Search Results

1. [2021] NZSSAA 12 (3 March 2021) [pdf, 154 KB]

   ...study, without further consideration. The fact she does meet the minimum requirement did not mean either the Chief Executive or this Authority should consider she is in her circumstances in a full-time course of study. The Chief Executive’s response [32] The Ministry of Social Development disagreed with the Authority’s indicative view essentially on a jurisdictional basis. The essential points being: [32.1] The Regulations are created under the authority of the Education...

2. Electoral-Amendment-Bill-Supplementary-Order-Paper-Final.pdf [pdf, 1 MB]

   ...207B if they can demonstrate they had a ‘reasonable excuse’ for non-compliance. This is consistent with the structure of other strict liability offences relating to the political donations regime in the Act. The party (party secretary) is not responsible for transactions for which they have no knowledge. 5 Electoral Act 1993, s 207N. Proa cti ve R ele as e I N C O N F I D E N C E 5 24 I also note the Independent Review of Electoral Law will be carrying out a...

3. Tom De Pelsemaeker - Statement of Supplementary Evidence in relation to pORPS (14 July 2021) [pdf, 188 KB]

   ...enhancing environmental and community resilience by identifying and recognising climate change impacts, providing for activities that reduce human impacts on the environment and reduce the risk and impacts of climate change, and facilitating planning responses that allow communities to adapt to and mitigate the effects of climate change (IM – P8 to P12). ISSUE 5: To what extent is PC7 consistent with policy direction in the pORPS for HEG activities and climate change? 19 In m...

4. [2021] NZIACDT 23 - CL v Khetarpal (24 September 2021) [pdf, 228 KB]

   ...dishonesty is at the serious end of the wrongdoing spectrum. Often such a finding will lead to the practitioner being struck off. While this is a sanction of last resort and may adversely affect the practitioner, the Tribunal has a significant responsibility to uphold professional standards and mitigate risk to the public. In recent decisions of the Tribunal where the adviser has chosen not to explain his or her conduct or apologise or express remorse, more severe sanctions have re...

5. Final Env-Reg-Report-2021-22 [pdf, 321 KB]

   ...commissioners to assist them in hearing and determining cases. The Court’s Judicial Resources Manager co-ordinates the Court’s sitting programme. This follows directions from the Chief Environment Court Judge who, pursuant to s 251(2) of RMA, is responsible for ensuring the orderly and expeditious discharge of the business of the Court. 1.4 The Court’s jurisdiction The Environment Court is a specialist court of record established under section 247 of the RMA. It’s...

6. Final Env-Reg-Report-2020-21 [pdf, 274 KB]

   ...determining cases. The Court’s Judicial Resources Manager co-ordinates the Court’s sitting programme. This follows directions from the Chief Environment Court Judge who, pursuant to s 251(2) of the Resource Management Act 1991 (RMA), is responsible for ensuring the orderly and expeditious discharge of the business of the Court. 1.4 The Court’s jurisdiction The Environment Court is a specialist court of record established under section 247 of the RMA. It’s the prima...

7. [2024] NZEnvC 157 Barraclough v Gisborne District Council [pdf, 286 KB]

   ...award of costs higher than the standard is appropriate. I will not award costs at the level sought by the Council as I consider that to be too high. Mr Barraclough was advised by counsel and other professionals, so to that extent had taken some responsibility in trying to deal with the situation in which he found himself. [58] As to Mr Rice’s argument that the Council’s costs related to other than attendances on the application for stay, I note that the invoices post-date the...

8. Watson v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 110 (2 July 2024) [pdf, 276 KB]

   ...treat his diagnosed CRPS. This was provided by the respondent as a direct result of this assessment however the cover letter was never sent. This important information has been omitted from the judgment. [iii] The treatment was approved and the responsibilities of the Corporation were met, in accordance with s 50. However, the Notice of Decision for cover was never provided to Ms Watson - a breach of s 64 of the AC Act 2001. The Judge was presented with all this evidence, but...

9. FD v B Ltd [2021] NZDT 1714 (23 December 2021) [pdf, 152 KB]

   ...omissions clause. e. The variations clause could not have been used because the way that clause is drafted it only applies to factors outside B Ltd’s control, such as subsequent price increases by suppliers. In this case the error was B Ltd’s responsibility and also its fault, and thus within B Ltd’s control. f. B Ltd sought agreement from FD for the increase, which she did not give. She indicated she would see if she could make an allowance for it but would not agree to any comm...

10. 2023-NZEnvC-168-Pascoe-v-Minister-for-Land-Information.pdf [pdf, 244 KB]

    ...not bring an impartial mind or would bring bias to the resolution of the questions to be decided, 3 so that they have no confidence in their ability to get a fair hearing or due process. The Crown says by a memorandum dated 7 July 2023 in response: (a) it is not correct that because an Environment Judge has heard and determined a designation and resource consent matter, that Judge is precluded from hearing and determining an objection under the Public Works Act 1981 (PWA)...