Search Results

1. Legal submissions of counsel for Otago Regional Council re new proposed rps [pdf, 180 KB]

   ...revoked, as of 15 March 2021. The Partially Operative Otago Regional Policy Statement 2019 will be available on Otago Regional Council’s website www.orc.govt.nz and at public libraries throughout Otago. Alternatively, copies of the document can be requested by phoning 03 474 0827 or 0800 474 082, or can be obtained from Council offices at: • 70 Stafford Street, Dunedin • Dunorling Street, Alexandra Gwyneth Elsum General Manager of Strategy, Policy and Science Signed on be...

2. Supplementary Order Paper on Taxation (Annual Rates for 2020-21, Feasibility Expenditure and Remedial Matters) Bill - Extended Bright Lines Test [pdf, 241 KB]

   ...R [2007] NZSC 7, [2007] 3 NZLR 1 at [123]. 19. Inland Revenue’s 2016 guidance on the application of the two-year bright-line test shows how the test is targeted to people who are likely to be buying and selling property they reside in as a form of property speculation.7 For example: • generally, at least three prior transactions would be needed for there to be a regular pattern • a “pattern” requires a similarity or likeness between the transactions • for a pattern...

3. Corrections (School Notification of Sex Offenders) Amenmdent Bill [pdf, 132 KB]

   ...treatment affirmed in s 9 of the Bill of Rights Act. 2. As required by s 7 of the Bill of Rights Act and Standing Order 262, I draw this to the attention of the House of Representatives. The Bill 3. The Bill aims to enable local schools to make informed decisions about the risk of a sex offender’s placement in the community. The Bill amends the Corrections Act 2004 (‘the principal Act’) to require probation officers to notify school principals when certain offenders are plac...

4. Otago Regional Council [2021] NZEnvC 20 (s 281 Application - Willowridge Developments) [pdf, 102 KB]

   ...and restricted discretionary earthworks (rules 14.5.1 and 14.5.2), and that it supports their deletion; and (d) it has an interest greater than the public generally. [2] The notice was filed some three weeks out of time and was accompanied by a request for a waiver of time under s 281 RMA. [3] Neither application was opposed by Otago Regional Council (ORC). Background [4] Willowridge is an Otago based residential land development company which undertakes both residential and co...

5. [2020] NZEmpC 138 Alkazaz v Enterprise IT Ltd [pdf, 188 KB]

   ...occur absent an order declaring each witness to be hostile. [16] The witness summonses are oppressive for the purposes of reg 34(3)(a) and are set aside on this basis. [17] Orders are made accordingly. [18] Costs are reserved at the request of counsel. Christina Inglis Chief Judge Judgment signed at 12.30 pm on 1 September 2020

6. [2021] NZEnvC 020 Otago Regional Council [pdf, 104 KB]

   ...and restricted discretionary earthworks (rules 14.5.1 and 14.5.2), and that it supports their deletion; and (d) it has an interest greater than the public generally. [2] The notice was filed some three weeks out of time and was accompanied by a request for a waiver of time under s 281 RMA. [3] Neither application was opposed by Otago Regional Council (ORC). Background [4] Willowridge is an Otago based residential land development company which undertakes both residential and co...

7. [2021] NZEmpC 19 Restaurant Brands Ltd v Unite Inc [pdf, 222 KB]

   ...however, has continued with its application, saying the third amended statement of claim is still deficient. [8] In respect of the first cause of action, conspiracy to commit unlawful strike action, the prayer for relief for special damages is formulated. b. Either: i. Special (compensatory) damages of $82,418.93, being: o The lost profit suffered by the plaintiff as a result of the Strike Actions in respect of KFC Taupo, Point Chevalier, Pukekohe, Rotorua, Glen Innes, Gis...

8. [2020] NZEmpC 91 Dollar King Ltd v Jun [pdf, 208 KB]

   ...enhanced ability to control proceedings. This includes powers to determine a matter without holding an investigation meeting (s 174D), to provide indications and recommendations to the parties (ss 174B; 173A), and to concentrate on substance over form (see, for example, s 160(3)). Notable too are the limitations on challenge rights (ss 179; 179A), the restrictions on judicial review (s 184), and the constraints on the Court in respect of certain matters dealt with in the Authority (...

9. Bacic v Tulip Holdings Limited (in liq) [pdf, 26 KB]

   ...unit • 6 January 2003: the claimants lodged an application with WHRS and the assessor's report concluded that the dwelling was a leaky home • March 2004: the Council issued a notice to rectify the building work • June 2005: the Council requested access to the unit so that Prendos could carry out an invasive report - a copy of which was sent to the claimants in October 2006 • The claimants attempted to get quotes and approval to carry out the remedial work. A proposal fo...

10. Cousins v Plaster Systems Ltd [pdf, 31 KB]

    ...Components Guarantee” provided (inter alia): “On – site application beyond our control and Plaster Systems Limited can not guarantee workmanship or the correct preparation and application of its Insulclad system. The licensed Contractor will, on request, provide a separate guarantee for their workmanship.” Mr Payne did issue a separate guarantee for workmanship. 29. The evidence is that the contractual terms between the parties expressly precluded liability for wo...