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1. Immigration & Protection Tribunal Annual Report 2018-2019 [pdf, 349 KB]

   ...treated in a uniform manner and so that legitimate expectations can be clarified for the benefit of the members and the Ministry. 7 Dispatch of Tribunal Business In terms of sections 220(1)(a) and 223 of the Act, the Chair is responsible for making arrangements to ensure the orderly and expeditious dispatch of business in the Tribunal. Performance Appraisal of Members In 2018/2019, the Chair continued the process of biannual performance appraisal meetings w...

2. New Zealand Transport Agency - Kaiti 336F (Roadway) (2020) 92 Tairawhiti MB 287 (92 TRW 287) [pdf, 486 KB]

   ...reliant on the roadway for access. The purpose of the provision was to ensure that subsequent alienees of the block were not left without access to the road. Successors in title to Kaiti 336E did not need that protection. Makorori Forests Limited’s response [25] Makorori Forests Limited makes two arguments in response. It says: (a) There is a gazette notice on the certificate of title for Makorori Forests Limited’s land that declares SH35 to be a limited access road. The effec...

3. INZ (Calder) v Tian [2019] NZIACDT 58 (27 August 2019) Sanctions [pdf, 204 KB]

   ...Mr Rennie QC notes that at the time Ms Tian acted for these clients, she succumbed to a number of pressures and was, in her own words, “mentally destroyed” and exhausted. She had severe work pressure. Her emotional state also coloured her response to the complaint. Ms Tian then lacked insight into the difficulties she was facing, until she sought help from her former counsel, Hon. Paul East QC. Mr Rennie QC records that she had intended her earlier apology to be more general...

4. INZ (Greathead) v Ortiz [2019] NZIACDT 59 (29 August 2019) [pdf, 154 KB]

   ...involvement in the control of the hairdressing business and had said that she did not know what was happening. However, she had conceded that she did know some things, but had not been able to address them with the person in control. The Judge’s response to that was that she had pleaded guilty. Furthermore, Ms Ortiz had formally accepted being a party to allowing the client to work for the benefit of her and her husband, at the same time exploiting him. Her offending was moder...

5. [2022] NZEnvC 030 Anderson Branch Creek Limited v Queenstown Lakes District Council [pdf, 973 KB]

   ...position to make a final determination on all remaining matters, subject to some residual matters being satisfied including as to the ss32AA evaluation, jurisdiction and some confined points of drafting. [6] The parties filed a joint memorandum in response, dated 23 December 2021. This properly addressed the court’s identified issues and set out the parties’ agreed position on all drafting matters. 4 Statutory framework [7] The non-contentious and relatively confined iss...

6. 2021-07-05 Fish and Game - Closing Submissions [pdf, 342 KB]

   ...environmental bottom lines, or priority of allocation of resources between users, and have to be weighted in that regard. 21 By 31 December 2021, there should be an Emissions Reduction Plan and National Adaptation Plan written under the Climate Change Response Act 2002, from the Climate Change Commission, and from that date RMA decision makers must have regard to them11. 22 Until there is more detailed national direction beyond the NPSREG as to how renewable generation is to be...

7. [2022] NZACC 68 – Broughton v ACC (28 April 2022) [pdf, 233 KB]

   ...tendon split or tear. This was on the basis that this condition was not caused by the accident on 10 July 2017 and related to a pre-existing health condition. Mr Broughton applied to review this decision. [17] On 2 April 2018, Mr Dray provided responses to a series of questions posed by Mr Broughton’s counsel: 1. When Mr Broughton rolled his right ankle in July 2017 he tells me he tripped on a top step and fell down severely inverting the right ankle as he fell. I note from D...

8. [2023] NZIACDT 5 - SM v KIM (15 February 2023) [pdf, 253 KB]

   ...January 2019, which was paid by the employer to the adviser. [28] According to the complainant, the visa officer raised an issue as to the amount paid. In October 2021, he therefore asked BX to explain the money paid in “April 2019”. Her response was that she would be happy to reply to the visa officer. He asked her for the service agreement and the invoice. When he received them, he found them to be amended. It was his recollection that the original service agreement was f...

9. [2023] NZEnvC 059 Balmoral Developments (Outram) Limited v Dunedin City Council [pdf, 375 KB]

   ...mandate to read this exemption as intending to direct that the exercise of first schedule rights are to be regarded as not part of a “plan change” as at the commencement date of the NPS-HPL.9 [61] However, the court accepts the Council’s response that this submission is difficult, if not impossible, to reconcile with the language used in cl 3.5(7)(b)(i). 9 Submissions for Balmoral Developments (Outram) Ltd, Blue Grass Ltd and Stephen Gregory Johnston, dated 16 February 2023,...

10. [2022] NZEmpC 120 Smiths City (Southern) Ltd (in receivership) v Claxton [pdf, 273 KB]

    ...(Southern) Ltd (in rec) v Claxton [2022] NZEmpC 17; and Claxton v Smiths City (Southern) Ltd (in rec) [2022] NZCA 173. 4 While the parties referred to costs excluding GST, no one sought an uplift to take account of that tax. [6] In response to an inquiry from the Court about whether the settlement with Mr Milne had any bearing on the costs claim, Smiths City’s counsel took the opportunity to submit that it had no effect but that there should be a reconsideration of th...