Search Results

1. [2016] NZEmpC 18 Saomai v Prestige Demolition Services Ltd [pdf, 122 KB]

   ...and seeks a dispensation from the requirement for certification under sub-rr (2) and (3). He submits that because Mr Saomai is not represented by a solicitor (but, rather, by a lay advocate) and because the applicant does not have the financial resources or other ability to engage a lawyer, an exemption should be granted. Legal aid (and particularly an emergency grant) may be available to an applicant, but I will not speculate on that as it has not been referred to on the papers f...

2. Tan v Chief Executive Ministry of Social Development (Non Party Access to Tribunal File) [2016] NZHRRT 2 [pdf, 69 KB]

   ...terms of the Act had lent the process a quasi-judicial character and the requirement of observing the principles of natural justice had resulted in an elaborate and protracted system of provisional and final opinions. The length of the process and the resources consumed led the Re- Evaluation team to recommend a conciliation process to be carried out principally by staff rather http://www.westlaw.co.nz/maf/wlnz/app/document?docguid=I5b8b680ee02c11e08eefa443f89988a0&&src=rl&hitg...

3. Moeahu v Winitana - Waiwhetu Pa No 4 (2014) 319 Aotea MB 166 (319 AOT 166) [pdf, 164 KB]

   ...relief. 7 While there is specific statutory authority enabling the Court to grant relief, that remedy is not lightly given: in re: Tauhara Middle 4A2B2 C-Opepe Farm Trust.8 In this decision Judge Savage was critical of trustees who had used trust resources incorrectly even though they had relied on advice. [27] The Judge noted with concern the attempt by trustees to stand behind a legal opinion provided to them confirming that their proposed actions would not be in breach of t...

4. Gillard v CAC 20003 [2014] NZREADT 4 [pdf, 132 KB]

   ...complainants a copy of that former consent as well as a LIM report with details of restrictive covenants. Essentially, it seems that the land is zoned rural, and before a dwelling house could be built on it, there needed to be a new consent under the Resource Management Act. The restrictive covenants applied to aspects of building work permitted on the land and the type of land use. We understood that there could be no intensive farming activity, such as the raising of poultry or pigs....

5. Tan v CAC20005 & Anor [2015] NZREADT 12 [pdf, 199 KB]

   ...vehicle access along that side to the back of the property. When they discovered the issue, they elected to affirm the contract, constructed a new access way from a different approach, and then claimed the costs of the new access way, including the resource consent, from the agent. 4.16 The High Court held that the Act does not give a CAC the power to order a licensee to pay compensatory damages, either by way of indemnity or for loss of expectation. This is exactly what the appellant...

6. Hollis v ACC [2014] NZACA 2 [pdf, 55 KB]

   ...Income from the grant or renewal, or from the sale or other disposition, of any right relating to— (i) The operation of any mine or quarry; or (ii) The extraction, removal, or other exploitation of any standing timber or of any natural resource; or (iii) The taking in any other manner of profits or produce from land; or (f) Income from any easement affecting land; or (g) Income from payments of any kind made as consideration for— (i) The sale or other dispositio...

7. BORA Customs And Excise Amendment Bill [pdf, 419 KB]

   ...power raises issues under section 21 of the Bill of rights Act, we consider that the power appears reasonable. In reaching this conclusion, we recognise that there is a need to strengthen risk management at the border, thereby maximising the limited resources available and ensuring that agencies work together towards the government’s border outcomes rather than focusing on limited classes of border activity. We consider, however, that despite the fact that expectations of privacy are low...

8. LCRO 19/2016 OW v PG (29 September 2017) [pdf, 292 KB]

   ...consulted Mr OW, but the correspondence from Ms MT and Mr OW was obtuse and unhelpful, and Mr PG was unable to firmly establish what Ms MT’s instructions were. [31] There is no logic to the suggestion that Mr PG would spend significant time and resources in an attempt to retrospectively establish he had instructions from [LMN] to proceed. [32] The evidence does not support Mr OW’s allegations that Mr PG joined [LMN] without authority and the allegation that Mr PG tried to re...

9. Chief Executive of the Ministry for Culture and Heritage - Taonga Tūturu found at Cook's Cove, Tolaga Bay (2017) 71 Tairāwhiti MB 267 (71 TRW 267) [pdf, 276 KB]

   ...safekeeping ensures the taonga are protected for, and on behalf of, the traditional owners. In the case of the heitiki found at Plimmerton, Judge Harvey found that a valuable taonga of this kind must be preserved and cared for by those with the necessary resources and expertise, and it would be inappropriate to vest the taonga in any person who did not have ready access to such facilities and knowledge. In coming to his decision, Judge Harvey noted that: The Rūnanga is a registered...

10. Adams v Accident Compensation Corporation [2015] NZACA 8 [pdf, 175 KB]

    ...be submitted to the High Court, by reason of its general or public importance or for any other reason. Questions of fact could meet this criterion. [26] In exercising its discretion, the Authority is mindful of the proper use of the scarce resources of the High Court. Leave is not given as a matter of course. It is for the applicant to show that the interests of justice require that leave be given (Kenyon v Accident Compensation Corporation [2002] NZAR 385 (HC) at [15], O’...