Search Results

1. [2020] NZEnvC 213 Federated Farners of New Zealand Incorporated v Bay of Plenty Regional Council [pdf, 3.6 MB]

   ...NESF19 and which he considered can be addressed in part now when finalising PC 10 without a Schedule 1 process in accordance with s 44A of the RMA. Specifically, he suggested: (a) adding an advice note that some changes in land use that would be permitted or require controlled or RDA activity consent under PC10 might require a discretionary consent under the NESF; (b) an amendment to Rule LR R13, which permits discharges from land uses where the land use is authorised under PC1 O...

2. [2023] NZEmpC 164 F & B Remuera Ltd v A Labour Inspector [pdf, 269 KB]

   ...Ltd, above n 1, at [27]. 17 At [20]. 18 At [27]. [43] The plaintiff stated that it does not have access to the records so that compliance with the Authority’s determination is impossible. Therefore, if the Labour Inspector is permitted to enforce the compliance order, they will not necessarily be in a position to obtain the records they seeks. Further, the plaintiff is not a natural person so it cannot be imprisoned pursuant to s 140(6)(c) of the Act. This means th...

3. [2021] NZEnvC 015 BWO Offshore Singapore PTE LTD v The Environmental Protection Authority [pdf, 3.8 MB]

   ...operators, and there is a legitimate expectation by companies that the ruling will endure unless there is a clear reason for departure. c) As noted in the decision it appears to be common ground that disconnection from anchor cables and the like is permitted, and thus it is only the abatement notices that prevented the FPSO from disconnecting and sailing away from the Tui Field. It is for these reasons that I consider the abatement notices imposed an unusual restriction on BW Offs...

4. COVID-19 Public Health Response Bill [pdf, 205 KB]

   ...public place) and require careful management in the public interest. This is in contrast to other breaches of an order that might occur in a private dwelling or marae, which have less significant social consequences, and where warrantless entry is not permitted. 61. Further to this, cl 17(4) – 17(6) require a constable to report each time a warrantless power is used and detail the nature of the circumstances. This safeguard provides a check on the use of the power. For these reasons,...

5. LCDT Annual Report 2020 [pdf, 708 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...

6. [2012] NZEmpC 143 George v Auckland Council [pdf, 131 KB]

   ...for relevant documents has been undertaken by AC and it has not been established that the exercise was undertaken on any false or mistaken basis. What Ms George wishes to undertake is a fishing expedition and the authorities in this area do not permit that approach. [26] With the exception of the purchase orders and account numbers and the newly requested BNZ documents, which counsel have agreed will be dealt with between them, Ms George has failed to establish that there are grou...

7. [2015] NZEmpC 121 Morgan Schofield v Transit Coachlines Ltd [pdf, 110 KB]

   ...11 Lesley Brown (ed.) Shorter Oxford English Dictionary (5 th ed, Oxford University Press Inc, New York, 2002) at 1564. 12 Flinders Ports Pty Ltd v Woolford [2013] SAIRC 45. 13 At [44]. Leave does not always involve a permitted absence. In the case of industrial regulation it may not only be the result of a contract but more usually it will be by the terms of an award or enterprise agreement. ... "Leave" in the context of industrial regulation i...

8. Committee on the Elimination of All Forms of Racial Discrimination – summary record 12th-14th reports (continued) [pdf, 125 KB]

   ...distributed in the meeting room in English only) contained encouraging information on the recognition of wider family structures in the reception of migrants belonging to the humanitarian category and on opportunities for those on temporary residence permits to gain permanent residence. He commended the fact that the admission of refugees was an ongoing humanitarian priority in New Zealand’s immigration policy, with a system based both on resettlement quotas and refugee status determina...

9. Wilton TRI-2021-100-002 Procedural Order 8 [pdf, 190 KB]

   ...case may be; and (b) in the case of civil proceedings that are brought against a person in relation to the issue of an energy work certificate, the date of the issue of the certificate. [49] It is also necessary to consider the jurisdiction to permit contribution claims under s 17(1)(c) of the Law Reform Act 1936: 17 Proceedings against, and contribution between, joint and several tortfeasors (1) Where damage is suffered by any person as a result of a tort (whether a crime or not...

10. VAB v Corrections [2022] NZHRRT 31 [pdf, 215 KB]

    ...Bakker, to Early Start. [12] The plaintiff seeks a declaration that Corrections interfered with his privacy, and an order restraining Corrections from continuing or repeating the interference with his privacy and from engaging in or causing or permitting others to engage in similar conduct. The plaintiff seeks $250,000 for damages for humiliation, loss of dignity and injury to his feelings. The plaintiff claims this disclosure significantly damaged his relationship with his partner a...