Search Results

1. [2012] NZEmpC 4 Haig v Edgewater Developers Ltd and Others [pdf, 127 KB]

   ...particular issues for decision now, I need to set out the flurry of events that began almost immediately after the end of the hearing on 10 September 2010 and continued, intensively, over following weeks. The defendants say that Mr Haig should not be permitted to rely upon those matters raised after the close of the interlocutory hearing. They explain, although only partly, the very regrettable delay in finalising this judgment. [15] The first event was the filing of a short mem...

2. [2020] NZEmpC 39 Metropolitan Glass & Glazing Ltd v Labour Inspector [pdf, 283 KB]

   ...Glass’s payroll system, each of its affected employees has entitled annual holidays calculated as at the nominated date. [43] Each affected employee can apply to take entitled annual holidays for the closedown period. [44] Metropolitan Glass permits its affected employees to take annual holidays on pay for the period of the closedown up to the employee’s annual holiday entitlement balance. [45] If there are any remaining entitled annual holidays at the end of the closedown...

3. [2018] NZEnvC 030 Auckland Council v London Pacific Family Trust [pdf, 7.4 MB]

   ...expressly allowed by a national environmental standard or a resource consent or is an existing use allowed by section 10 or section 20A of the Resource Management Act 1991 . C1.9. Infringements of standards (2) An activity that is classed as a permitted, controlled or restricted discretionary activity but that does not comply with one or more of the standards applying to that activity is a restricted discretionary activity unless otherwise specified by a rule applying to the parti...

4. Sharing information safely: Summary of feedback [pdf, 370 KB]

   ...agencies and social services practitioners (the sector) will be enabled to share information when it is safe and appropriate to do so. The Act provides clear authorisation for the sector to collect, use, request and share personal information for permitted purposes. It also clarifies that the sector has a duty to consider sharing if it may help protect a victim, or if it receives a request for information for a permitted purpose. Draft guidance on sharing personal information To as...

5. [2022] NZEnvC 084 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 570 KB]

   ...provision is as follows: 21.21.1.4 Cumulative effects … a. The outcome of an assessment of landscape capacity undertaken in accordance with SP 3.3.29 that is relevant to the proposal being considered; b. The contribution existing, consented or permitted development (including unimplemented but existing resource consents that are likely to be implemented) makes to landscape capacity; c. The effect the proposed development would have on landscape capacity. [80] The Anderson Ll...

6. [2010] NZEmpC 22 The Chief of Defence Force v Ross-Taylor [pdf, 55 KB]

   ...the supply of medical services” and the defendant is named as the consultant “who is employed in the independent professional capacity by the Crown to carry out the Services and includes their executors, administrators, legal successors and permitted assigns”. [9] The agreement states, at cl 2.2, that the consultant was an independent contractor and that “nothing in this agreement shall be deemed to create an employment, joint venture, partnership or agency relationship b...

7. ENVC Hearing 6Oct14 TGKL case law 2 Paku Bay [pdf, 142 KB]

   ...of the Act [46] The Environment Court noted that the construction and operation of a marina is a restricted discretionary activity in Tairua Marina Zone 1, and a discretionary activity in Zone 2. Other proposed activities were either discretionary, permitted, or non-complying. It held that the proposal should be assessed as a non-complying activity.23 [47] There was no challenge to this finding. [48] Section 104D(1) applies to resource consent applications for non-complying activities. It pr...

8. [2020] NZIACDT 48 - ED v Registrar (19 November 2020) [pdf, 242 KB]

   ...her. [43] It was noted by the Registrar that the Tribunal had previously drawn a line between clerical work and immigration advice.3 It appeared that the activities undertaken by Ms N fell under the definition of “clerical work” which was permitted to be undertaken by unlicensed individuals (matters such as collecting personal information and documents, sending invoices, forwarding letters from Immigration New Zealand, helping the appellant to open a bank account and the like...

9. Hawkes Bay Standards Committee v Hancock [2011] NZLCDT 39 [pdf, 221 KB]

   ...Charge 7 unsatisfactory conduct under s.12(a), (b) & (c) LCA: Charge 1 - Persistently Overdrawn Trust Account - Law Practitioners Act 1982 (“LPA”) Whilst in practice on his own account as a sole practitioner, prior to 1 August 2008, he permitted his firm’s accounts within the trust account to be overdrawn in a manner that was both persistent and substantial, and he was thereby in breach of s.89(1) LPA, Regulation 5(2) of the Solicitors’ Trust Account Regulations 1998 (“ST...

10. [2021] NZEnvC 056 Smith v Nelson City Council [pdf, 936 KB]

    ...drains on this lot. In the event that a subsoil drain is damaged it shall be repaired or replaced under the direction of a Chartered Professional Engineer practising In Geotechnlcal Engineering. (b) The owner of lot 88 DP380044 shall not undertake or permit any activity that obstructs or Interferes with the outlet of any subsoil drain. The Consent Notice shall be prepared by the Consent Holder's solicitor and submitted to the Council for approval and signing within six months followi...