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  1. [2018] NZEnvC 247 Gisborne District Council v O'Connell & de Cent [pdf, 635 KB]

    ...Mr O'Connell being spoken to on at least 20 occasions regarding the situation, the issue of various infringement notices and an abatement notice, as well as correspondence from the Council lawyer. • The Council referred to threatening responses from Mr O'Connell and temporary "falling into line" before reverting to the previous status quo; • The Council said it had exhausted all other options; • The Council referred to the Respondents' refusal to mea...

  2. Moore - Waitara East Section 81 B [2018] Chief Judge's MB 842 (2018 CJ 842) [pdf, 226 KB]

    ...Moore’s and Tito’s, as the trust membership list excluded them along with various other eligible owners. [7] On 8 May 2018, the Registrar responded to Mr Moore by email to request further information as required by r 8.2. The Court received no response from Mr Moore. [8] On 20 July 2018, the Registrar again asked for further information, specifically that the applicant clearly set out the order that was sought to be cancelled or amended. Mr Moore filed further information with...

  3. Waitangi Tribunal COVID-19 Level 2 protocol (3 September 2020) [pdf, 149 KB]

    ...appropriate. ii. Limiting the number of witnesses via the use of agreed facts. c. Raising any deficiencies with cleaning, the availability of cleaning supplies or physical distancing with the site manager immediately. Community transmission response 30. At Alert Level 2, it remains possible that a new cluster of Covid-19 community transmission may be confirmed within a location served by the Tribunal. In that event the Tribunal will rely on official advice. Steps may be taken to...

  4. Waitangi Tribunal COVID-19 Level 2 Protocol (3 September 2020) [pdf, 149 KB]

    ...appropriate. ii. Limiting the number of witnesses via the use of agreed facts. c. Raising any deficiencies with cleaning, the availability of cleaning supplies or physical distancing with the site manager immediately. Community transmission response 30. At Alert Level 2, it remains possible that a new cluster of Covid-19 community transmission may be confirmed within a location served by the Tribunal. In that event the Tribunal will rely on official advice. Steps may be taken to...

  5. BORA Maritime Transport Amendment Bill [pdf, 185 KB]

    ...require the worker’s consent. 5 If a worker refuses to consent, or if he or she fails the test, the DAMP operator must stand the worker down from performing safety-sensitive activities until they are able to perform them safely, and implement the response plan in the DAMP. Is the Bill of Rights Act engaged? 9. The Bill of Rights Act applies to actions done by the legislative, executive or judicial branches of government, or by any person or body performing a public function, power...

  6. Dassanayake v Manukau City Council [2010] NZWHT Auckland 18 [pdf, 96 KB]

    ...constitutes bad faith and, or in the alternative, allegations were made without substantial merit. [10] On 18 June last, counsel for the claimants filed a memorandum responding to the application from Council to an order for costs. Such response submit that the claimants have not acted in bad faith in respect of their conduct of proceedings filed at the Tribunal in relation to the concurrent filing of District Court proceedings; and, that the claimants’ allegations in it...

  7. Thomas v Ministry of Social Development (Strike-Out Application) [2019] NZHRRT 39 [pdf, 234 KB]

    ...investigation relates of: [11.5.1] The details of the complaint (if any) or, as the case may be, the subject- matter of the investigation; and [11.5.2] The right of that person to submit to the Commissioner, within a reasonable time, a written response in relation to the complaint, or as the case may be, the subject-matter of the investigation. … [13] As stated in [NKR] at [29], the critical and determinative point is whether the Commissioner complied with the mandatory duty in...

  8. Khan (Appeal) [2019] NZIACDT 43 (24 June 2019) [pdf, 147 KB]

    ...at 2.34 pm asking him to send the checklist as (verbatim) “client is getting panic”. [12] On the same day, at 2.57 pm, the adviser sent the cousin by email a checklist for an entrepreneur work visa. It was copied to Mr Khan. There was no response to this email. [13] Then on 5 October 2017, the adviser sent both Mr Khan and the cousin by email a form to complete. The adviser’s file discloses no response. [14] The signed service agreement and service acknowledgement was a...

  9. Waitangi Tribunal COVID-19 Level 2 Protocol (12 August 2020) [pdf, 146 KB]

    ...appropriate. ii. Limiting the number of witnesses via the use of agreed facts. c. Raising any deficiencies with cleaning, the availability of cleaning supplies or physical distancing with the site manager immediately. Community transmission response 26. At Alert Level 2, it remains possible that a new cluster of Covid-19 community transmission may be confirmed within a location served by the Tribunal. In that event the Tribunal will rely on official advice. Steps may be taken to...

  10. Waitangi Tribunal COVID-19 Level 2 Protocol (3 September 2020) [pdf, 149 KB]

    ...appropriate. ii. Limiting the number of witnesses via the use of agreed facts. c. Raising any deficiencies with cleaning, the availability of cleaning supplies or physical distancing with the site manager immediately. Community transmission response 30. At Alert Level 2, it remains possible that a new cluster of Covid-19 community transmission may be confirmed within a location served by the Tribunal. In that event the Tribunal will rely on official advice. Steps may be taken to...