Search Results

1. 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...

2. [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...

3. [2011] NZEmpC 42 Tertiary Education Union v CEO Western Institute of Technology & Ors [pdf, 71 KB]

   ...the Court of Appeal) will be compromised, if not negated, by such single employer (seca) bargaining. They say that if they are successful on appeal, time, effort and money will have been wasted on seca bargaining as this Court’s judgment now permits. [4] The Union opposes the cessation of seca collective bargaining that it is now entitled to pursue with the individual defendants as a result of our judgment. The Union points out that one of the original defendants, the first def...

4. BORA Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill [pdf, 174 KB]

   ...protection of the environment and existing interests. It also includes a general duty for adverse effects to be avoided, remedied, or mitigated. 5. The Bill sets up a consent regime to regulate activities. Regulations may classify activities as permitted, discretionary, or prohibited. For discretionary activities, persons will need to apply for a marine consent. The Environmental Protection Authority (‘the EPA’) will be the decision-maker for all marine consents. An impact asses...

5. [2015] NZEmpC 30 Wills v Goodman Fielder NZ Ltd costs [pdf, 99 KB]

   ...[21] Here, the plaintiff made an offer which would have resulted in a payment that is significantly less than that ultimately awarded by the Court. The offer made was clear in its terms, and it was made in sufficient time prior to the hearing as to permit a careful evaluation by, and for, the defendant. The plaintiff is entitled to increased costs. [22] However, I do not consider that the rejection justifies an award of indemnity costs or an uplift of as much as 85 per cent. I...

6. Notes from Crown Maori Relations hui in Gisborne on 21 April 2018 [pdf, 423 KB]

   ...better support to continue doing their successful work as they are responsive to community needs and provide services within a Māori framework. • Minerals – a couple of participants congratulated the Government on restricting oil and gas permits but noted iwi are keen to work with the Government on the management of existing permits and there is still more to be done to reduce environmental impact in the region. • Environment – Some speakers identified that experiences wi...

7. Bahramitash v CAC 402 & Ritesh [2016] NZREADT 40 [pdf, 176 KB]

   ...of the substantive appeal are that the Committee’s decision was wrong and unfair, in that: (a) The process was unfair: the Committee made its finding on basis of his initial response to the complaint, whereas he should have been invited or permitted to address issues in investigator’s report, to respond to issues, and to present evidence in rebuttal. (b) The Committee’s findings and decision were not supported by the evidence, and the Committee drew erroneous conclusions....

8. BM & FM v O Ltd [2023] NZDT 735 (20 December 2023) [pdf, 173 KB]

   ...concluded that BM and FM are correct. W Ltd is a supplier of services to New Zealanders. It currently supplies an airline service flying New Zealanders from [City 3] internationally. That service is subject to New Zealand law. For example, W Ltd is not permitted to misrepresent the quality of that service under FTA provisions. The service is also subject to CGA provisions regarding care and skill and fitness for purpose. W Ltd is also providing a service to New Zealanders in supplyi...

9. Family-Court-Amendment-Rules-2022-Final.pdf [pdf, 314 KB]

   ...Rules were enacted to codify the use of electronic ways of working during the pandemic and ensure access to justice was maintained, by: 5.1 allowing documents to be filed electronically; 5.2 allowing documents to be served electronically; and 5.3 permitting registrars to electronically sign and seal orders. I propose making changes to the Family Court Rules to reinstate the use of electronic tools 6 The use of electronic tools during the pandemic was successful and improved access to ju...

10. 2021-03-16 ORC - MOC - expert conferencing [pdf, 147 KB]

    447585.29#5147225v1 IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under secti...