KB]

   ...consistent with articles 14 and 27 of the International Covenant of Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act. [3] Whether s 27(3) at issue 8. Clause 24(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 9. This clause may be seen to raise the issue of compliance with s 27(3) of the Bill of Rights Act, namely the right to bring c...

9. BORA Hineuru Claims Settlement Bill [pdf, 288 KB]

   ...articles 14 and 27 of the International Covenant of Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act. [3] Whether s 27(3) at issue 8. Clauses 26(3) and 30 of the Bill respectively exclude damages or other forms of monetary compensation as a remedy for any failure by the Crown to comply with Te Kawenata without good cause or a protocol under the Bill. 9. These clauses may be seen to raise the issue of compliance with s 27(3) of the Bill of...

10. BORA Land Transfer (Tax Information) Bill [pdf, 287 KB]

    Land Transfer (Tax Information) Bill 8 June 2015 Hon Christopher Finlayson QC, Attorney-General Consistency with the New Zealand Bill of Rights Act 1990: Land Transfer (Tax Information) Bill Purpose 1. We have considered whether the Land Transfer (Tax Information) Bill (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). 2. We have not yet received a final version of the Bill. This advice