Search Results

1. 2022-03-18 QLDC - Opening Submissions [PDF, 187 KB]

   ...specified in Schedule 1 to the ORPW, QLDC submits that Chapter 25 of the PDP does provide a framework that allows the values identified in the Schedule to be addressed by resource consents under Chapter 25 of the PDP. Most earthworks that do not meet the permitted standards fall for consideration as restricted discretionary activities. Section 25.7 of Chapter 25 lists the matters of discretion for the assessment of earthworks applications, and Section 25.8 lists associated assessment matt...

2. IH v DD Ltd [2021] NZDT 1624 (12 July 2021) [pdf, 187 KB]

   ...it would be more affordable for her because she could rent out downstairs. 7. CU denied that she mentioned this. He also denied that there were any unconsented works, relying on a Council letter dated 9 December 2020 that stated granny flats were permitted for the use of family members, and there were “no ongoing planning or compliance issues”. 8. However, the December Council letter noted that the downstairs area could not be rented separately. It also seemed to presume that the...

3. Wellington Standards Committee v Skagen [2014] NZLCDT 82 [pdf, 173 KB]

   ...Failing to act in a timely or competent manner; (iv) Failing to repay monies, and in the alternative; (v) Charging a grossly excessive fee. (This charge was abandoned at the hearing). 3 (c) The “Investigation Charges” (i) Failing to permit an investigator to examine accounts; (ii) Failing to produce records to an investigator. [2] The charges were laid as Misconduct pursuant to s 241(a) of the Lawyers and Conveyancers Act 2006 (“the Act”). The Committee has a...

4. [2023] NZEnvC 171 University of Otago v Dunedin City Council [pdf, 3.1 MB]

   ...zones (except SSYP); 2. major facility zones (except Ashburn Clinic, Campus, Mercy Hospital, Port, Wakari Hospital and Schools); 3. . . . , 4. Amend Appendix A6. Hazardous Substances Quantity Limits, A6.2 Group B, clause 4, as follows: 4. The permitted quantity limits apply per site, except for in the commercial and mixed use, Campus, and Industrial or Industrial Port zones, where the permitted quantity limits apply per hazardous sub-facility. Each hazardous sub-facility must be sep...

5. [2013] NZEmpC 225 Labour Inspector v Civic City Ltd [pdf, 77 KB]

   ...that the Court approve the expenditure by them on the preparation, collection and presentation of accounting evidence as now directed by the Court. This task probably does not fall within the ordinary course of business which the freezing orders permit to be paid for by the respondents. The Labour Inspector does not oppose such a provision. In these circumstances, the respondents are permitted to expend up to $5,000 (including GST) on the costs of preparation and presentation of...

6. CAC 10043 v Brooker [2012] NZREADT 23 [pdf, 112 KB]

   ...the charge needed to be proved in its current form as it was drafted and it could not be amended in this way. Both sides filed submissions on this point. [8] The Complaints Assessment Committee submitted that s 110 of the Real Estate Agents Act permitted the Tribunal to consider any charge and if satisfied that the charge has been proved find misconduct or unsatisfactory conduct. They submitted that in keeping with the public confidence aspect of the Act (s 3) this section permitted...

7. [2019] NZEmpC 63 Auckland Council v Drought [pdf, 279 KB]

   ...to strike out the challenge, Mr Drought relies on the High Court Rules 2016, r 15.1, which applies by virtue of the Employment Court Regulations 2000, reg 6(2)(a)(ii). [18] Under r 15.1, the Court may strike out all or part of a pleading if to permit it to continue would be an abuse of the process of the Court.2 If it strikes out a statement of claim, it may also dismiss the proceeding.3 [19] The label “abuse” is a technical one, not necessarily pejorative.4 An abuse of pro...

8. Brodav Ltd v Waters [pdf, 28 KB]

   ...the assessor’s report and generally to the same standard and extent as the work done on the Brodav house. Mr and Mrs Waters will obtain the necessary consents and obtain a code compliance certificate for the work undertaken. 7. A building permit to be applied for within two weeks. The remedial work to be completed within six weeks of issue of the building permit. 8. The Cook Family Trust is to pay against the first $5,000 of invoices received. 9. The Cook Family Trust to...

9. [2018] NZEmpC 92 Ovation v NZ Meat Workers & Related Trades Union [pdf, 295 KB]

   ...the nature of the case as distinguished from the mode in which it will be proved, to prevent surprise, to limit and define issues.3 [12] It is to be noted that the Court also emphasised there is a dividing line between “proper particulars (permitted) and probing for evidence (not permitted)”.4 3 Benge v Air New Zealand Ltd [2011] NZEmpC 26 at [16]. 4 At [18]. [13] Finally, I refer to the well-known dicta of the Court o...

10. [2010] NZEmpC 109 Rolling Thunder Motor Co Ltd v Kennedy [pdf, 34 KB]

    ...of claim. Somewhat surprisingly, there is no express allegation to that effect. There is however, an allegation in paragraph 9 of the statement of claim that the defendant proposed that some “employees” of the plaintiff, including her, be permitted to use the plaintiff’s BarterCard and that the plaintiff agreed to this. On its face, this allegation makes a direct connection between the employment relationship and the arrangement whereby the debt is alleged to have been occurr...