Search Results

1. [2020] NZEnvC 156 Darby Planning Limited Partnership v Queenstown Lakes District Council.pdf [pdf, 833 KB]

   ...include the Modified Explanatory Text and report back when that is completed. For the court: J J M Hassan Environment Judge ENV-2018-CHC-056 ENV-2018-CHC-082 ENV-2018-CHC-084 ENV-2018-CHC-092 ENV-2018-CHC-093 ENV-2018-CHC-098 ENV-2018-CHC-101 ENV-2018-CHC-106 ENV-2018-CHC-119 ENV-2018-CHC-124 ENV-2018-CHC-126 ENV-2018-CHC-127 ENV-2018-CHC-131 ENV-2018-CHC-134 ENV-2018-CHC-137 ENV-2018-CHC-138 ENV-2018-CHC-146 4 SCHEDULE List of Appellants Upper Clutha Environm...

2. BORA Corrections Bill [pdf, 107 KB]

   ...illuminating and magnifying devices around – but not in - the anal and genital areas when performing a strip search (clause 91(4), the use of x-rays to facilitate searches (clause 99(9)), and the power to search visitors and staff (clauses 100, 101, and 102). 10. We have previously considered the issue of the enhanced procedures surrounding the use of illuminating and magnifying devices in association with searches of the anal and genital areas. We advised you on 15 February 2002 as f...

3. [2016] NZEmpC 159 Lumsden v Skycity Management Ltd [pdf, 101 KB]

   ...grievances, including by statutory mediation, is one of the Act’s ways of settling employment relationship problems so that such settlements and their binding effect do not amount to a contracting-out under s 238. That is arguably recognised in s 101(ab) which sets out, among the object of pt 9 of the Act, that it is “to recognise that employment relationship problems are more likely to be resolved quickly and successfully if the problems are first raised and discussed directly...

4. [2024] NZEnvC 164 Barbican Securities Ltd v Auckland Council [pdf, 162 KB]

   ...quantum of any award, the following factors are normally considered and given weight if they are present 2 Development Finance Corporation of New Zealand Ltd v Bielby [1991] 1 NZLR 587 (HC). 3 Goodwin v Wellington City Council [2021] NZEnvC 101 at [41]. 5 in the particular case: i. whether the arguments advanced by a party were without substance; ii. whether a party has not met procedural requirements or directions; iii. whether a party has conducted its case in a way th...

5. Clarke v Gray – Poukawa 9G and others (2013) 23 Takitimu MB 92 (23 TKT 92) [pdf, 168 KB]

   ...must be exceptional 8 Andrew Butler “Trustees and Beneficiaries” in Andrew Butler (ed) Equity and Trusts in New Zealand (2nd ed, Thomson Reuters, Wellington, 2009) 105 at 148. 23 Takitimu MB 101 circumstances to warrant such an action. There must also be a failure by the trustee to perform a duty owed to the beneficiary to protect the interests of the beneficiary.9 [38] However, it cannot be said there has been any such...

6. Forests (Legal Harvest Assurance) Amendment Bill [pdf, 149 KB]

   ...seizure is reasonable. In assessing whether this search power is reasonable, we have considered the place of the search, the degree of intrusiveness into privacy, and the reasons why it is necessary.7 4 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 5 Defined in s 2 of the principal Act as the Chief Executive of the Ministry for Primary Industries. 6 Above n1 at [162]. 7 At [172]. 19. Requiring a person to provide information serves th...

7. Popa v Canterbury University (Strike-Out Application) [2018] NZHRRT 1 [pdf, 255 KB]

   ...University on the basis of her race, colour or ethnic and national origins. The strike out application and affidavits in support [10] The University of Canterbury applies for an order that the proceedings be struck out on the following grounds: [10.1] Dr Popa has not formally applied for any job vacancies at the University. 3 [10.2] The Statement of Claim discloses no reasonably arguable cause of action as there is no indication or evidence that Dr Popa’s race, ethnic or n...

8. People charged and convicted of cannabis offences December 2022 [xlsx, 225 KB]

   ...proved 1 0 0 0 2 0 1 0 0 0 Bay of Plenty Ōpōtiki Not proved 2 3 0 3 1 3 4 1 1 1 Bay of Plenty Ōpōtiki Other 0 0 0 0 0 0 0 0 0 0 Bay of Plenty Ōpōtiki Total 32 24 30 15 24 24 22 16 3 6 Bay of Plenty Tauranga Convicted 230 190 153 122 129 120 104 108 101 85 Bay of Plenty Tauranga Other proved 18 15 11 16 10 9 11 13 13 5 Bay of Plenty Tauranga Not proved 21 10 10 15 13 18 20 9 11 5 Bay of Plenty Tauranga Other 0 0 0 0 0 1 0 1 0 1 Bay of Plenty Tauranga Total 269 215 174 153 152 148 1...

9. SL v MM LCRO 272 / 2011 (2 November 2012) [pdf, 58 KB]

   ...consideration was given as to how the Law Society could short circuit the process by communicating directly with the law firms. Whilst the situation may have been somewhat unusual, it seems to me that the Law Society did have power pursuant to section 101(3)(c) of the Law Practitioners Act 1982 to undertake direct enquiries to resolve the impasse that had developed. [14] Correspondence in a similar vein between the various parties continued through to September 2011. No further pr...

10. Nabi v Devi [2011] NZIACDT 21 (7 July 2011) [pdf, 74 KB]

    ...breached the requirements of the Code in relation to the contract on which she relied and the performance of her obligations. The positions of the parties [10] The Adviser has provided a written response to the minute, the main elements being: [10.1] The information before the Tribunal when the minute was issued had missing facts. [10.2] The Tribunal should not rely on the written agreement signed by the Complainant. It was a “generic version” which has since been updated. [10....