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1. Director of Human Rights Proceedings v New Zealand Institute of Chartered Accountants [2015] NZHRRT 54 [pdf, 182 KB]

   ...inherent in the requirement that the evaluative material must be compiled: [100.1] solely [100.2] for the purpose of determining the suitability, eligibility, or qualifications of the individual to whom the evaluative or opinion material relates. [101] In our view the text does not require or permit a reading down of any of the three categories of employment or appointment to office, insurance and contracts, awards, scholarships, honours or other benefits. [102] This reading is rein...

2. Adoption-reform-Summary-of-engagement-2022.pdf [pdf, 499 KB]

   ...aren’t required to undergo counselling to access their original birth certificate, but counselling is available if requested. 100.4. An original birth certificate isn’t required to access adoption information held by Oranga Tamariki after 1986. 101. The discussion document did not set out specific options regarding vetoes but asked respondents if they supported vetoes continuing. 102. The question about access to adoption information attracted the highest number of responses i...

3. AU v Accident Compensation Corporation (Impairment Assessment) [2023] NZACC 182 [pdf, 419 KB]

   ...post-dates the WPI assessment carried out by Dr Armstrong of October/November 2020. Had it been available at the time of the WPI assessment, it is unlikely to have made any difference and it does not now establish any flaw in the WPI assessment. [101] Mr Durrant’s July 2022 diagnosis of “of the common extensor origin RIGHT elbow” post-dates the WPI assessment and the Review Decision. It does not establish any fundamental flaw in the WPI assessment. [102] Dr Newburn’s rep...

4. Taueki v Procter - Horowhenua 11 (Lake) (2021) 437 Aotea MB 86 (437 AOT 86) [pdf, 389 KB]

   ...since the conflict did not affect him as directly as Messrs Sword 18 For consideration of a fee for trustees for development, see Savage v Adlam – Lot 39A Sec 2A Parish of Matatā (2014) 95 Waiariki MB 176 (95 WAR 176) 437 Aotea MB 101 and Warrington. In any case, as I have approved the payments, then strictly speaking, there is nothing for them to be liable for in terms of any repayment. As to censure, that too has been considered in my earlier judgment as well as i...

5. [2016] NZEmpC 158 Kidd v Beaumont [pdf, 460 KB]

   ...$75. This represented, therefore, $25 for the Kidds for each day worked. Mr Kidd was an equal beneficiary in that sum, that is of a net $12.50 per day. So, for most four-day weeks, Mr Kidd himself received money or money’s- worth of $155. [101] Next is the nature of the enterprise for which Mr Kidd worked. This was not a charitable or community enterprise but was a private business which was an investment and income-producing vehicle for the Beaumonts’ Trust. It was purcha...

6. [2010] NZEmpC 84 Secretary for Justice v Dodd [pdf, 126 KB]

   ...for a relative, I do not think Ms Dodd could be condemned for the choice she made. That was not, the stark choice the plaintiff believed Ms Dodd to have made, however, and for which she was thought to have been beyond redemption. [101] There is another important factor that could not have been taken into account by Mr Hampton because of his failure or refusal to seek the views of other knowledgeable persons. Although, to someone in a main centre busy court or within...

7. [2015] NZEmpC 28 Stevens v Hapag-Lloyd (NZ) Ltd [pdf, 307 KB]

   ...during the course of the process. What is evident is that there was some change of representation. However, I am not persuaded on the basis of the material relied on by the defendant that this led to a discernible increase in its costs. [101] The investigation meeting was adjourned, on the plaintiff’s application, at a late stage. I accept that this would have increased HL Ltd’s costs because of wasted preparation time, and that a modest uplift is appropriate in the circums...

8. [2020] NZEnvC 186 Panuku Development Auckland Limited v Auckland Council [pdf, 3.1 MB]

   ...blasting" after "rock-breaking". Add "This offer shall remain open for acceptance until such time as all rock- breaking and blasting has been completed on the site". Construction Noise and Vibration Management Plan (CNVMP) [101] Our interim decision set out concerns about the approach to management plans in the set of conditions that was then in front of us. [102] Drawing from Summerset, 34 a decision dealing with consent conditions: As a general principle i...

9. [2024] NZEnvC 100 Merveber Limited v Auckland Council [pdf, 3.2 MB]

   ...features of the Kombi proposal could readily be replicated in other similar Business: Light Industrial Zone locations and the site in question had no distinguishing features that made it sufficiently unusual to avoid a precedent being set. [101] Although this application is in the context of a Mixed Rural Zone, we reach the same conclusion that there are no factors that are of particular distinction in this case from the neighbouring properties or in fact other properties within a...

10. [2015] NZSSAA 84 (13 November 2015) [pdf, 151 KB]

    ...for most of the month. We are in no doubt that there was no basis on which the appellant could be said to have had no money for food as at 2 February 2004. The food grant is to be made recoverable. 21 Food grant – 16 March 2005 [101] The appellant made an application for a food grant on 16 March 2005 and a grant of $105 was made. On 16 March 2005 the joint account had a credit balance of $665.74. The closing balance on 18 March was $1,655.75. At no point during the pr...