Search Results

1. 2021-11-30 ORC PC1 - [2021] NZEnvC 185 - Final Decision on Dust Suppressants [pdf, 328 KB]

   ...approach. [34] In making our decision we also accept that the plan change provisions are a step in the right direction under both the NPS-FM 2020 and the proposed Regional Policy Statement. 12 Outcome [35] Pursuant to s149U(6) and cl10(1) to (3) of Schedule 1 of the Resource Management Act 1991, the court’s decision on Plan Change 1 is to amend it as set out in ‘Annexure 1: Plan Change 1 (Dust Suppressants) Provisions’ attached to and forming part of this decisi...

2. LD Trust v CN LCRO 300/2013 (29 November 2016) [pdf, 236 KB]

   ...9.3 the Board of Trustees registered the changed deed as a deed of variation (the 2012 Trust Deed) and is now purporting to act in accordance with that trust deed which is, in fact, invalid. 10 The complainants seek the following relief: 10.1 directions to the Registrar of Incorporated Societies and Charitable Trusts and the Charities Registration Board to remove the entry of the 2012 Trust Deed; 10.2 a direction to the Trust’s auditors to finalise the Trust’s financial...

3. LCRO 187/2022 JP Limited v YG (6 June 2024) [pdf, 205 KB]

   ...description of JP’s complaints by [Law firm 1], when they say:6 This complaint has been ongoing for nearly 3 years, during which JP has continuously filed extraordinarily lengthy, verbose responses at every opportunity 4 Findings decision at [101]. 5 LCRO 254/2013. 6 Letter [Law firm 1] to LCRO (10 March 2023) at [6]. 9 including as part of this Review. Much of the content [of Mr LV’s submissions] is repetitive and contains unnecessary details which are, at times, compl...

4. [2023] NZEmpC 188 Edwards v Laybuy Holdings Ltd [pdf, 245 KB]

   ...“acceptance” have long-accepted legal meanings under contract law. Their use, in the context in which they appear in s 5 of the Act, also indicates that Parliament intended a contractual approach to the definition. 11 Legislation Act 2019, s 10(1). 12 Auckland Clerical and Office Staff Employees Industrial Union of Workers v Wilson [1980] ACJ 357 (AC). 13 At 358. 14 Tucker Wool Processors Ltd v Harrison [1999] 3 NZLR 576 (CA) at [39]. 15 See also AFFCO New Zealand L...

5. [2015] NZEmpC 225 Lumsden v Skycity Management Ltd [pdf, 206 KB]

   ...change would allow the Authority to dismiss frivolous or vexatious claims or defences of claims (or parts of a claim or a defence). This allows the Authority to dismiss cases with little or no merit…” 25 Employment Relations Act 2000, ss 101(a), 157(1). See also H v A Ltd [2014] NZEmpC 92, [2014] ERNZ 38 at [17]. Dunn accepted that the two provisions did not sit altogether comfortably, and that there may be room for argument about the interrelationship between them,...

6. Kong v Li [2015] NZIACDT 33 (23 March 2015) [pdf, 119 KB]

   ...Immigration New Zealand declined that application because he did not provide details of his partner when applying for the visitor visa. That is, the visitor visa application to which this complaint relates. [10] Mr Li accordingly submitted: [10.1] The agreement was completed and accepted appropriately; and [10.2] His practice provided no immigration advice to the complainant. Discussion The standard of proof [11] The Tribunal determines facts on the balance of probabilities; how...

7. LCRO 236/2020 TB - Application for review of a prosecutorial decision (13 December 2021) [pdf, 580 KB]

   ...standing as being unacceptable [pursuant to s 12(b) of the Act]; ii. that consists of a contravention of any provision of the Act or of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 [s 12(c) of the Act and rr 10 and 10.1 of the Rules]; iii. that would reasonably be regarded by lawyers of good standing as disgraceful or dishonourable [pursuant to s 7(1)(a)(i) of the Act]; iv. that consists of a wilful or reckless contravention of any provision of the...

8. [2018] NZEmpC 30 Lancom Technology Ltd v Forman and ors [pdf, 322 KB]

   ...the daily tariff the Authority identified here, would have amounted to $9,000. This meant that the Authority moved from a starting point of 35 Lancom (substantive determination), above n 2, at [101]. $9,000 payable by the defendants to Lancom, to Lancom paying $13,000 in costs to the defendants, a shift of $22,000. [59] Of course, Lancom could have simply accepted the Calderbank offer but that would not have given it con...

9. [2017] NZEmpC 12 Stormont v Peddle Thorp Aitken Ltd [pdf, 193 KB]

   ...promoting good faith behaviour, jurisdiction to determine them in such manner and to make such decisions and orders, not inconsistent with this or any other Act…, as in equity and good conscience it thinks fit.” See too s 221. See also s 101: “The object of this Part is — (a) to recognise that, in resolving employment relationship problems, access to both information and mediation services is more important than adherence to rigid formal procedures; …”. 14 Frankton...

10. Kapiti-Coast-District-Council-Cover-Letter-Form-7a-and-Form-18-20221101.pdf [pdf, 446 KB]

    ...The area of the proposed designation is shown on the plans included in Volume III of the documentation accompanying this notice of requirement. The notice of requirement applies to an area of land within the Kāpiti Coast District of approximately 101.92 hectares located generally between the northern boundary of the Kāpiti Coast District immediately to the east of existing State Highway 1 (SH1) and the northern extent of the Peka Peka to Ōtaki Expressway (PP2Ō) near Taylors Road on SH...