Search Results

1. Freedom Camping (Infringement Offences and Other Matters) Amendment Bill [pdf, 2 MB]

   ...justify a warrantless search of an individual's vehicle to ascertain information in the regulatory context. In reaching this conclusion, J have taken into account the intrusiveness of the warrantless search and the fact that it relates to the investigation of low-level infringement offending. 18. For the reasons set out above, I consider that new s 36A constitutes an unreasonable search under s 21 of the Bill of Rights Act. Section 25(c) - Right to be presumed innocent until proven...

2. Introduction to the Weathertight Homes Tribunal [pdf, 549 KB]

   ...available to attend the hearing. The hearing will be held in the city closest to the leaky home unless parties agree on an alternative venue. In some circumstances, with prior approval, witnesses can attend by phone or video link. The hearing is an investigative process – an inquiry on the part of the Tribunal member. All parties will be given an opportunity to question witnesses; however, the Tribunal member will stop questions that are unnecessary or waste time. Decision The a...

3. LCRO 28/2024 EB v FI (30 May 2024) [pdf, 190 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 th...

4. [2024] NZREADT 24 – OG Trust v REAA (29 July 2024) [pdf, 180 KB]

   ...Furthermore, the trustees have misunderstood cl 5.1.3 of the agency agreement. They could have sold the property themselves or listed it with another agency after about 5 November 2022 without paying commission to the agency (unless in the case of a private sale, the agency introduced the buyer). Deposit [55] The trustees state that the licensee did not seek a sufficient deposit. He obtained from the purchaser $8,500, being 10 per cent of the sale price of $85,000, but omitted t...

5. E92 Joe Phillips - Traffic and Transportation - RE – Applicant [pdf, 14 MB]

   31050383_2.docx BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA ENV-2018-AKL-000078 IN THE MATTER of the Resource Management Act 1991 (RMA) AND IN THE MATTER of the direct referral of applications for resource consent for the necessary infrastructure and related activities associated with holding the America's Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND Applicant AND AUCKLAND COUNCIL Regulatory Authority REBUTTAL EVIDE

6. [2023] NZEnvC 208 Nelson Regional Sewarage Business Unit v Tasman District Council [pdf, 9.3 MB]

   ...appropriate holding tank at the BAF shall be upgraded to a remotely actuated automated system. Agreement reached [5] I have read and considered the consent memorandum of the parties dated 23 August 2023. It explains the parties engaged in private discussions that resulted in the agreement to resolve the appeal. That is, an order granting amendments to the resource consents conditions as set out in Appendix A to this order. 4 Other relevant matters [6] No other person ha...

7. [2018] NZEmpC 45 Performance Cleaners All Property Services Wellington Ltd v Chinan [pdf, 427 KB]

   ...$2,421.04 were also sought. [4] The Authority was not persuaded that indemnity costs should be awarded. Whilst it considered that the issue was finely balanced, the Authority concluded that the evidence concerning Mr Barron’s conduct at the investigation meeting fell “marginally short of demonstrating misconduct to such a flagrant extent that indemnity costs would be an appropriate consequence”.4 [5] Then it dealt with an issue as to whether there should be an uplift on the...

8. Firmin v ACC [2013] NZACA 15 [pdf, 87 KB]

   ...assessing Mr Lewis’ “earnings as an employee”, ACC was correct to have regard purely to the income he returned for tax purposes, or whether in addition, ACC should include the value of a car supplied by his employer. The car was used by him privately as well as for business purposes and there was no apportionment. ACC contended first, that it was impossible to value the use of the car, and secondly, which is the aspect of primary relevance here, that it was an established principl...

9. [2021] NZREADT 18 - Brady (28 April 2021) [pdf, 338 KB]

   ...whether two licensees’ involvement in the sale of a property owned by them (with a third person) as trustees of a family trust was within the definition of “real estate agency work”. The licensees claimed that it was not, as the sale was a private sale and no commission was payable. [44] His Honour accepted a submission on behalf of the Real Estate Agents Authority that even if the sale were a private sale, it was still one that was carried out “in trade”. He observed...

10. [2018] NZEmpC 30 Lancom Technology Ltd v Forman and ors [pdf, 322 KB]

    ...expenses as the Authority thinks reasonable. The general approach of the Authority is by way of application of a notional daily tariff. Here the Authority’s starting point was $9,000, applying a daily tariff of $4,500 to what was a two-day investigation meeting.3 [6] This is a de novo challenge to the Authority’s costs determination. The Court must make its own decision, which then stands in the place of the Authority’s costs determination.4 [7] Given the nature of the pr...