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1. [2020] NZSSAA 22 (19 November 2020) [pdf, 170 KB]

   ...the opportunity in Sydney was the only chance of extending her life, it was appropriate to pay her benefit entitlement during her absence. 5 [15] The appellant’s mother said that the situation was not logical or fair because the permitted reasons for entitlement to a benefit during absence include participating in special Olympics, training a guide dog or attending a job interview, among other situations, but not medical treatment necessary to extend life. The ca...

2. Land Valuation Tribunal COVID 19 Protocol All traffic lights [pdf, 172 KB]

   ...in determining whether a matter is to be dealt with in whole or in part through remote participation is the known vaccination status of participants. Hygiene at hearings, mediations and expert conferences 10. The Tribunal will not normally permit documents to be handed up. Documents that parties wish to produce should be scanned and shared by email at the appropriate time. Expectations of parties and representatives 11. Parties and representatives are expected to assist the T...

3. [2014] NZEmpC 172 Bracewell v Richmond Services Ltd [pdf, 75 KB]

   ...category of orders the effect of not granting a stay will simply mean that the compliance order and the orders of injunction will remain in place until such time as the Court of Appeal may determine otherwise. On the other hand an order of stay would permit Ms Bracewell to utilise the confidential information. No proper reason has been advanced as to why she should be permitted to do so; the assertion that the decision of this Court is wrong is not a sufficient reason. Accordingl...

4. [2018] NZEnvC 040 Tasman District Council v Ashton [pdf, 376 KB]

   ...inoperative vehicles and vehicle parts, accumulated materials and refuse and the wooden plank fence. [7] The applications for enforcement orders were essentially based on two grounds: • Firstly, that the activities undertaken by the Ashtons breached permitted Activity Rule 17.6.2.1 (a)(i) of the Tasman District Plan (the Rule) in that they constituted an industrial activity being an activity which is not permitted on the Property without a resource consent; • Secondly, that...

5. BORA Waka Umanga (Māori Corporations) Bill [pdf, 328 KB]

   ...must be at least predominately Māori. Although the Bill draws a distinction on the basis of race it does not appear to create any disadvantage for Māori or non-Māori, and in our view does not discriminate on the basis of race. The Bill does not permit people under the age of 18 to be registered members of a waka umanga or to hold the office of Governor of a waka umanga (unless a waiver is granted). We note the responsibility for decision-making or holding office as Governor of an organ...

6. BORA Trans-Tasman Proceedings Bill [pdf, 298 KB]

   ...between jurisdictions such that any non-compliance must reach the threshold of “flagrant breach” before it unacceptably limits protected rights. The provision for non-enforcement of judgments on the ground of public policy, although limited, permits avoidance of such breach. Consequently, no inconsistency arises. 3.2 Similar issues arise in respect of powers conferred upon Australian court proceedings in respect of a remote appearance conducted from New Zealand, with specific p...

7. Auckland District Law Society v Dorbu [2009] NZLCDT 3 [pdf, 151 KB]

   ...contended. The terms of subs (2) are clear. At the point that the conclusion of sufficient gravity is reached, the Committee or District Council shall make a charge before the appropriate tribunal. This is language which does not permit of delay, at least beyond that which is reasonably necessary in the particular statutory context. The extent of any delay which may be appropriate will depend on the circumstances, including the number and complexity of the charges an...

8. Racing Industry Bill [pdf, 152 KB]

   ...the prosecution to prove an accused person’s guilt beyond reasonable doubt. 31. Clauses 79(2)(a) and 79(2)(b) of the Bill provide for strict liability offences if a member, officer, agent or employee of a racing club, or of TAB NZ, receives or permits to receive a bet by a person under 18 years, whether the bet is made by that person on their own behalf or on behalf of any other person. A person guilty for either offence is liable on conviction to a fine not exceeding $5,000. 32. S...

9. BS and NE v RB Ltd [2017] NZDT 1524 (26 April 2017) [pdf, 213 KB]

   ...Before the hearing commenced, BS, at that time the only applicant, indicated that NE should also be an applicant because the purchase had been a joint purchase. He indicated that he had been unclear at the time he filed the claim whether this was permitted. I confirmed that it was permitted and I have therefore added NE as an applicant today at the hearing. 4. The issues to be determined were as follows: a. Were there any misrepresentations about the car made to the buyers about...

10. [2015] NZSSAA 018, 16 March [pdf, 37 KB]

    ...received the payments of benefit in good faith; (d) the beneficiary changed his position believing he was entitled to receive the money; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [14] Pursuant to s 86(9B) of the Act the term “error” includes: (a) the provision of incorrect information by an officer of the Ministry; (b) an erroneous act or omission occurring during an investigation of benefit...