Search Results

1. [2019] NZEnvC 051 Ngati Whatua Orakei Whaia Maia Limited v Auckland Council [pdf, 3.7 MB]

   ...section 379 of the Act Hearing: Considered on the papers Date of Decision: ~ 1- #fI(f7t.. ZDIQ Date of Issue: 2 ~ (V>c;..rc h 2AJ 17 DECISION OF THE ENVIRONMENT COURT REGARDING COMMENCEMENT OF RESOURCE CONSENT A: Commencement of the Project permitted in accordance with the conditions attached to the Decision dated 31 January 2019 (LUC60318164) with the exception of parts of conditions 12 and 14 which parts are suspended in their operation and outlined in paragraph [18] of t...

2. LCRO 92/2021 AZ v BY (19 July 2021) [pdf, 134 KB]

   ...Resolution Service. [16] As part of the “very particular statutory process” of review under the Act, according to s 200 of the Act, this Office: must conduct any review with as little formality and technicality, and as much expedition, as is permitted by— (a) the requirements of this Act; and (b) a proper consideration of the review; and (c) the rules of natural justice. [17] It is not a function of this Office (or a Standards Committee) to resolve disputes over the int...

3. Committee on the Elimination of All Forms of Racial Discrimination – government report back on 15th-17th reports [pdf, 59 KB]

   ...protecting the Māori language as a national treasure. CERD/C/NZL/CO/17/Add.1 page 7 New Zealand response to the recommendation contained in paragraph 23 26. A child who is unlawfully in New Zealand (that is, who does not hold a permit to be in New Zealand) is not a person who can legally access education under section 6 of the Immigration Act 1987. Section 40 makes it an offence for a school knowingly to enrol a child who is not entitled to access education. The Im...

4. [2008] NZEmpC AC 15A/08 Potter v Australian Consolidated Press NZ Ltd [pdf, 29 KB]

   ...discussion but claimed the outcome of the discussion was different to how the defendant viewed the matter. The plaintiff was paid commission on Australian sales after the memorandum. He contended there was nothing in the employment agreement which permitted the defendant to change commission sales and that these could not be changed without the plaintiff’s consent. [16] Mr Alderslade relied on a provision in the employment agreement which allowed for commissions to be reviewed...

5. [2021] NZEmpC 58 Martin v Solar Bright Ltd (in liq) [pdf, 223 KB]

   ...The undesirability of a substantial waste of time and effort if it becomes a common practice to bring actions in two Courts involving substantially the same issues. (g) How far advanced the proceedings are in each Court. (h) Striving against permitting multiple proceedings in relation to similar issues. (i) Generally balancing the advantages and disadvantages to each party. (j) The public interest. [14] Those considerations that are relevant are discussed below. Which proceedi...

6. BORA Criminal Cases Review Commission Bill [pdf, 139 KB]

   ...person by: 10.3.1 requiring the person, by written notice, to appear before the Commission to be examined on oath or affirmation; 10.3.2 requiring the person, on appearing before the Commission, to answer questions on oath or affirmation; 10.3.3 permitting the person to give evidence by any other means approved by the Commission and requiring the person to verify that evidence on oath or affirmation. 11. Clauses 32 and 33 are subject to the requirements of clause 31(2)—the Commis...

7. Hunia v Fox - Kawerau A8D (2011) 45 Waiariki MB 32 (45 WAR 32) [pdf, 146 KB]

   ...addition, there is Ms Skerrett-White’s own claim for $336,000.00 for work undertaken on behalf of the trust. Once again in the absence of further evidence and submissions, it seems surprising that the other two responsible trustees would have permitted such expenditure without a guarantee as to where the money was to come from to meet those debts to say nothing of whether or not proper processes of tendering and the observance of conflict of interest rules had been followed. [20...

8. Nahu v Gorst - Whangawehi 1B3E (2006) 112 Wairoa MB 57 (112 WR 57) [pdf, 163 KB]

   ...does not rest with Mrs Gorst and it should be noted that if the trust had no power to receive this money, then Mr Te Nahu should not have used this money to pay for the legal opinion received by the trust. [19] Further Mrs Gorst or any trustee is permitted to question the actions or decisions of other trustees. Trustees need not act unanimously but can act by majority (s227/93). [20] Finally I wish to reiterate that notwithstanding that Ivlr Te Nahu was continually asked to point to...

9. Towler - Succession to Mona Towler (2021) 435 Aotea MB 37 (435 AOT 37) [pdf, 214 KB]

   ...four elder children from, it appears, attempting to disinter their father. There was some dispute as to who had the right as next of kin to dispose of the late Mr Towler’s remains and the local council appeared, at one point, to be preparing to permit the disinterment. Mr Mason pointed out that the deceased had been noted as the late Mr Towler’s next of kin and that a receipt purporting to demonstrate that one of the deceased’s children had paid the funeral expenses and was...

10. [2023] NZIACDT 23 – ED v Dai (11 August 2023) [pdf, 245 KB]

    ...account, made a health check appointment, booked a tourist trip and forwarded Immigration NZ’s letters to her. [43] It appeared to the Registrar that the activities undertaken by FN fell under the statutory definition of clerical work which was permitted to be undertaken by unlicensed individuals. Furthermore, FN had sought Mr Dai’s advice on immigration matters in relation to the application and had copied that advice to the complainant. 6 Complaint to Authority (12 October...