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1. ENV-2016-AKL-000TBA Wallace Group Limited v Auckland Council [pdf, 2 MB]

   ...Porchester Road, triggers specific plan rules which impact upon 296 Porchester Road; (ii) Rule H17.6.0 Activities within 30m of a residential zone – activity status of identified activities located within 30 m of a residential zone changes from permitted to restricted discretionary; (iii) Rule H17.6.2. Height in relation to boundary – rule does not apply as between industrial zoned sites; (iv) Rule H17.6.4. Yards – buildings must be set back from a rear or side boundary...

2. BORA Prisoners’ and Victims’ Claims (Continuation and Reform) Amendment Bill [pdf, 425 KB]

   ...ordered that an award of damages be made free from attachment of unrelated civil debts,[26] and that Court has continued to describe any deduction or attachment as ‘incongruous’, the position is now settled that it is open to Convention states to permit such deductions.[27] The same broad conclusion may be drawn from dicta in New Zealand and other jurisdictions that damages awards under human rights instruments can properly be subjected to the same sorts of reasonable conditions and...

3. LCRO 25/2016 RZ v LB [pdf, 229 KB]

   ...processes”.5 An abuse arises when a proceeding is brought with an improper motive or to obtain a collateral advantage beyond that legitimately gained from a court proceeding.6 [40] Section 44 of the District Courts Act 1947 (then in force) permitted a judge to order a transfer to the High Court of a misfiled proceeding. However, it seems probable to me that a judge faced with proceedings for which there was a complete absence of District Court jurisdiction, and which was known...

4. 2017 NZSSAA 019 (1 May 2017) [pdf, 172 KB]

   ...employer, which casual work did not necessarily convey. [50] It would appear that the weekly period for calculation has been set mainly because Jobseeker Support is intended as short term support. Some of the benefits, where an annual allocation is permitted, appear to have regard to the irregularity of expenditure over longer periods. For example, dependent children have needs such as school uniforms and the like which require a wider consideration for an equitable outcome. In some...

5. Wanklyn - Estate of Ropata Wharetoetoe Rare (2004) 157 Gisborne MB 243 (157 GIS 243) [pdf, 2.7 MB]

   ...administration of estates applies to all estates. That law applies to Mr Rare's estate. Where there are issues concerning the interpretation of his will, it is for the High Court to determine and construe its meaning and effect, not this Court unless permitted to intervene pursuant to Part IV of Te Ture Whenua Maori Act 1993. Te Ture Whenua Maori Act 1993 recognises this in sections 101 and 102/93. These provisions provide: Minute Book: 157 GIS 251 101 General law to apply subj...

6. NZCASS in an international context: comparing the New Zealand Crime & Safety Survey with other international surveys [pdf, 253 KB]

   ...mode of delivery is typically dictated by practical, rather than methodological, considerations (eg, cost). However, different delivery modes are likely to give rise to slightly different results. It is commonly thought that face-to-face surveys permit the development of better rapport between the respondent and the interviewer and allow more prompting of respondents. This, in turn, improves their ability to recall victimisation events and provides a context in which they feel comfo...

7. Singh v Golian [2017] NZIACDT 14 (12 September 2017) [pdf, 189 KB]

   ...explain this approach as a device to avoid the complainant being deported while the complaint was pursued and an appeal that had at least some significant prospect of success. The appeal is founded on establishing humanitarian grounds for being permitted to remain in New Zealand. A successful appeal will usually result in the issue of a temporary visa, but there are other possibilities. The threshold to succeed in such an appeal is substantial. The adviser claimed that the consequ...

8. [2019] NZEmpC 141 Savage v Wai Shing Ltd [pdf, 484 KB]

   ...Section 127(1) provides for interim reinstatement pending the hearing of the personal grievance, and provides in s 127(6) for variation and recision of an interim order. Were Mr Savage to be dismissed without an order of the Authority or Court permitting such a step, there would be a breach of the sub-section, and of the interim reinstatement order. If s 127 were to be read so as to allow for termination of employment by a separate process from that to which the interim re...

9. BOAC v Auckland Council [2011] NZWHT Auckland 50-57 [pdf, 357 KB]

   ...24 Hudsons Building and Engineering Contracts, (11 th ed, 1995) at 4.072. Page | 24 [66] Delegation is of no avail to HTC in respect of failure to perform building work in accordance with the building permit. Mr Robertson referred me to the 1979 decision of Speight J in Callaghan v Robert Ronayne Limited.26 Speight J held in that decision that the building company could not avoid liability for the building work completed by its contrac

10. Consent Order ENV-2016-AKL-000194 Highgate Business Park Limited v Auckland Council [pdf, 1.4 MB]

    ...Resource Management Act 1991 the Council will give specific consideration to those persons listed in Rule C1.13(4). 154?6 Standards The standards applicable to the zone, overlays and Auckland-wide apply in this precinct. All activities listed as permitted or restricted discretionary in Tables 154?.4.1 and 154?.4.2 Activity tables must comply with the following standards. Development within sub-precincts A and B that does not comply with clauses 154?6.1 and 154?6.2 is a discretion...