Search Results

1. [2024] NZEmpC 200 Caleys Ltd v Deadman [pdf, 232 KB]

   ...could have been suffered. [49] Turning to consider Caleys’ other legitimate interests in incentivising Ms Deadman to work her notice period, the main problem with each of the interests identified is that they are of limited duration or were negligible in the circumstances. [50] Although business continuity is important, there is no indication that any extensive handover was required for her role in addition to the handover that occurred on 22 November 2022.24 The evide...

2. General Standards Committee 2 v Baker and Yoon [2019] NZLCDT 1 [pdf, 191 KB]

   ...on a number of occasions. 3. The PW and T trust ledger – although misuse of funds is not alleged in this matter, poor record keeping combined with a personal loan from the client, on a verbal authority only, is the subject of concern. 4. Negligence – Charge 2 relates to the inadequacy of the trust account records. The Standards Committee makes the point that the errors in this regard make proper oversight difficult to manage and thereby increases risk to clients. Young Yo...

3. COVID-19 Public Health Response Bill [pdf, 205 KB]

   ...movement and association. 14. An order may require any person or class of persons to report for a medical examination or testing, to refrain from participating in gatherings or associating with certain people. Orders also extend to premises, ships, vehicles, and animals. 15. Notably, the Bill explicitly provides that orders may not limit or affect the application of the Bill of Rights Act. Enforcement and non-compliance 16. The Bill provides for the enforcement of orders and conseque...

4. BORA Misuse of Drugs Amendment Bill [pdf, 171 KB]

   ...freedom in certain cases. On the facts, however, the Court did not accept that the reverse onus clause was rationally related to the objective of curbing drug trafficking, since the presumption of supply could be triggered by possession of a small or negligible quantity of narcotics. The section was thus over-inclusive and could lead to results in certain cases which would defy both rationality and fairness. 15. Bhulwana (cited above – Constitutional Court of South Africa): 15.1 On th...

5. AG v ZQ LCRO 204/2011 (14 February 2014) [pdf, 102 KB]

   ...adverse comment about the Practitioner, and if the Complainant had evidence that contradicted that given by the Practitioner, he had the opportunity to have presented it to the Court at that time. The regulatory processes should not be used as vehicle to revisit matters that have been the subject of the considerations of the Court. It is inappropriate to consider this complaint further. [31] However, it may be that the Complainant intended this complaint to relate to the Property L...

6. [2024] NZEnvC 209 Bettley-Stamef Partnership v Waikato District Council [pdf, 1.1 MB]

   ...is anticipated that each lot would have the ability to dispose of stormwater and wastewater on-site. In addition to the economic assessment, the transport assessment demonstrates that the impact of the proposal on the transport network will be negligible. Any development will require a resource consent, which provides the opportunity to further avoid, remedy or mitigate any adverse effects on the environment. 5 RMA s32(6) Section 6 There are no section 6 matters of relev...

7. [2023] NZEnvC 249 Bayswater Marina Berth-Holders Association Incorporated v Auckland Council [pdf, 3.9 MB]

   ...matter at this stage but notes that plan A filed as part of the agreement shows some public access. Given the fact that we have received no direct evidence on this, we are unable to comment further on their appropriateness in terms of public or vehicle access or otherwise. [8] The appeal filed in this matter was filed by Bayswater Community Committee Incorporated and appears to reflect broader concerns of those residents living in the area. The appeal was a general appeal seeking...

8. Briefing for incoming Minister 2017 - Votes Justice and Courts [pdf, 1 MB]

   ...made up of the Secretary for Justice, the Chief Executive of the Department of Corrections, the Commissioner of Police, the Solicitor-General and the Director of the Serious Fraud Office. It is chaired by the Secretary for Justice. The board is a vehicle to give effect to greater collaboration and whole- of-sector approaches. Supporting the operation of our government and democratic systems We support the whole of government to maintain public trust and confidence in the integrity...

9. [2024] NZEnvC 093 Ocean Dynamics Limited v Tauranga City Council [pdf, 349 KB]

   ...minimum must include: a. Details of local car parking areas, public transport routes and timetables, cycling / walking routes to the site and cycle parking that is provided on site; b. Measures proposed to avoid unnecessary traffic circulation and vehicle movements; c. Details of how traffic management information will be provided to visitors; and d. Details of the appointment a TMP Coordinator, who will be responsible for the implementation of the TMP and who will liaise with Counc...

10. [2020] NZEnvC 198 Lake Road Preservation Society Incorporated v Lake Road Quarry Limited [pdf, 801 KB]

    ...We also agree with the Applicant that any plant and machinery involved in the quarry activity should properly be removed. 7 [22] We wish to limit the enforcement orders in this way because there may be permitted activities in relation to vehicles such as trucks, tractors and the like which are permitted activities and are permitted irrespective of the quarry activity. We conclude the wording proposed is sufficiently clear in this regard and that general vehicles that are to be...