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1. Heath v Auckland Council [2012] NZWHT Auckland 20 [pdf, 193 KB]

   ...degree of expert oversight rather than expect every small owner to take full responsibility and engage an expert adviser". (at page 525, lines 17-27). [82] To give the clause a wide meaning would result in a person who, whilst as owner is protected by “Hamlin”, as vendor becomes potentially liable for any building faults. It would expose the vendor to the very risk which the Court of Appeal held is totally inappropriate. [83] The interpretation which the claimants...

2. [2019] NZEmpC 46 Southern District Health Board v Glasson [pdf, 457 KB]

   ...resolved a brief review of the HPCAA is necessary, because of the way in which that Act regulates health practitioners. 4 Issued under s 21 of the HPCAA. [35] The purpose of the HPCAA is to protect the health and safety of the public by providing mechanisms to ensure health practitioners are competent and fit to practice their professions.5 The legislation was designed to provide for consistent accountability for all hea...

3. [2021] NZEnvC 162 Public and Population Health Unit of the Northland District Health Board v Northland Regional Council [pdf, 379 KB]

   ...C.6.5.2 Application of agrichemicals into water – permitted activity Equivalent changes to C.6.5.2 as above. Definitions Spray-sensitive area 1. residential buildings and associated garden areas, and 2. schools, hospital buildings and care facilities and grounds, and 3. amenity areas where people congregate including parks and reserves, and 4. community buildings and grounds, including places of worship and marae, and 5. certified organic farms, and 6. orchards, crops a...

4. [2018] NZEmpC 4 Ioan v Scott Technology NZ Ltd t/a Rocklabs [pdf, 340 KB]

   ...Ioan’s statement of problem did not mention a disadvantage grievance or any other grievance. It says its determination therefore resolved all issues before the Authority and so the matter before it was at an end. [7] Both counsel provided careful and thoughtful submissions. I found them very helpful and thank counsel for them. [8] For the reasons set out in this judgment, Rocklabs validly terminated Mr Ioan’s employment pursuant to s 67B of the Employment Relations Act 2000 (...

5. [2021] NZEnvC 162 Public and Population Health Unit of the Northland District Health Board v Northland Regional Council [pdf, 379 KB]

   ...C.6.5.2 Application of agrichemicals into water – permitted activity Equivalent changes to C.6.5.2 as above. Definitions Spray-sensitive area 1. residential buildings and associated garden areas, and 2. schools, hospital buildings and care facilities and grounds, and 3. amenity areas where people congregate including parks and reserves, and 4. community buildings and grounds, including places of worship and marae, and 5. certified organic farms, and 6. orchards, crops a...

6. [2020] NZIACDT 37 - TTD v Zheng (7 September 2020) [pdf, 282 KB]

   ...it, uphold it but take no further action or uphold it and impose one or more sanctions.4 [55] The sanctions that may be imposed by the Tribunal are set out in the Act.5 The focus of professional disciplinary proceedings is not punishment but the protection of the public.6 [56] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ...

7. [2018] NZEmpC 43 A Labour Inspector v Smiths City Group Ltd [pdf, 503 KB]

   ...conclude the meetings were, and are, an integral part of each attending sales person’s principal work. In reaching this conclusion, we have taken into account Steiner and King Packaging as examples only of how a factual inquiry may be undertaken. Care is required in considering them and subsequent American decisions, because they interpret and apply the Fair Labor Standards Act 1938 as amended by the Portal to Portal Act 1947.30 Applying the three factors from Idea Services [...

8. Proactive-release-Sentencing_Reinstating-three-strikes_Amendment-Bill.pdf [pdf, 788 KB]

   ...Cabinet paper: Sentencing and other Acts Amendment Bill: Approval for Introduction Briefing Ministry of Justice 30 May 2024 Some information has been withheld in accordance with the following sections of the OIA:  section 9(2)(a) to protect the privacy of natural persons, and  section 9(2)(g)(i) to maintain free and frank expression of opinions, and  section 9(2)(h) to maintain legal professional privilege. 2. Sentencing (Reinstating Three Strikes) Amendment Bil...

9. [2024] NZEmpC 157 Hall v Fire and Emergency New Zealand [pdf, 314 KB]

   ...[80] It then goes on to expand on these allegations. Paragraphs 55–61 [81] In relation to the wrong interpretation of the Vaccinations Order, the letter claimed that FENZ was not captured by the Order as it was not a health or disability care provider. It stated that it was therefore arguable that many, perhaps all, of the roles identified by FENZ as being covered, were not actually covered. 32 Creedy v Commissioner of Police, above n 6, at [29]–[30]. [82] While...

10. LCRO 25/2024 PG v WA (29 May 2024) [pdf, 204 KB]

    ...basis of all information available if the LCRO considers that the review 6 can be adequately determined in the absence of the parties. The applicant has agreed to that course of action and the respondent has not objected to it. [29] Having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that necessit...