Search Results

1. [2018] NZEmpC 32 Spillman v Tandem Skydiving 2002 Ltd t/a Taupo Tandem [pdf, 232 KB]

   ...Waikato Ltd v Elmsly [2004] 1 ERNZ 172, (2004) 17 PRNZ 16 (CA) at [53]. approach was reiterated by the Court of Appeal in Bluestar Print Group (NZ) Ltd v Mitchell where the Court said:10 It has been repeatedly emphasised that the scarce resources of the Courts should not be burdened by litigants who choose to reject reasonable settlement offers, proceed with litigation and then fail to achieve any more than was previously offered. ... The importance of Calderbank offers is...

2. LD v Review of prosecutorial decision LCRO 15/2015 (15 June 2015) [pdf, 168 KB]

   ...matters to the Tribunal. The Court said that:21 The protection to the practitioner once afforded by the threshold test [in the Law Practitioners Act] is thus now met by other means. The oversight of the LCRO should also assist in protecting the resources of the Tribunal and prevent it from being overwhelmed by petty or trivial cases. 16 Above n 9 at [50]. 17 At [23]. 18 Above n 10, at [31]. 19 Above n 9, at [54](h). 20 At [53]–[54]...

3. HB v JD LCRO 311/2013 (17 December 2014) [pdf, 186 KB]

   ...Tribunal. 20 Above n 17 at [54](h). 10 [51] However, the subject matter of this case is very specific, and one could say, unique. In the Orlov judgement, the Court noted that “[t]he oversight of the LCRO should also assist in protecting the resources of the Tribunal and prevent it from being overwhelmed by petty or trivial cases”.21 Whilst I do not regard this matter as “petty” or “trivial”, I do not regard it such as to require the attention of the Tribunal. It...

4. [2018] NZEnvC 043 Royal Forest and Bird Protection Society v Northland Regional Council [pdf, 5.2 MB]

   ...BETWEEN AND Decision No. [2018] NZEnvC 43 of an application under section 76 of the Biosecurity Act 1993 in relation to the proposed Northland Regional Pest and Marine Pathway Management Plan of a Notice of Motion under section 291 of the Resource Management Act 1991 ROYAL FOREST & BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2017 -AKL-140) Appellant NORTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge JA Smith Environment Commissioner SK Prim...

5. CAC 414 v Goyal [2018] NZREADT 3 [pdf, 191 KB]

   ...interest in the properties from the outset, by lending Mr Grewal money which he knew would be used for buying and developing the properties, being actively involved in planning and development meetings with Mr Grewal, and signing the application for resource consent. The Tribunal found that Mr Goyal’s breaches of the Act and Rules were of obligations that are fundamental to the purposes of the Act, as set out in s 3 of the Act. Those breaches occurred over two interrelated, but...

6. [2017] EmpC 156 Coomer v JA McCallum & Son Ltd [pdf, 309 KB]

   ...should pay costs to the party who succeeds should not apply. That said, it is appropriate that the costs ultimately awarded to the appellants should be reduced in accordance with r 14.7(d) because, although the appellants succeeded, the time and resources necessary for the respondent to meet ultimately unsuccessful arguments significantly increased its costs. 13 At [1]. 14 At [19] and see also Water Guard NZ Ltd v Midgen Enterprises...

7. BORA Social Security (Benefit Categories and Work Focus) Amendment Bill [pdf, 396 KB]

   ...(“the Act”) and forms part of a package of reforms to the benefit system encouraging and supporting beneficiaries to move into paid work. Its objectives include to: · reduce benefit dependency · support an investment approach to focus resources where they will be most effective · support beneficiaries into work, and · introduce social obligations for parents and encourage beneficiaries with warrants to arrest to clear them. 5. Key changes to the social...

8. Dorward - Omahu 1A and 1B1A Section 1 (2009) 202 Napier MB 35 (202 NA 35) [pdf, 262 KB]

   ...land was dealt with to indicate otherwise. [18] In 2007 Mr Dorward took a number of steps to reduce debt he owed to the ANZ National Bank Ltd. One of those steps was to subdivide two lifestyle sites from part of Omahu lA Mr Dorward was granted resource consent from the Hastings District Council for this subdivision. Once again both Mr Dorward and the Hastings District Council dealt with the land on the basis that it was general land. [19] It is clear from letters presented to the Co...

9. BORA Manukau City Council (Control of Graffiti) Bill [pdf, 322 KB]

   ...freedom by detaining him or her. The individual cannot walk away. This physical intrusion on the individual's mental liberty in turn may enable the state to infringe the individual's mental liberty by techniques made possible by its superior resources and power...The scope of the right to silence must be defined broadly enough to preserve for the detained person the right to choose whether to speak to the authorities or to remain silent, notwithstanding the fact that he or she i...

10. BORA Manukau City Council (Control of Street Prostitution) Bill [pdf, 417 KB]

    ...freedom by detaining him or her. The individual cannot walk away. This physical intrusion on the individual's mental liberty in turn may enable the state to infringe the individual's mental liberty by techniques made possible by its superior resources and power...The scope of the right to silence must be defined broadly enough to preserve for the detained person the right to choose whether to speak to the authorities or to remain silent, notwithstanding the fact that he or she i...