Search Results

1. Hearn v Parklane Investments Limited [pdf, 105 KB]

   ...“notice, demand, requisition of requirement” for the purposes of clause 6(1). It was therefore held that there was no breach of contract at this point. Secondly, the extent of repairs to the garage floor undertaken by the tenants indicated that a permit or building consent was required. The Morars were unaware that such repairs were undertaken until after such repairs had been done, and no such permit was obtained. The Tribunal therefore found that the Morars knew about the issues...

2. Appendix-13-Combined-Section-92-NOR-and-Resource-Consents.pdf [pdf, 771 KB]

   ...require DSIs for all identified pieces of land where the PSI cannot conclude that it is ‘highly unlikely that there will be a risk to human health if the change of use is made’ (Regulation 8(4) and/or that the soil disturbance component cannot meet permitted activity thresholds (Regulation 8(3))? 182. The PSI states that the risk screening system is based on the Ministry for the Environment (MfE) Contaminated Management Guideline No 3: ‘Risk Screening System’. 32 Could...

3. [2022] NZEmpC 42 TPT Forests Ltd v Penfold [pdf, 219 KB]

   ...the Court. The respondents say Mr Whale is an associated person [24] The respondents have protested about Mr Whale being appointed the IT expert to execute the search orders on the respondents. Rule 33.4(1) places restrictions on who may be a permitted person for the purposes of carrying out a search. It sets out that the permitted person identified must not include the applicant, or in the case of non-natural persons, any director, officer, employee, partner, or other person as...

4. BB v NC [2024] NZDT 127 (16 April 2024) [pdf, 204 KB]

   ...warranties upon which BB relies: first, that the vendor had no knowledge or notice of any fact which might result in proceedings being instituted by or against the vendor in respect of the property; and, second, that, where the vendor had caused or permitted any works to be done on the property, the works were completed in accordance with permits and consent and that the vendor was not aware of any reason that would prevent a building warrant of fitness being obtained. [7] BB moved into...

5. Gray v Ministry for Children (Strike-Out Application) [2018] NZHRRT 13 [pdf, 227 KB]

   ...develop, are that once a complaint to the Privacy Commissioner has been withdrawn and s 71(1)(d) applied by the Commissioner, the complaint is at an end. In addition, it would be contrary to the scheme and purpose of Part 8 of the Privacy Act to permit an individual, at his or her election, to bypass the Privacy Commissioner’s Part 8 complaints process and file proceedings directly with the Tribunal. The Part 8 provisions of the Privacy Act – text [12] The focus of the first ob...

6. [2012] NZEmpC 149 Edwards v 2 Degrees Mobile Ltd [pdf, 79 KB]

   ...that it allegedly agreed to provide him with three years’ notice of any termination. [11] Similarly, Mr O’Brien, on behalf of the plaintiff, took the opportunity to contend in his notice of opposition that the injunction should be varied to permit the plaintiff to return to work and not remain on garden leave. [12] I do not consider that the change of circumstances brought about by the plaintiff’s election to pursue the removal of his proceedings into the Court and the d...

7. Auckland Standards Committee 1 v Ms A [2023] NZLCDT 11 (27 April 2023) [pdf, 180 KB]

   ...disciplinary history. Like the s 242(1)(g) order, this is designed to protect her employers while she is receiving the supervision she requires and to protect the public. We found our jurisdiction to make this order under s 242(1)(h)(iii). That subsection permits conditions in relation to employment. By dealing with our concern to protect the public and future employers in this manner, we find ourselves freer to consider name suppression for Ms A. In part, this requirement ensures t...

8. [2023] NZEmpC 64 Whangamata Golf Club Inc v Harwood [pdf, 261 KB]

   ...duty imposed by or under the COVID-19 Public Health Response Act 2020 not to carry out work (however described) unless they are— (i) vaccinated; or (ii) required to undergo medical examination or testing for COVID-19; or (iii) otherwise permitted to perform the work under a COVID- 19 order: (b) an employee whose employer has determined the employee must be vaccinated to carry out the work of the employee. (2) For the purposes of subclause (1)(b), the employer must give the...

9. Brown v New Zealand Post Ltd (Strike Out) [2024] NZHRRT 21 [pdf, 207 KB]

   ...or prolix.8 A statement of claim must be accurate, clear and intelligible, and must provide sufficient particulars to enable the defendant to be fairly informed of the case to be met. Due allowance may be made for lay litigants, but they are not permitted to file incomprehensive claims if that causes prejudice and injustice to the defendant and significant inconvenience for the Tribunal.9 [9] The jurisdiction to strike out a proceeding as an abuse of process includes where there has...

10. Regulatory Impact Statement Privacy Act 1993 Information Sharing Amendments [pdf, 100 KB]

    ...are therefore open to differing interpretations. This has sometimes led to disagreements between agencies about when information sharing is permissible. There are also views that the Privacy Act makes sharing information inefficient or does not permit enough information to be shared in justifiable cases. 4 Agencies need greater certainty. 5 Non-legislative factors also contribute to concerns about the status quo. For example, codes of ethics or professional standards may be develo...