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1. EA v UZ Ltd [2015] NZDT 889 (12 August 2015) [pdf, 149 KB]

   ...considerable number of forum supporters commenting about Type A’s airbox problems adds weight to the evidence given by EA. Forum supporters in such numbers are unlikely to be fictitious or have invented their problems with the Type A airbox. [15] In response to UZ Ltd’s statement that there have been no other Type A’s with the same problem, EA provided footage for UZ Ltd of a friend’s bike sent to the dealer where dust was also evident on the intake. At the service the au...

2. EJ v UQ Ltd [2015] NZDT 834 (29 September 2015) [pdf, 91 KB]

   ...wheel driving. This is an off road 4 wheel drive vehicle which prior to EJ’s ownership was used by the Police for driver training; h) It diagnosed and remedied all electrical faults that existed up to the end of the warranty period. It is not responsible for electrical faults that arose in November 2013 after the vehicle was outside its warranty period; i) The disintegration of the heat shield is a wear and tear matter that is not covered by warranty. In its opinion the failure...

3. [2018] NZEnvC 073 Skyline Enterprises Limited v Queenstown Lakes District Council [pdf, 1.2 MB]

   ...procedure I realised I was out of time and stitt want to be part of the Environment Court Hearing. Position of the other parties [10] The applicant' has advised that it does not oppose the application for waiver. [11] There has been no response from the Council so it is assumed it also has no objection to Mr Walker joining out of time. Consideration [12] Section 281 RMA provides (relevantly): [2017] NZEnvC 124. ENV-2016-CHC-107. Memorandum of counsel for the applicant, d...

4. BORA Taxation (Urgent Measures and Annual Rates) Bill [pdf, 307 KB]

   ...and social purposes of tax and benefit systems, we necessarily accord Parliament a level of deference in identifying and addressing those purposes. Is there a distinction on prohibited grounds? 18. Family status includes having, or not having, responsibility for the care of children or other dependents, or being a relative of a particular person. Employment status includes being unemployed or a recipient of a benefit under the Social Security Act 1964. Receipt of income-tested benefits...

5. BORA Residential Tenancies Amendment Bill [pdf, 299 KB]

   ...clarifying the rights and obligations of tenants and landlords. The key provisions in the Bill will: • extend the protections in the Act to more individuals involved in the rental market, including for instance tenants in boarding houses • clarify responsibilities as between landlords and tenants for the payment of outgoing expenses such as rates and electricity • clarify the processes for terminating and renewing tenancies • introduce new sanctions and increase the level of...

6. T v Mudaliar [2017] NZIACDT 10 (28 July 2017) [pdf, 152 KB]

   ...is of course a serious matter, 5 as it could potentially adversely affect her prospects of immigration to New Zealand indefinitely. [16] For that reason, the Tribunal took care to make it very clear that the adviser was solely responsible for the attempted deception, and that the applicant was a victim of that attempted deception. That is set out at paragraph [63] of the substantive decision. Accordingly, in the absence of evidence to the contrary, the Tribunal cou...

7. [2017] NZEnvC 191 The Architectural Centre v Wellington City Council [pdf, 470 KB]

   ...decision, for formal approval. 5 [15] On this issue, the members of the Court are unanimous. Costs [16] The question of costs is reserved. Any application should be lodged and served within 15 working days of the issuing of this decision, and any response lodged and served within a further 10 working days. Dated at Wellington this:2t:k 1lday of November 2017 C J Thompson Environment Judge 6

8. BORA Energy Safety Review Bill [pdf, 145 KB]

   ...both initial and on-going competency requirements for the issue and annual renewal of licences; • Confirms the Health and Safety in Employment Act 1992 as the primary legislation covering electricity and gas safety in places of work, and that responsibility for public and product safety remain with the Energy Sector Acts; • Aligns the disciplinary and appeal provisions in the Electricity Act, the Gas Act and the Plumbers, Gasfitters, and Drainlayers Act to ensure consistency acros...

9. BORA Taxation (Neutralising Base Erosions and Profit Shifting) Bill [pdf, 205 KB]

   ...limitation is justified under s 5 of the Bill of Rights Act because multinational tax obligations are complex to enforce for jurisdictional reasons, and this offence aims to circumvent enforcement difficulties by holding the New Zealand based corporation responsible. In our view, the New Zealand based company is also best placed to establish absence of fault because the matters are peculiarly or primarily within its knowledge, namely the composition of the multinational group of which it i...

10. Notes from Crown Maori Relations hui Auckland 6 May 2018 [pdf, 432 KB]

    ...• Policy design and programme implementation – A few speakers noted the importance of Māori being involved in the co-creation of policies and programme implementation. For example, one speaker summarised their view as the need for ‘a Māori response for every Māori need’. Auckland Crown/Māori Relations engagement hui notes (6 May 2018) Page 4 of 4 • Criminal Justice system needs to be reformed – Many speakers discussed the criminal justice system and t...