Search Results

1. [2017] NZEmpC 13 Lewis v Immigration Guru Ltd [pdf, 105 KB]

   ...the most significant factor is that the proposed challenge has little if any chance of success. While none of the other factors mitigate strongly against granting the extension of time sought, in my view it is not in the interests of justice to permit a party to prolong litigation without a real prospect of success. The application for extension of time is refused. [14] Applying those principles to the present case, the length of the delay was effectively one day although the appl...

2. [2020] NZEnvC 108 Terra NZ Group Limited v Auckland Council [pdf, 406 KB]

   ...approximately 440 metres of public road. These earthworks required resource consent under the then operative District and Regional Plans and under the proposed Auckland Unitary Plan (AUP) because that area and volume of earthworks exceeded the permitted standards in those plans. [4] The conditions attached to the resource consent referred to several plans and drawings, some of which were included. In particular, condition 6(c)(i) appeared to indicate a road formation width of 10 m...

3. [2017] NZEnvC 208 Chris Robertson and Sergio Salis v Dunedin City Council and Filleul Apartments JV Ltd [pdf, 2.6 MB]

   ...directions for evidence exchange were not met by the appellants and the engineer's evidence was late and a second engineer's conference was required; (vi) the arguments in relation to the need for a verandah on the street frontage and on the permitted baseline were technical and unmeritorious and failed . (d) all of the matters raised by appellants at Council level were again raised before the court, with the exception of traffic effects, and were again unsuccessful9....

4. Human v New Zealand Law Society [2022] NZLCDT 50 (22 December 2022) [pdf, 205 KB]

   ...there is a: “… responsibility of the Court and all who administer the examination system to give full weight to the clear public interest of ensuring that only those who have, inter alia, the requisite professional and competence should be permitted to go forth to the public as practitioners in the law. Members of the public must of necessity place considerable reliance upon the competence of persons who are duly admitted to practice in one or other of the branches of the legal p...

5. Borst v ACC [2012] NZACA 3 [pdf, 46 KB]

   ...through the submissions of counsel that it does not oppose the application, the extension is granted. [3] Applications for leave to appeal against the decisions of the Authority are made pursuant to s 111 of the Accident Compensation Act 1982, which permits the Authority to grant leave to appeal on a question of law or where in the Authority’s opinion the question involved in the appeal is one which by reason of its general or public importance or for any other reason ought to be subm...

6. BORA Smoke-free Environments (Controls and Enforcement) Amendment Bill [pdf, 338 KB]

   ...advertising the availability of tobacco • treats sales-outlet notices or signs that communicate information that is, or include, health or purchase age information or warnings as prohibited, unless those notices or signs are ones the Act requires or permits • facilitates the enforcement of prohibitions on distribution or supply of tobacco products free of charge or at a reduced charge, or with rewards, by providing that a term of such an arrangement has no effect if compliance with...

7. Te Manutukutuku Issue 26 [pdf, 3.1 MB]

   ...them (ell Second Schedule). Three former members are continuing to hear claims under that provision. The Tribunal has one full-time member. Most other members have other commitments but several would work full-time if the Tribunal's finances permitted . Appointments Members are appointed on the recommendation of the Minister of Maori Affairs after consultation with the Minister of Justice (s4(2}). In considering the suitability of persons for appointment it is required that the...

8. 2023-10-11-Rebuttal-Evidence-of-G-Eccles-Planning-Framework.pdf [pdf, 233 KB]

   ...forming part of the Outline Plan waiver sought by Waka Kotahi for establishment works (as is proposed by Waka Kotahi). 12. The macrocarpa trees in question have no protection under the Horowhenua District Plan and thus could be felled as a permitted activity, while the act of constructing a haul road (which in essence is a higher standard access track) would also be a permitted activity. In my view it is therefore inappropriate to require a management plan to be prepared for su...

9. Departmental Disclosure Statement: Canterbury Earthquakes Insurance Tribunal Bill [pdf, 313 KB]

   ...parties to the dispute where necessary for the fair and speedy resolution of a claim (clause 11). The tribunal must comply with the principles of natural justice when managing claims although this does not require it to allow the use of experts or permit cross-examination of a party or person (clause 20 and 37). Decisions of the tribunal can be appealed, on questions of fact and law, to the High Court, with leave of the High Court. Second and subsequent appeals can be made on questions...

10. Eichelbaum v CAC 303 & White [2016] NZREADT 30 [pdf, 134 KB]

    ...[2007] 18 PRNZ 760 at [21] Duffy J noted that: “There is always room for the special case where fresh evidence is admitted, even though it was reasonably available for the hearing at first instance. The discretionary power … is broad enough to permit a Court to allow such evidence to be adduced. Furthermore discretionary authority should never be fettered by fixed guidelines. But such exceptions should be rare …” 3.2 However, the Authority is concerned that, whatever eviden...