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1. [2024] NZEnvC 269 CSI Property Limited v Selwyn District Council [pdf, 12 MB]

   ...provide sufficient space to accommodate a limited extent of commercial activity and community activities, along with space to provide for their functional requirements, within a high-quality environment. Development within each centre is subject to a permitted maximum total of 450m2 gross floor area, beyond which an assessment of effects on the transport network and the role of the centre within the hierarchy of commercial centres is required. Development Caps and Sequencing Given...

2. Waikato Bay of Plenty Standards Committee 2 v Leach [2024] NZLCDT 19 (3 July 2024) [pdf, 271 KB]

   ...23 November 2018 the practitioner, or an employee of the practitioner at her direction, paid the filing fee of $700 to the [town] District Court. 2. The practitioner did not have a trust account and, in her practice as a barrister, she was not permitted to receive or hold money or other valuable property for or on behalf of another person, under r.14.2(e). 3. The receipt and holding of the filing fee paid to her by Ms H in the sum of $700 between 5 April and 23 November 2018 (or th...

3. [2024] NZEmpC 181 Ford v Henry Brown and Co Ltd [pdf, 233 KB]

   ...have been unlikely to have been intended by the parties. How would a prospective employee know what “may” be regarded as relevant to the employer and accordingly what they had to disclose? What of information that an employer is not lawfully permitted to ask about or rely on when making hiring decisions, but which the employer might regard as relevant? Would family commitments, health issues, an historic criminal conviction be relevant? [26] I have cross-checked the plain and...

4. [2024] NZEmpC 230 Pilgrim & Ors v The Attorney General & Ors [pdf, 237 KB]

   ...registered, there should be an uplift to reflect the GST component in respect of costs. A downward adjustment? [31] Issues arose before and during trial as to the nature and scope of the evidence.22 While a considerable amount of evidence was permitted to be put before the Court, some of which was on a provisional basis, various rulings record that issues as to potential costs implications would be addressed at the costs stage. [32] The Gloriavale defendants argue that the maj...

5. LCRO 36/2023 TL v RY and SK (4 July 2024) [pdf, 180 KB]

   ...(CA), Fletcher Moulton LJ was considering the power of the Court to strike out an action as vexatious and observed that: The Court has a right to stop an action at this stage if it is wantonly brought without the shadow of an excuse, so that to permit the action to go through its ordinary stages up to trial would be to allow the defendant to be vexed under the form of legal process when there could not at any stage be any doubt that the action was baseless. Importantly his honour did...

6. [2023] NZEmpC 140 Taniwha v Te Runanga O Toa Rangatira Inc [pdf, 261 KB]

   ...COVID-19 Public Health Response (Required Testing and Vaccinations) Amendment Order 2021, cl 9. [49] The third allegation concerned what he described as a unilateral variation of contract. He was raising a legal point as to whether the law permitted his employer to act as it did. The employer, in its letter of 11 November 2021, addressed the issue. It is apparent that the Rūnanga realised, from the communications of 10 November 2021, that Mr Taniwha was not accepting the...

7. [2022] NZEnvC 078 Whangarei District Council v Sustainable Solvents Groups Limited [pdf, 316 KB]

   ...Fourth, Fifth and Sixth Respondents would not have been able to comply with substantive orders requiring them to remove substances from the site as the First Respondent, through its director, Mr Smith advised the Court categorically they would not permit the Fourth, Fifth and Sixth Respondents to re-enter on the site. I have taken into account that the Fourth, Fifth and Sixth Respondents could not afford the bond requirement to cover the cost of the works in the event of failure...

8. Mr X v CAC10026 & Mr C [2012] NZREADT 42 [pdf, 151 KB]

   ...manager. With regard to first charge Ms Kidd then put it: “7. It is legally possible for a person to act as agent for more than one party to a particular transaction. The REINZ rules of practice in place at the time of the transaction in 2006 permitted a real estate agent to continue to act when there was a conflict of interest provided the member disclosed the conflict of interest to his or her clients: Rule 13.8 8. Mr C was clearly aware that the appellant acted for both t...

9. LCDT Annual Report 2022 [pdf, 435 KB]

   ...(of a procedural nature) can be considered by the Chair alone, and some of which require the convening of the full, or reduced number Tribunal. A reduced quorum, consisting of three members (Chair, one lay member and one lawyer member), is permitted under the Act to consider applications for Interim Suppression of Name and for Interim Suspension Orders. These provisions allow speedier consideration of such applications at a considerably reduced cost. At times, in order to a...

10. KXBK v GVH [2019] NZIACDT 74 (1 November 2019) [pdf, 195 KB]

    ...Immigration New Zealand declined the complainant’s work visa. He had not worked for more than five years in the South Island as the holder of an essential skills work visa. Furthermore, the employment agreement sent to Immigration New Zealand permitted the employer to reduce his hours below the minimum of 30 hours per week. [25] The complainant received an email from the adviser’s company on 10 August 2017 informing him that his application had been declined. [26] The advi...