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1. EGX v BSL [2011] NZIACDT 17 (6 July 2011) [pdf, 75 KB]

   ...Complainant made. [9.3] There were aspects of the circumstances that made it implausible the Adviser had falsified records: [9.3.1] The Complainant contended he was told there was a sliding scale for fees and the fees depended on how long a visitor’s permit was to be granted for. That would be a surprising basis for setting fees as there would be no obvious difference in the amount of work required, at least generally. [9.3.2] The Adviser was the employee of an organisation providin...

2. BORA Education (Protecting Teacher Title) Amendment Bill [pdf, 284 KB]

   ...Education Act sets out the criteria for teacher registration, which includes a requirement to be satisfactorily trained to teach. 6. Clause 5 of the Bill replaces s 374(1)(b) of the Education Act to make it an offence for a person to use or permit to use, in connection with a person’s name or business, the word “teacher”, or any words or initials intended or likely to make any other person believe that the person is a qualified and registered teacher, when they are not so...

3. Karena v Steedman - Te Koau A (2019) 76 Tākitimu MB 183 (76 TKT 183) [pdf, 484 KB]

   ...Karena did not provide any detailed arguments in response on this issue. I apprehend that, at best, his submissions could be interpreted as making the point that he is entitled as an owner to bring applications to the Court for review which are permitted under the Act. The Law [33] Sections 98C and 98D were inserted into the Act in 2016 and are changes that give this Court boarder powers regarding proceedings that are without merit. It confers powers on a Judge to make a limited...

4. BORA Judicial Matters Bill [pdf, 309 KB]

   ...of Appeal. 11. To the extent that these clauses limit the ability of the press and members of the public to attend at, and report on, the proceedings of the Panel, s 14 NZBORA is engaged. In my view, however, the interference with free expression permitted by those clauses is reasonable for s 5 NZBORA purposes. First, clause 28(1) establishes as the guiding principle that "Every [Panel hearing] must be held in public", and implies that clause 28(2) (which allows hearings to be...

5. [2015] NZEmpC 91 Burrowes v Commissioner of Police [pdf, 94 KB]

   ...this matter I outlined the relevant principles for the making of orders for non-publication. I repeat what I then said: 4 [29] The principles relating to the making of orders for non-publication are well known. Clause 12(1) of Sch 3 of the Act permits orders of non- publication by the Court, and the applicable principles were recently considered by this Court in both the interlocutory and substantive judgments of H v A Limited. [30] As I stated in that case: The principles o...

6. [2023] NZEnvC 178 Waikato Regional Council v Rawhiti Environmental Park Limited [pdf, 229 KB]

   ...the equivalent effluent in accordance with any resource consent (maximum required under this condition being 250,000 litres per week); ii. spreading 400,000 litres of effluent on Rawhiti Environmental Park Limited’s farm (the home farm) as permitted by ground/weather conditions and nutrient loading rates; and iii. installing and transferring effluent to a flexi tank which will hold one million litres. 3. Pursuant to ss 320(1) and 314(1)(da) of the RMA, the Respondent is to...

7. [2014] NZEmpC 88 Mega Wreckers Limited v Taafuli [pdf, 72 KB]

   ...threshold at this early stage of the proceedings. 9 In my view, the present application satisfies that threshold test. [14] Having regard to all these matters, I am satisfied that the overall justice of the case requires that the applicant be permitted to proceed with its challenge to the Authority’s determination. The statement of claim filed as a draft on 5 February 2014 will be regarded as having been validly filed today. [15] For the reasons touched upon in [11] above, I...

8. Brown v REAA & Wealleans [2011] NZREADT 42 [pdf, 141 KB]

   ...look at the wording of the Act consider the Rules of Statutory Interpretation and the Interpretation Act and to determine from there whether the section excludes the charges. The amended charge provides “that Ms Brown as Principal Officer of CISL permitted CISL to market the property through its salesperson and/or its promotional and marketing materials in a manner which created the impression that CISL was acting in the complainant’s interest in the purchase of Apartment 931, 72-78 N...

9. [2017] NZEmpC 160 Prasad v LSG Sky Chefs (NZ) Ltd [pdf, 148 KB]

   ...providing a written request. [7] The Court has a discretion to grant access to court documents. In considering such a request, the Court must consider the nature of, and the reasons given for, the request. Access to court documents will only be permitted for a recognised and 3 Employment Relations Authority, s 214. 4 Section 218. legitimate purpose.5 The Court must also take into account the matters listed in r 12(a...

10. ORC - Summary of Evidence - Felicity Boyd - 9 November 2021 [pdf, 163 KB]

    ...which pose the most risk to the environment. 14 When preparing my second statement of evidence, it became apparent that there is one unresolved issue amongst the parties: whether discharges of small volumes of liquid animal effluent should be permitted. I consider that would be appropriate and have drafted a rule to this effect. That draft rule was circulated to the parties shortly before the hearing commencing and is outlined in my supplementary statement of evidence dated 9 N...