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1. DG v NQ [2023] NZDT 139 (4 April 2023) [pdf, 185 KB]

   ...reimbursed for the cost of the electrical work that TF Ltd did in order to rectify NQ’s defective work. TF Ltd did not charge DG for plumbing but only for electrical work, CI0301_CIV_DCDT_Order Page 3 of 4 which NQ had not been legally permitted to do, and which he had done badly. DG was obliged, for obvious reasons of safety and legality, to ensure that a qualified electrician attended to the repairs. What sum should NQ pay? [17] I accept that it is not possible now to...

2. [2016] NZSSAA 004 (16 February 2016) [pdf, 53 KB]

   ...good faith; (d) the beneficiary changed his position believing he was entitled to receive the money and would not have to repay it; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [20] Pursuant to s 86(9B) of the Act, the term “error” includes: (a) the provision of incorrect information by an officer of the Ministry; (b) an erroneous act or omission occurring during an investigation of benefit en...

3. E37 Gemma Chuah - Stormwater - EIC - Council [pdf, 767 KB]

   ...proposed choice of stormwater management approach are appropriate in the circumstances; and ii. The proposal will not give rise to any of the effects listed in section 107(1) of the RMA (which places restrictions on the granting of certain discharge permits that would contravene sections 15 or 15A of the RMA). 6 CB142, page 3712, paragraph 4.34. 7 CB142, pages 3712 to 3713, as listed at paragraph 5.1. 1612 6 7.2...

4. Committee on the Elimination of All Forms of Racial Discrimination – concluding observations 15th-17th reports [pdf, 41 KB]

   ...the Child that limits access to publicly funded education and health services for undocumented children, and that it plans to amend its Immigration Act to eliminate the offence for education providers of enrolling children without the appropriate permit. It remains concerned however that under the new Immigration Bill, undocumented children will only be authorized to attend school provided they are not alone in New Zealand and their parents are taking steps to regularize their status (art...

5. MVDT Annual Report 2019-2020 [pdf, 381 KB]

   ...audiovisual technology In recent years, the Tribunal has routinely heard matters where at least one of the parties has participated by video link from a different location, which has made the Tribunal much more accessible for the parties. That approach is permitted under clause 8 of schedule 1 to the Motor Vehicle Sales Act 2003, which allows the Tribunal to conduct hearings by telephone, audiovisual link or other remote access facility if the adjudicator considers it appropriate and the...

6. [2021] NZEnvC 150 Waterfall Park Developments Limited v Queenstown Lakes District Council [pdf, 164 KB]

   ...sufficiently flagged in statements in that notice as to impacts on existing residents’ “sense of place”; (b) WPDL will have opportunity to file rebuttal evidence in response to any evidence filed by the Hadleys. Under s274, the Hadleys are not permitted to call evidence unless it is on matters within the scope of WPDL’s appeal. Hence, I find no prejudice arising from the potential for the Hadleys to call evidence along the lines indicated by their proposed new s274 notic...

7. [2023] NZEmpC 51 Halse v Employment Relations Authority [pdf, 209 KB]

   ...a breach of the Judicial Review Procedure Act 2016. Mr Halse also says that the initial proceedings in this case were an example of SLAPP (strategic lawsuit against public participation) litigation against him and that the courts should not be permitting it. [8] Te Whatu Ora opposes the application for a stay. It says that the proceedings to be brought in the Court of Appeal do not relate to the parties in these proceedings. It notes that these proceedings have not been appealed,...

8. Dotcom v Crown Law Office [2018] NZHRRT 7 [pdf, 944 KB]

   ...The primary issue before the Tribunal is whether Mr Dotcom has established there has been a consequent interference with his privacy as defined in PA, s 66 and in particular: [4.1] Whether the transfer of the requests to the Attorney-General was permitted by the transfer provisions in PA, s 39; and if it was [4.2] Whether, in terms of PA, s 66(2)(b), there was no proper basis for the decline decision. [5] In this decision we explain our reasons for finding the transfers were not p...

9. [2015] NZSSAA 50 (4 August 2015) [pdf, 35 KB]

   ...received the payments of benefit in good faith; (d) the beneficiary changed his position believing he was entitled to receive the money; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [9] Pursuant to s 86(9B) of the Act the term “error” includes: (a) the provision of incorrect information by an officer of the Ministry; (b) an erroneous act or omission occurring during an investigation of benefit...

10. Proactive release – Community Magistrates (Remuneration and Allowances) Order 2019 [pdf, 690 KB]

    ...Magistrate attending a seminar or course of training relevant to their jurisdiction and approved by the Chief District Court Judge, shall receive a full day’s fee for each day of the course or part thereof; 1.3 agreed that Community Magistrates should be permitted to claim reimbursement of actual and reasonable out-of-pocket medical expenses, when directly attributable to the discharge of their functions of a Community Magistrate, for a biennial eye test, an annual medical test and for...