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1. [2023] NZEnvC 187 Schmuck v Northland Regional Council [pdf, 324 KB]

   ...Northland Regional Council (the Council) and Mr Schmuck against Mr Rashbrooke. Background Mr Schmuck owns and operates a small boatyard in Walls Bay, Opua, Bay of Islands. Part of the boatyard activity has occurred under various consents and permits in the Esplanade Reserve, which is between the boatyard and foreshore, as well as on the boatyard land itself. In September 2017, in anticipation of the expiry on 30 March 2018 of discharge consents under which the boatyard operate...

2. Government Response to Te Aka Matua o te Ture | Law Commission Report: The Use of DNA in Criminal Investigations | Te Whakamahi i te Ira Tangata i ngā Mātai Taihara [pdf, 825 KB]

   ...databank compulsion notice regime was extended to returning offenders.3 Developments in forensic science 15. Since the 1990’s, DNA technology has developed rapidly in ways that were not anticipated or provided for in the CIBS Act. As technology permits DNA to reveal more information from tiny traces, poor-quality or mixed samples,4 the regime becomes more intrusive, raising questions relating to the rule of law, privacy, human rights, and tikanga Māori. 16. The CIBS Act is no...

3. [2016] NZEmpC 137 Bennett and Others v Michaels and Others [pdf, 179 KB]

   ...abuse of rights, to which the International Court of Justice was referring in Case concerning Barcelona Traction, Light and Power Co Ltd (Belgium v Spain) (Second Phase) [1970] ICJ Rep 3 when it derived from municipal law a limited principle permitting the piercing of the corporate veil in cases of misuse, fraud, malfeasance or evasion of legal obligations …. [18] English law has no general doctrine of this kind. But it has a variety of specific principles which achieve the sam...

4. Adams v Accident Compensation Corporation [2015] NZACA 8 [pdf, 175 KB]

   ...whether to accept this late application to challenge the level of ERC paid. [32] If the agreement was to be regarded as having any relevance at all to his current claim, the existence of such a settlement could only be adverse to Mr Adams being permitted to proceed with further ERC claims (since the agreement is expressed to be in full and final settlement of all claims Mr Adams may then have had, in addition to those he had then already made). Furthermore, on the assumption that...

5. [2016] NZEmpC 19 O'Shea (Labour Inspector) v Pekanga O Te Awa Farms Ltd [pdf, 247 KB]

   ...the minimum rate of pay. The Authority noted that the failure to meet the MWA rate in this case was due to a mistaken belief that by paying a salary there would be compliance with the law; there was an erroneous understanding that averaging was permitted. [11] Next, the Authority concluded that the breaches of the public holiday provisions in the HA were also errors occasioned by ignorance of the law. However, the Authority considered that public holidays were relatively infrequen...

6. LCRO 109/2020 SV v FT (28 January 2021) [pdf, 198 KB]

   ...[99] The Committee clearly chose not to do so, and it provides explanation for why it elected not to do so at [5.3] of its decision where it noted that “there was some contributory behaviour on the part of the complainant in not providing (or not permitting his solicitor to provide) Mr FT with a copy of his late mother’s Will, or a copy of Probate”. 8 Regulation 32 of the Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008. 1...

7. [2019] NZEnvC 198 Banora v Auckland Council [pdf, 5.2 MB]

   ...Act 2004 and the Resource Management Act 1991 by the Council in respect of his construction of the retaining wall without consent; failing to comply with a notice to fix; undertaking earthworks in a manner that contravened the District Plan; and permitting a contravention of an Abatement Notice. In the District Court at Auckland, Judge Harland heard the matter and, following his guilty pleas, imposed total fines on Mr Sanora of $67,050. Mr Sanora took that sentence on appeal to the...

8. [2018] NZEnvC 010 David Mulholland Consulting Engineer Ltd v Whanganui District Council [pdf, 849 KB]

   ...retaining wall where Rule 11.5.1 is not complied with. d Network utilities involving excavation, trenching or construction of any structure or retaining wall where Rule 11.5.1 is not complied with. e. Any other activity which is not provided for as a permitted, controlled 13

9. [2022] NZEmpC 89 Bay of Plenty District Health Board v CultureSafe New Zealand Ltd [pdf, 299 KB]

   ...Authority Member had no power to restrict fundamental freedoms of speech, which was the effect of the directions that were made. In short, he asserts that the allegations brought against himself and Ms Shaw were all to do with things they were permitted to do by law. The DHB, he says, has not pleaded otherwise. [20] With regard to the DHB’s claim in contempt, he says the statements made in support of this claim bear no relation to the statutory provisions relating to conte...

10. FINAL-Summary-of-Consultation-Political-Donations.pdf [pdf, 1.4 MB]

    ...names, a declaration that donors have not made other 8 donations to the same party, and providing education to promote understanding of why anonymous donations are no longer allowed. One submitter observed that the current donations regime permits donations to be sent anonymously to the Electoral Commission, which then passes the donation on to the intended political party. The same submitter suggested that donations of any amount could potentially be allowed if channelled in an a...