Search Results

1. [2021] NZEmpC 1 QDA v EKD [pdf, 221 KB]

   ...the Registrar and the rest paid to him so that it could be used in his business. Despite those submissions details of his earnings, assets, or the potential for his business to provide adequate funds in future were noticeably missing from his response to the application. [21] QDA’s concerns about EKD’s financial circumstances, and the candid acknowledgement by him that the money would be applied in the ordinary course of his business without saying how it would be repaid, suppo...

2. 2021 February - Family Violence Provider Update [pdf, 157 KB]

   ...something we usually only look at during audits, it is an ongoing requirement for all new facilitators that you employ. Please make sure you are familiar with the approval processes. Matching clients to the most suitable programme clients/evidencing responsiveness Referral information from the courts doesn’t always accurately record client ethnicity – this is usually because the lawyer, client or police haven’t captured the information of the client or partner at initial engage...

3. [2020] NZEnvC 110 Aratiatia Livestock Limited v Southland Regional Council [pdf, 268 KB]

   ...ecological effects. Whether framed as risk-based or effects-based, the policies are working on the problem of contaminant losses and the cumulative effect of contaminant losses. Conceptually, a risk-based approach is the more appropriate policy response for a risk assessment tool, particularly in a context where the attribution of an adverse effect to a single consent holder is difficult to substantiate. [17) We therefore confirm a risk-based approach to the physiographic zone policie...

4. Raukawa v Lux - Opape 3A1E (2020) 238 Waiariki MB 119 (238 WAR 119) [pdf, 179 KB]

   ...29) 238 Waiariki MB 124 Whakataunga Decision [20] In accordance with the decision of the meeting of beneficiaries of the Opape 3A1E Māori Reservation Trust, Joyce Green, Georgina Tai and Te Ao McLaughlin are appointed additional responsible trustees. [21] To avoid doubt, there are orders per s 338 of the Act, that the Opape 3A1E Māori Reservation applies to the marae, the marae extension and the urupā, in accordance with the wishes of the trust beneficiaries and...

5. [2020] NZEmpC 146 Shaw v Bay of Plenty District Health Board [pdf, 209 KB]

   ...undue hardship to the summonsed person.1 [11] There is little case law on the scope and application of reg 34(3).2 As was observed by Chief Judge Inglis in Alkazaz v Enterprise IT Ltd, summons are administratively issued by the Court Registry in response to an application.3 The Court is empowered to control potential abuse or misuse of witness summons via reg 34(3).4 The decision on an application to set aside a summons is guided, ultimately, by what is required for a particula...

6. [2020] NZEmpC 126 McCook v Chief Executive of the Inland Revenue Department [pdf, 228 KB]

   ...with including whether the statutory privilege over Revenue information should be claimed. [4] Ms Rapley also summarised IR’s position again as to the various categories of documentation referred to in Interlocutory Judgment (No 2). [5] In response, Mr Cranney filed a submission in which he said it was assumed the Commissioner’s delegates had, in respect of categories relating to the Leaders Guide on Decision Making2 and as to Meeting in a Box materials,3 applied the releva...

7. [2020] NZEmpC 127 123 Casino Ltd T/A 123 Palm Bar & Restaurant & Function Centre v Zuo [pdf, 208 KB]

   ...and a settlement offer made without prejudice except as to costs. Implicitly, by including GST in the application, an uplift was also sought because Ms Zuo is not GST registered. [8] Amy Guan, who is a director of Palm Bar, filed submissions in response, some of which sought to relitigate matters dealt with in the judgment. Those matters have been concluded and cannot be revived in deciding costs. [9] Ms Guan did not dispute Ms Moncur’s assessment of the steps required in the...

8. [2021] NZEnvC 082 Eden Epsom Residential Protection Society Incorporated v Auckland Council [pdf, 367 KB]

   ...43"',\,'\ RMA_ as meaning a change proposed by a local authority under clause 2 of Schedule 1 RMA a change proposed by a person under clause of Schedule 1. [17] The term "plan change" is found 111 clause 3.8 m Subpart 2 "Responsive Planning" of the NPS-UD and reads: 3.8 Unanticipated or out-of-sequence developments (1) This clause applies to a plan change that provides significant development capacity that is not otherwise enabled in a plan or is...

9. Clark v Trustees of Opehuia Whānau Trust - Kapenga A No 5 [2019] Māori Appellate Court MB 361 (2019 APPEAL 361) [pdf, 209 KB]

   ...Appellate Court MB 417 (2018 APPEAL 417) 3 2018 Māori Appellate Court MB 509 (2018 APPEAL 509) 2019 Māori Appellate Court MB 363 (c) The joint memorandum would seek directions for disposal of the appeal proceedings on the papers. [6] In response, on 17 January 2019, we issued directions confirming that the proposals were entirely suitable and requested confirmation that the appeal could now be concluded by consent. The directions were distributed to the parties on 20 Fe...

10. LCRO 236/2017 HC and CI v PR (10 December 2019) [pdf, 100 KB]

    ...complainants had a right to statutory compensation under the Act, but did not dismiss the possibility that the complainants may have an adequate remedy that it would be reasonable for them to exercise 1 PR, response to the application for review (January 2018) at [4]. 3 elsewhere. The complainants were not satisfied with the Committee’s decision and have applied for a review. Review on the papers [10] The parties have agreed...