Search Results

1. NZBORA Advice Fuel Industry Amendment Bill [pdf, 248 KB]

   ...Bill’s objective. 1 The Supreme Court has held that an unreasonable search logically cannot be demonstrably justified under section 5 of the Bill of Rights Act and therefore the inquiry does not need to be undertaken (see Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [162] per Blanchard J). Rather, s 21 is self-limiting in that the assessment to be undertaken is whether the search power is reasonable. 2 Hansen v R [2007] NZSC 7, [2007] 3 NZLR 1. 14. The strict liability offe...

2. 2020-12-23 Willowridge MOC [pdf, 144 KB]

   ...274(1)(d). [3] At paragraph [5] of the Court minute it states: As the first instance decision-maker, the Environment Court is empowered to give a decision on the provisions and the matters raised in submissions (s 149U(6) and Schedule 1, cl 10(1)) The decisions must include the reasons for accepting or rejecting the submissions. Willowridge, however, is not a submitter. Does it not follow that there is no decision for the court to make? [4] It is understood this to mean, becaus...

3. Form CS28: Affidavit financial means their sources [pdf, 280 KB]

   ...59: 60: 61: 62: 63: 64: 65: 66: 67: 68: 69: 70: 71: 72: 73: 74: 75: 76: 77: 78: 79: 80: 81: 82: 83: 84: 85: 86: 87: 88: 89: 90: 91: 92: 93: 94: 95: 96: 97: 98: 99: 100: 101: 102: 103: 104: 105: 106: 107: 108: 109: 110: 111: 112: 113: 114: 115: 116: 117: 118: 119: 120: 121: 122: 123: 124: 125: 126: 127: 128: 129: 130: 131: 132: 133: 134: 135:...

4. Blyde v Eastside Medical Centre (Strike-Out Application) [2020] NZHRRT 12 [pdf, 96 KB]

   ...were not investigated by the Privacy Commissioner and there is no reasonably arguable cause of action. [10] The actions investigated by the Privacy Commissioner are detailed in the Certificate of Investigation dated 11 June 2018. They are: [10.1] Mr Blyde’s request for a copy of his file, which resulted in him receiving a file which he considered had an email missing. This was investigated under Rule 6 of the Health Information Privacy Code (‘HIPC’). 115A Tribunal may strike...

5. Affidavit in support of application for personal Order [pdf, 97 KB]

   ...personal order or a review of a personal order made on ……………………………… [date] for the person in respect of whom the application is made (“the person”) as ollows: f [set out specific order(s) required – see s.10(1) of the Protection of Personal and Property Rights Act 1988 (“the Act”)] 3 2. My relationship with the person is as follows: ………………………………………………………………….……………...

6. IU & TM v YZ [2022] NZDT 175 (21 September 2022) [pdf, 109 KB]

   ...to the Tribunal by the parties. Was there an agreement between the parties? 5. The Disputes Tribunal does not have jurisdiction to hear every claim that is filed. Its jurisdiction is limited by the Disputes Tribunal Act 1988. Under section 10(1) of this Act, the Tribunal only has power to hear claims founded on contract, or on tort if they relate to the loss or injury of any property or the recovery of any property. 6. In this case, there is no evidence of any negligence or d...

7. Auckland Standards Committee 1 v Chambers [2024] NZLCDT 39 (27 November 2024) [pdf, 73 KB]

   ...not wholly unconnected to regulated services.1 He should have known not to speak as he did. Therefore, we find his conduct amounts to reckless contravention of Rule 8 (the rule that specifies the duty to hold information confidential) and Rule 10.1 (because his comments fell short of the respect and courtesy he should have accorded to his former client).2 1 Section 7(1)(a)(ii) Lawyers and Conveyancers Act 2006 (LCA); Orlov v NZ Lawyers and Conveyancers Disciplinary Tribunal [2...

8. [2020] NZEmpC 29 Maharaja India Ltd v A Labour Inspector [pdf, 204 KB]

   ...Assignee has confirmed that he has not provided such a consent and does not intend to do so. 1 A Labour Inspector v Maharaja India Ltd [2019] NZERA 465 (Member Crichton). 2 Insolvency Act 2006, s 101. 3 Insolvency Act 2006, ss 3 and 117(4)(a)(iii). [7] Turning to the position of MIL, at the date of adjudication Mr Raizada was the sole director and shareholder of that company. A person who is an undischarged bankrupt is...

9. 4 July 2022 Remediation (NZ) Limited v Taranaki Regional Council [pdf, 160 KB]

   ...operation of Remediation (NZ) Limited's waste management facility Lodgement: ENV-2021-AKL-000059 Remediation (NZ) Limited v Taranaki Regional Council Initiator Remediation (NZ) Limited DeAnne Brabant, Brabant Law, Legal House, Level 7, 101 Lambton Quay, Wellington 6011 Initiator Remediation (NZ) Limited John Maassen, PO Box 5577, Wellington 6145 Initiator Remediation (NZ) Limited Rochelle Stevens, NO COUNSEL FIRM ADDRESS AVAILABLE FOR Nicholsons Respondent Taranaki Region...

10. BORA Health (Fluoridation of Drinking Water) Amendment Bill [pdf, 178 KB]

    ...effectiveness of fluoride for reducing dental decay, the number of people who will be 2 New Health New Zealand Inc v South Taranaki District Council [2014] NZHC 395 at [118]. 3 Ibid. 4 Ibid at [101] – [111]. affected by the decision to fluoridate or not fluoridate the drinking water, and whether the benefits of adding fluoride to the drinking water outweigh the financial costs. 13. For these reasons, we conclude that any li...