Search Results

1. Racing Industry Bill [pdf, 152 KB]

   ...contains a number of other clauses which prima facie limit the right of freedom of expression, such as requirements to: publish and make copies of rules available; prepare and provide budgets, financial statement and annual reports; provide specified requested information if an offshore betting operator. These provisions are necessary for the efficient and effective operation of the racing industry and clearly justified. 38. The provisions identified in paragraph 34 and 37 are also propor...

2. BORA Equal Pay Amendment Bill [pdf, 291 KB]

   ...(i.e. different treatment of women compared to men). 25. Pay equity claims are a unique type of claim specifically designed to address historic pay inequalities facing women, while other claims within the Equal Pay Act relate to more ‘direct’ forms of discrimination and are resolved via different processes. There is no clear comparator group that can be drawn on the basis of the sex of the claimant, and we note that other types of claims under the Equal Pay Act are also likely to ap...

3. IG, JX, KX c/-XG Trust v SI [2018] NZDT 1482 (27 August 2018) [pdf, 151 KB]

   ...finishing so that she could give the subtenants at least a month’s notice. The parties then signed the lease renewal. 14. After the work started, it became clear that it could not be restricted to after-hours, and a rent reduction was agreed. SI informed the trustees that most of the therapists would be moving out for four weeks, and emphasised the importance of renovations being completed before everyone returned, “so we definitely need plenty of notice if the renovations are not co...

4. [2021] NZREADT 39 - Lee (29 July 2021) [pdf, 243 KB]

   ...salesperson’s licence. He was asked to provide (by 3 April 2020) a written response or explanation of the matters raised by the Committee, and to provide any documents in his possession relating to the sale and purchase of the 40 B property. [4] Mr Lee requested and was granted extensions of time until 12 May and 19 May, but did not respond until 27 May 2020. His response referred to a property at 40 A Buckley Road, but did not address the 40 B property. [5] On 4 June 2020, Mr...

5. [2021] NZEnvC 154 - Upper Clutha Environmental Society Incorporated & Others v Queenstown Lakes District Council [pdf, 457 KB]

   ...Court wish to review that documentation); and (ii) affidavit evidence in response to any evidence filed, which supports any modified recommendations for the proposed policy alteration (if any). Court’s determination d. On receipt of all of the information listed under (b) and (c), the Court will consider the material filed by the parties and issue further directions as to the next steps, including whether the Court wishes to hear further from any party, or whether a determination on the...

6. DQ Ltd v SM Ltd [2022] NZDT 6 (18 November 2021) [pdf, 199 KB]

   ...determining the claim. However, that does not mean that the respondent is free to initiate new legal proceedings to recover this amount before seeking clarification or attempting to overturn the Tribunal order. [16] The title search fees clearly formed part of the application before the Tribunal. The Tribunal order of 25 June 2020 finally determined the application as filed on 23 December 2020 unless parts of the application are specifically excluded in the Tribunal order. An example of w...

7. O'Neill v Accident Compensation Corporation (Leave to appeal) [2023] NZACC 001 [pdf, 201 KB]

   ...case, the correspondence revealed that the Corporation had made no decisions which attracted review rights under section 134 of the Act. The Corporation’s correspondence with Mr O’Neill was advisory in nature. At no time had the Corporation formed a view on, or made a decision about, the merits of any claim Mr O’Neill may have made. Judge McGuire further noted: (a) The 23 August 2019 letter advised Mr O’Neill that the Corporation had previously advised him what he neede...

8. [2022] NZEnvC 248 Greenacres Waiheke Limited v Auckland Council [pdf, 196 KB]

   ...Condition (b)(v) in December 2022. Stay Condition (c) (a) The respondent continues to process the appellant’s resource consent application, but a decision on notification has not been made yet. (b) The appellant provided responses to a series of requests for further information on 5 and 26 August 2022. (c) Requests for additional further information have since been made on 5 2 September 2022, with responses provided on 17 October 2022. (d) On 8 November 2022, the responden...

9. [2022] NZEnvC 216 Jones v Waikato District Council [pdf, 524 KB]

   ...279(1) of the Act, such order being by consent, rather than representing a decision or determination on the merits pursuant to s 297. The Court understands for present purposes that: (a) all parties to the proceedings have executed the memorandum requesting this order; and (b) all parties are satisfied that all matters proposed for the court’s endorsement fall within the Court’s jurisdiction and conform to the relevant requirements and objectives of the Act including, in p...

10. [2022] NZEnvC 217 Chorus New Zealand Limited v Waikato District Council [pdf, 415 KB]

    ...relocation of existing antennas more easily understood. [8] No person has given notice of an intention to become a party under s 274 of the Act. [9] The Court understands that: (a) All parties to the proceedings have executed the memorandum requesting this order; and (b) All parties are satisfied that all matters proposed for the Court’s endorsement fall within the Court’s jurisdiction, and conform to the relevant requirements and objectives of the Act, including in