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1. Allan v Christchurch City Council [pdf, 81 KB]

   ...Building consent [72] The claimants say the Council would not have or were unlikely to have consented to targeted repairs. The claimants rely on Mr Calvert’s 23 evidence where he said it was not possible to categorically state a building permit would be granted for targeted repairs until such time as the Council had seen the application and supporting documents. This is not an accurate summation of this evidence. [73] Mr Calvert, in his evidence gave the best articul...

2. BORA Equal Pay Amendment Bill [pdf, 291 KB]

   ...women and has been historically and/or is currently under-valued; c. enables employees to raise claims relating to sex discrimination in employment; d. sets out the process for resolving a pay equity claim that is simple and accessible; and e. permits the courts or Employment Relations Authority (‘the Authority’) to award an amount of back pay in a pay equity determination. Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of expression 8. Section 14...

3. [2022] NZEnvC 082 Ormiston Workshops Limited v Auckland Council [pdf, 571 KB]

   ...maintained, to the satisfaction of the Council. 28. The signs on the facades fronting Ormiston Road must be static, non-reflective and not illuminated. Any external lighting, such as spotlights, used to illuminate the signage must comply with permitted luminance levels as per Table 1 of the Auckland Council Signage Bylaw 2015. The lettering and messages must be in accordance with the “Advertising Signs and Road Safety; Design and Location Guidelines” of New Zealand Transport...

4. [2016] NZSSAA 110 (22 December 2016) [pdf, 112 KB]

   ...therefore included in their partner’s New Zealand Superannuation. (iii) Those whose partners are unlikely to qualify for New Zealand Superannuation in the near future. (iv) Those whose partners are present in New Zealand by virtue of a temporary permit in which case benefit recipients are entitled to receive only a single rate of benefit. [14] Where the overseas pensions of a couple are deducted from the married rate of benefit payable, no anomaly arises. [15] Where, however,...

5. [2018] NZEnvC 122 Lee Valley Limestone v Tasman District Council [pdf, 4.6 MB]

   ...referring to Dr Trevathan's EIC at para 62. Exhibit 8 produced by Mr Keyanonda. Exhibit 8 Recommendation. 9 with the quarry operation, measured at the notional boundary of potentially affected neighbouring residences. [27] Informed by Permitted Activity Noise Standards for the Rural 2 zone in the TRMP, the relevant New Zealand Standard (NZS6802:2008) and international guidelines, Dr Trevathan recommended post-construction phase noise levels at neighbouring dwellings of SO...

6. [2014] NZEmpC 206 Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [pdf, 230 KB]

   ...costs awarded by the Employment Relations Authority (the Authority) be paid to the defendant. [2] The plaintiff’s application seeks leave to amend the fourth amended statement of claim. The application asserts in summary: (a) He should be permitted to seek a penalty under s 149(4) of the Act, it being contended that a penalty is payable to the Court and not the plaintiff under s 136(1) of the Act. (b) Alternatively, it is asserted that the alleged breach by the defendant of...

7. [2024] NZEnvC 130 Yzendoorn v Hamilton City Council [pdf, 245 KB]

   ...Petersburg Drive, Flagstaff, Hamilton and to remove the container from the property. The appeal sought cancellation of the abatement notice on the basis that the shipping container qualifies as Public Art as defined in the District Plan and is a permitted activity, thus there is no breach that justifies the abatement notice. [2] On 13 October 2023, a stay of the abatement notice was granted pending the resolution of this appeal. [3] Following a hearing, the abatement notice was c...

8. Justice-Factsheet-for-claimant-funding-for-Tuapapa-Stage-v6.pdf [pdf, 334 KB]

   ...• Accommodation Flights: If there are no available seats on flights, we will let you know and you may wish to think about a different form of travel. Driving: We can make rental car bookings if the driver has a full license and is legally permitted to drive. The Ministry will not be liable for the costs of any damage caused or fines incurred during travel, including costs of any damage or fines involving use of rental cars. Taxi/Shuttles: We can also provide taxi chits and pr...

9. Partridge & Anor as Trustees for the Partridge Family Trust v McClune [pdf, 110 KB]

   ...landscaping work. However Mr Rooney submitted that even for this, the cause of action dated from when the plastering work was done, not from when the landscaping was complpleted. This is because the ground levels were as provided for in the building permit and the cause of action arose due to the plasterer’s work rather than the work of the landscapers. 12. The submissions made by the respondents relied on a number of leading cases including Hamilton City Council v Rogers (Hi...

10. MD v KC [2024] NZDT 41 (23 February 2024) [pdf, 227 KB]

    ...obviously required that it is not needed to be discussed, or if it is necessary to make the contract work, or if the law would require the implied term for other reasons. 8. In the circumstances where the landlord has made it clear that drug use is not permitted in his property, I consider it a reasonably implied term that a person who uses drugs in the property would be required to have a professional clean carried out to ensure there was no residue or similar remaining. 9. MD sa...