Search Results

1. [2024] NZEnvC 141 Van Den Brink Group v Waikato District Council [pdf, 401 KB]

   ...and Waipa River) in the Commercial zone (COMZ). Background [2] The original submission by the Appellant opposed COMZ-S61 relating to building setbacks from other zone boundaries. The equivalent notified rule provided that a building is a permitted activity if it is setback at least 7.5m from rear and side boundaries in the identified zones. The Appellant’s submission sought to reduce the setback to 3m. [3] Council submitted on a related rule, being COMZ-S72 which relates to...

2. [2006] NZEmpC AC 40/06 Saipe v Waitakere Enterprise Trust Board [pdf, 63 KB]

   ...defendant is reluctant to escalate the matter beyond the narrower issues the plaintiff, Mr Saipe, has notified. He added the reservation, however, that if the outcome of the present consideration by the Court is such that the defendant would not be permitted to lead evidence on the matters raised in the amended statement of defence, then the defendant might be left with no alternative but to seek leave to file a cross-notice raising a challenge de novo. For the reasons I am shortl...

3. Holmes v Commissioner of Police [2012] NZHRRT 17 [pdf, 80 KB]

   ...disclosure of the information would be likely— (a) ... (b) ... (c) to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; (d) … [18] As can be seen, s 27(1) permits an agency to refuse to disclose information if disclosure is “likely” to have any of the listed consequences. The standard of proof is not the balance of probabilities ie “more likely than not”. In this context “likel...

4. [2024] NZIACDT 23 - FM v Yang (03 September 2024) [pdf, 263 KB]

   ...writing to the client when applications have been lodged, and make on-going timely updates c. confirm in writing to the client the details of all material discussions with the client … [38] The essential issue in this case is whether Mr Yang has permitted an unlicensed agent to perform work required to be undertaken by the licensed adviser, a practice known as ‘rubber stamping’. [39] Only a licensed immigration adviser may undertake “immigration advice” work.10 The...

5. [2024] NZSSAA 11 (5 September 2024) [pdf, 288 KB]

   ...on the exercise of discretionary decisions relating to overpayments.19 At a broad level, the Van Kleef case discusses the quantum of adjustments, and takes the view that a beneficiary should not be disadvantaged. To the extent the legislation permits that outcome, we apply that principle. In the present case, its relevance is mainly that XXXX should not be in a worse position than if ACC had applied s 252 and paid the arrears to the extent of main benefits directly to the Ministry...

6. LCRO 94/2024 NS v WB (26 February 2025) [pdf, 173 KB]

   ...Complaints Service (NZLS) on 1 December 2023. The substance of his complaint was that: (a) he had been informed in June 2023, that the company records were in the possession of Mr WB; and 3 (b) he was advised by Mr WB that he would not be permitted access to the records; and (c) Mr WB, as a lawyer, should have been aware that the Companies Act allows opportunity for directors to have unfettered access to company records; and (d) further inquiry forwarded to Mr WB on 5 July 202...

7. [2025] NZEmpC 39 Alexander v Thorn [pdf, 185 KB]

   ...Greenback Ecommerce Ltd (Greenback), which has been liquidated, rather than an employee of Mr Thorn. On the other hand, the Authority concluded that Mr Thorn was involved in any breach relating to non-payment of the minimum wage and holiday pay and permitted Mr Alexander to continue his claim against Mr Thorn on those grounds. The Authority did not permit him to pursue his claims for unjustified dismissal and penalties. [3] Mr Alexander wishes to file a non de novo challenge in wh...

8. [2025] NZLVT 007 - Burney v Christchurch City Council (13 March 2025) [pdf, 287 KB]

   ...continued residential and commercial use of these properties, generally in accordance with the existing zoning, however, there are key differences, for example, and non-exclusively: (a) residential activities, excluding boarding houses, are only permitted on a site that was privately owned as at 12 October 2015; (b) additions to existing commercial buildings are limited; (c) activities ancillary to residential activities are only provided for on sites that were in private owners...

9. ENV-2016-AKL-000207 Mason v Auckland Council [pdf, 4.8 MB]

   ...above discussion on Objectives and Policies. Where they do cover such ground is because the rule Is question is worthy of review regardless of the outcome of the debate on Objectives and Policies. 5.1. Discretionary or Restricted Discretionary I Permitted Activities? By defining more activities as Permitted or Restricted Discretionary, Council provides residents with a greater certainty as to whether their proposal is acceptable. This will provide a significant Impetus for small-sca...

10. [2022] NZEnvC 227 Nga Kaitiaki O Te Awa O Ngaruroro [pdf, 1.1 MB]

    ...a water conservation order. No order shall affect or restrict any resource consent granted or any lawful use established in respect of the waterbody before the order is made.6 There are restrictions on the grant of water, coastal or discharge permits once a water conservation order is operative.7 2 RMA, s 199(2). 3 RMA, s 199(2)(a). 4 RMA, s 199(2)(b). 5 RMA, s 199(2)(c). 6 RMA, s 217(1). 7 RMA, s 217(2). 11 [13] The RMA provides that regional and district...