Search Results

1. [2020] NZSSAA 10 (17 March 2020) [pdf, 142 KB]

   ...[12] Clause 5 sets out the applicable principles: the applicant’s ability to meet the need from their own resources and the assistance that might be available to the applicant from other sources to meet the particular need. The principles also permit the Ministry to consider the extent to which the applicant has caused or contributed to the immediate need, or the situation that has given rise to the immediate need. [13] Clause 11.2 sets out eligibility criteria for a food grant...

2. 16.-James-Kendrick-Ngati-Kahungunu-Ki-Tamaki-Nui-a-Rua60182469.1.pdf [pdf, 216 KB]

   ...Partners to sustainably harvest resources. 22. As at the time of preparing this statement of evidence, there are three outstanding matters from the perspective of Ngāti Kahungunu that remain to be addressed. I provide further details below. Water permit application 23. The Transport Agency is preparing an application for consent to take water from the Manawatū River as part of an "enabling works" consent application. 24. Ngāti Kahungunu are concerned about one aspect...

3. Georgeson - Motueka 1 ML 15353 (2004) 25 Nelson 164 (25 N 164) [pdf, 1.4 MB]

   ...freehold land. Therefore, as stated in Re Cleave, the Court treats an application that could endanger the continued relationship of Maori with their ancestral land with grave concern and will only allow a status change to happen in the rare circumstances permitted by statute. The legislation only allows this Court to act inconsistently with the kaupapa of the Act if the Maori freehold status operates as a clear obstacle to the effective use of the land. Accordingly, for me to approve Mrs...

4. [2020] NZREADT 06 - Wheeler - Ruling (4 May 2020) [pdf, 313 KB]

   ...require an oral hearing on appeal in order to ‘get to the bottom’ of the issues”.5 The Court further noted that:6 …there may be cases where, in order to secure the objective or a just and effective right of appeal, the discretion to permit further evidence or carefully limited rights of cross-examination may be necessary and appropriate…The Court will be guided by the usual criteria of freshness, relevance and cogency. Material that would merely elaborate or improve upon...

5. EC COVID-19 Protocol - All Alert Levels 6 September 2021 [pdf, 160 KB]

   ...observed in the courtroom, and people present will be required to maintain one metre social distancing, with alternate seats in public galleries taped off. Hand sanitiser will be available for use in all courtrooms. 19. The Court will not normally permit documents to be handed up. Documents that parties wish to produce should be scanned and shared by email at the appropriate time. 20. The Ministry of Justice will continue to take steps to ensure the safety of those coming into cour...

6. Oji Fibre Solutions NZ Limited [pdf, 158 KB]

   ...to land use change (k) Through regulation of land use change under Policy 2 (c) and Rule 3.11.4.9, that the Decisions restrict land use flexibility in a manner that is inconsistent with Part 2 of the RMA; (l) That the Decisions, in finding that permitted farming activities (per rules 3.11.4.1, 2 and 3) will have a relatively low risk of more than minor discharges of the four contaminants, err by failing to apply a consistent, equitable approach to other land uses seeking to change...

7. Misuse of Drugs Amendment Bill [pdf, 151 KB]

   ...the purpose of possession is for supply.5 A threshold which is too low will impair the right greater than reasonably necessary, and risks breaking the rational link between the limit and the objective. 20. As noted above, the temporary drug orders permitted by this Bill will set the quantity for presumed supply at the default level of 56 grams or more. By way of comparison the next highest threshold, cannabis plant, is set at 28 grams (or 100 cigarettes containing the drug). While the B...

8. Lehmann v Accident Compensation Corporation (Claims Process) [2024] NZACC 108 (27 June 2024) [pdf, 212 KB]

   ...Lovatt) the Corporation’s response cannot be treated as a decision on the complaints. Having a permissible appeal process for a Code complaint to the District Court, that essentially meets a dead end, is ludicrous. No blanket legislation is permitted to outweigh or override the New Zealand Bill of Rights Act 1990. An appeal to the District Court should be permissible where, as here, the Corporation refuses to follow the directions of the Reviewer. It is up to the judiciary to...

9. S Ltd v CD & K Ltd [2023] NZDT 788 (5 November 2023) [pdf, 105 KB]

   ...service agent and it only went to S Ltd for “warranty work”. S Ltd agrees it had previously worked on this truck, and the truck had been the subject of prior warranty discussion with N Ltd. I do not however accept that those circumstances alone permit K Ltd to legally presume any work undertaken by S Ltd would necessarily be done under warranty cover, and without cost to K Ltd. Commercial entities are aware that warranties are subject to terms, and the arrangement for warranty cove...

10. UQ & XQ v B Ltd & BT [2023] NZDT 743 (8 December 2023) [pdf, 188 KB]

    ...card charges, or in other words are losses recoverable that may not be direct but are consequential and foreseeable? 5. When one person breaches their duty of care as a driver, they are liable for the costs of repair and other costs which are permitted to be claimed by the law of negligence. 6. The Applicants were charged an amount for the rental car while their car was being repaired. It took C Ltd an unusually long time to repair the vehicle. The Applicants insurance policy with...