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1. 2022-04-29 ORC PC1 - [2022] NZEnvC 69 - Scope Decision on Landfills [pdf, 335 KB]

   ...provisions agreed by the parties who attended mediation and an affidavit in support of Dolina Lily Lee, a senior analyst freshwater and land at the Regional Council.2 After a hearing on the papers, the court approved, pursuant to s149U(6) and cl10(1) to (3) of Schedule 1 of the Resource Management Act 1991, an amended version of PC1 as set out in ‘Annexure 1: Plan Change 1 (Dust Suppressants) Provisions’ to that decision. [3] Since then, the landfills provisions (PC1, Chapt...

2. E v D [2019] NZIACDT 2 (30 January 2019) [pdf, 185 KB]

   ...2 Immigration Advisers Licensing Act 2007, s 45(2) & (3). 3 Section 49(3) & (4). 4 Section 50. 5 Section 51(1). 6 Section 53(1). 7 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [101]–[102] & [112]. 12 [67] According to Ms D, the statement of complaint did not adequately represent the full facts. She was anxious about responding though, as a lot of her knowledge was second hand. She doubted her ability to

3. LCRO 13/2019 RA v LO (23 September 2019) [pdf, 146 KB]

   ...in protection order proceedings which provide assurances that a party will not act in a particular way, inevitably proceed from the starting point that the applicant bringing the application considers themselves to be in need of protection. [101] It may be that adding an introduction to the undertaking which acknowledged that Ms RA provided the undertaking with no admission of responsibility for the conduct alleged in Mr A’s application, may have made Ms RA feel more comfortable...

4. [2020] NZEmpC 64 Max Pennington Motors Ltd v A Labour Inspector [pdf, 253 KB]

   ...when commission was paid could be accurately predicted. It also meant that commission might be payable on a public holiday if the respective 4 GD (Tauranga) Ltd v Price and others [2019] NZEmpC 101. date when a sale became unconditional fell on a public holiday. If that was not the case, then ordinary salary without commission would be received by the salesperson for the public holiday in the usual way, with the payment bein...

5. Naidu v Devi [2014] NZIACDT 83 (15 September 2014) [pdf, 203 KB]

   ...standards of conduct are maintained in the occupation concerned.” [10] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [10.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [10.2] Demanding minimum standards of conduct: Dentice v Valuers Regist...

6. Te Runanga o Ngati Hine v Te Runanga a iwi o Ngapuhi [2013] Māori Appellate Court MB 89 (2013 APPEAL 89) [pdf, 148 KB]

   ...non-fisheries related matters or whether such actions will be ultra vires are separate issues for determination. We are not persuaded therefore that this ground of appeal can succeed. Second ground of appeal 2013 Māori Appellate Court MB 101 The Tūhoronuku Proposal [46] The appellant contended that the Mäori Land Court was wrong in fact and in law to conclude that even if Ngāti Hine’s right to withdraw was a withdrawal for all purposes and TRAION could be no longer s...

7. BORA Prisoners’ and Victims’ Claims (Continuation and Reform) Amendment Bill [pdf, 425 KB]

   ...remedy of last resort, but remain available when necessary to give the victim an effective remedy. 10. The deduction of debts due to the Crown (ie legal aid) and to compensate victims appears consistent with the right to an effective remedy: 10.1 Any impact upon the vindication and deterrence objectives of damages is marginal and does not meaningfully impair their effectiveness as a remedy. Because the Crown and victims may obtain some of the fruits of the prisoner’s damages a...

8. [2018] NZEnvC 248 Queenstown Airport Corporation Limited [pdf, 3.9 MB]

   ...Court for reconsideration. Advancing its case without sufficient regard to all the works enabled by the NOR, QAC would have caused RPL to incur unnecessary cost. [37] During the same hearing RPL sought: 14 [2014] NZEnvC 244 at [71]-[89] and [94]-[101]. 5 [2015] NZEnvC 222 at [258]. 0 ' [2015] NZEnvC 222 at [9] and [28] . z: a ... "h . ~ , ;~ -{f ~l' ._ ~",\ ~OUflT 01' "' ... / .. _------.. - 11 (a) a determination of the legal (interpret...

9. [2022] NZACC 129 – McInnes v ACC (4 July 2022) [pdf, 305 KB]

   ...on the balance of probabilities. [100] Accordingly, the appeal is allowed and the decision of the Corporation of 9 February 2018 declining to help with the costs of treatment and other supports for cardiovascular conditions is reversed. [101] Should there be any issue as to costs, the parties may file memoranda in respect thereof within one month. Judge C J McGuire District Court Judge Solicitors: Medico Law Limited, Grey Lynn for the respondent....

10. [2023] NZIACDT 13 - OT v Ramos (24 April 2023) [pdf, 174 KB]

    ...immediately. She had advised the complainant and met him. 8 Section 51(1). 9 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151]. 10 Z v Dental Complaints Assessment Committee, above n 9, at [97], [101]–[102] & [112]. 9 [45] As for the allegation of dishonesty in making the Ministerial request, she can recall distinctly talking to the complainant and his wife about this option in her office. He consented. She show...