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1. [2009] NZEmpC AC 52/09 Corrections Assn of NZ v CE of the Department of Corrections [pdf, 135 KB]

   ...these additional beds and associated facilities are restricted by contract to a maximum of 20 per cent of the single cells in each institution. [19] That is confirmed by the “built design” specified capacities for each new prison contained in formal certification of design built capacities. These confirm the relevant design and built capacities and potential future capacities of each institution. [20] In the case of NRCF, the design built capacity of the institution is 350 to...

2. LCRO 251+257+258+259+260+261/2015 TS Trust v WK, VH, Ql, IV, ZG (13 June 2018) [pdf, 220 KB]

   ...time were Mr WP, [Trustee A] and [Trustee B]. The complaint was signed by all three trustees. [12] The Trust’s complaints were summarised by the Committee in the following way:2 • that, generally, the practitioners took advantage of a former client, Ms KJ, who is reportedly naïve and therefore vulnerable to exploitation; • that, following the formation of the [Trust A], the practitioners unnecessarily formed a trustee company, the [Trust Company A], of which the practitio...

3. LCRO 122/2018 ZQ v VX (30 October 2018) [pdf, 274 KB]

   ...expressing dissatisfaction with the representation he had received. Mr VX then emailed Mr ZQ with purpose to both explain the firm’s position and in an attempt to resolve matters. [16] The account remained unpaid. [17] [Law firm] made further request for payment of fees. Mr ZQ replied by advising that [Law firm] could expect a response from his lawyer. No response was provided. [18] On 8 November 2017, Mr ZQ advised [Law firm] that he had complained to the New Zealand Law Soc...

4. [2011] NZEmpC 68 Army Surplus Disposals Ltd v Reed [pdf, 110 KB]

   ...produce this book to the Authority. (d) Mr Doyle claimed he could provide further evidence that Mr Reed received the money alleged if he was given time. The Authority Member allowed Mr Doyle 10 days following the investigation to provide this information but he failed to do so. [5] The determination records findings and orders as follows: [7] By operating its business on a cash basis, without documentation, the respondent has put itself in a vulnerable position. In the absence...

5. Te Runanga o Ngati Hine v Te Runanga a iwi o Ngapuhi [2013] Māori Appellate Court MB 89 (2013 APPEAL 89) [pdf, 148 KB]

   ...decrease once separation from TRAION is complete. [24] It was argued that the effect of Judge Ambler’s decision was to render the actions of TRAION and its trustees immune from scrutiny simply because they have launched a mandate proposal that forms part of a process that the Courts generally regard as political. TRONH, it was contended, has a right to withdraw from TRAION and the Court ought to be “fair and fearless” in its scrutiny of the mandate proposal so as to be satisfi...

6. [2018] NZEnvC 197 Double R Developments Limited v Western Bay of Plenty District Council [pdf, 630 KB]

   ...subject site via Waihi Beach Road, State Highway 2, Athenree Road, Steele Road, Emerton Road and Hanlen Avenue. The empty trucks are to return to the quarry via the same route. [16] On 4 March 2018 the Appellant's surveyor responded bye-mail requesting amendments to 9 conditions and asking to be updated about the requirements for fill and finished floor levels in conditions 6 and 10. The e-mail makes no reference to condition 7, nor to truck movements generally. [17] On 16 Marc...

7. LCRO 180/2018 & 186/2018 KM on behalf of XYZ Trust v DF (5 May 2020) [pdf, 159 KB]

   ...Billable hours that served no useful purpose save to generate those hours, and for which payment was received; (c) Failure (in July 2015) to recognise that an affidavit with the 1st delivery of discovered documents from the defendant was visibly informal, and was otherwise erroneous in several aspects; (d) Failure (in August 2015) to notify the plaintiff of the filing of an amended statement of claim, which was later found to contain careless errors because it had been prepared in...

8. 2022-03-28 Willowridge & RPL - Reply Submissions [pdf, 241 KB]

   ...the ORC expert did provide such certification, or they would need to seek a restricted discretionary activity consent from the ORC. (Again, in principle, this would be no different from a user of the plan approaching the regional council and requesting a certificate of compliance under its proposed permitted activity rule. Despite any element of ambiguity, the ORC would be required to work through each element to determine whether or not the permitted activity standards would be...

9. [2023] NZEnvC 276 Danone Nutricia v Otago Regional Council [pdf, 485 KB]

   ...mitigate this and other cation imbalances although being recommended future measures, these would be best considered at a hearing of Danone’s appeal and not in this context. Is compliance unreasonable? [75] Danone had made five successful prior requests for an extension of the time to achieve compliance, although the latest application was declined by the council. The compliance date is 30 September 2023. 18 [76] However, Danone has undertaken significant works to try and...

10. International Covenant on Civil and Political Rights - government report back 5th report [pdf, 242 KB]

    GE.11- Human Rights Committee Consideration of reports submitted by States parties under article 40 of the Covenant New Zealand Information received from New Zealand on the implementation of the concluding observations of the Human Rights Committee (CCPR/C/NZL/CO/5) [11 April 2011] 1. On 7 April 2010, the Human Rights Committee adopted concluding observations on New Zealand’s fifth periodic report (CCPR/C/NZL/CO/5). The Committee requested relevant information, wi