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1. [2017] NZEnvC 200 Morningstar Development Limited v Auckland Council [pdf, 1.5 MB]

   ...construction work required by conditions of this consent shall be supervised and certified by a suitably qualified engineering representative appOinted by the owner (refer also condition 8(c» 24. Alii any retaining walls shall be located wholly within private land and not on legal road. Roadlng 25. Vehicle crossings to the approved design (refer condition 8(d» shall be constructed to the proposed buildIng platform on each proposed lot (Lots 3, 4, and 5 and one for Lot 100). 26. Sati...

2. BORA Anti-Money Laundering and Countering Financing of Terrorism Bill [pdf, 313 KB]

   ...outweighed by the State's interest in the provision of that information in the course of inspecting for compliance. 10. In respect of the on-site inspection power in the Bill it is limited to reasonable times, is not available in respect of a private residence or a marae, no person is required to answer any question if it would incriminate them, and nothing requires any lawyer to disclose any privileged communication. The on-site inspection powers to confirm compliance are therefor...

3. [2023] NZEmpC 117 Downer New Zealand Ltd v King [pdf, 240 KB]

   ...confirmed that it did not work on any project for the Government department to which those invoices could possibly be related. [16] On 21 April 2023, Downer informed Mr King that it had received a complaint regarding his conduct and had started an investigation. Mr Bell and other Downer employees met Mr King on 24 April 2023. At the meeting he was provided with an overview of the complaint about the invoices referred to earlier and told about the investigation. According to Mr...

4. Territorial Authorities - EiC - P R Greenwood -Planning (4 Feb 2021) [pdf, 1.6 MB]

   ...sought. The current resident population of Alexandra and Clyde is 7,044 and is forecast to grow to 8,437 over the next 10 years. Cromwell 16. The consent for the Cromwell community supply is due for renewal in 2023. CODC is planning to investigate options for alternative bore locations but it is highly likely that it will look to reconsent the existing location. Other Supplies within the CODC 4 BI-936714-365-9-V4 17. Ripponvale water supply scheme is currently a...

5. Privacy Bill - additional policy decisions [pdf, 304 KB]

   ...OIA). They cited recent examples where this has led to the same complaint having to be dealt with three times, once under each regime. Another issue for both broadcasters is that the exception risks creating a ‘chilling’ effect in respect of investigative journalism, because the subject of an investigation is able to use the Act to request information about themselves while the investigation is ongoing, thereby frustrating its progress. 29. In my view, this situation is outdate...

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

   ...Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that purpose all the powers of a Standards Committee or an investigator and seek and receive evidence. These powers extend to “any review” … … the power of review is much broader t...

7. Waitangi Tribunal theme Q - Inland waterways - lakes [pdf, 2.3 MB]

   ...pertaining to the ownership of lakes is the Court of Appeal decision in Tamihana Korokai v Solicitor General. The plaintiff sought a determination from the court that he had a right to go the Native Land Court to have his claimed title to the Rotorua lakes investigated. This right, however, was disputed by the Crown.The Solicitor General claimed that his assertion that the bed of lake in question was Crown land meant that the Native Land Court could not investigate whether the bed was Maori cus...

8. NJ v UF [2023] NZDT 238 (22 May 2023) [pdf, 247 KB]

   ...(b) If so, what should NJ’s remedy be? Did UF and/or the Agent misrepresent P to NJ and, if so, was NJ induced to purchase P because of that misrepresentation? 5. The law of contract applies. The contract between NJ and UF regarding P was a private sale, despite it being arranged through the Agent. The rule of Caveat Emptor (‘let the buyer beware’) applies to the private sale of goods (and a horse is a ‘good’ for this purpose) and the implied guarantees given to consumers...

9. MVDT Annual Report 2018-2019 [pdf, 447 KB]

   ...trader’s conduct was likely to breach s 13(i) of the Fair Trading Act 1986, which prohibits misleading representations about a consumer’s rights. The Tribunal therefore referred those matters to the Commerce Commission, which has jurisdiction to investigate conduct that may breach the Fair Trading Act. The use of extended warranties to avoid Consumer Guarantees Act obligations The Tribunal also continues to see many cases where traders sell expensive extended warranty agreements to...

10. Rangahaua Whanui National Overview volume 1 [pdf, 881 KB]

    NATIONAL OVERVIEW volume i Professor Alan Ward Waitangi Tribunal Rangahaua Whanui Series WAITANGI TRIBUNAL 1997 A Waitangi Tribunal publication © Copyright Waitangi Tribunal 1997 isbn 1-86956-207-0 Edited and produced by the Waitangi Tribunal Published by GP Publications, Wellington, New Zealand Printed by GP Print, Wellington, New Zealand Set in Times Roman This report was commissioned by the Waitangi Tribunal as part of its Rangahaua Whanui research programme. Any views express