Search Results

1. [2023] NZEnvC 071 Fraser Auret Racing v Rangitikei District Council [pdf, 937 KB]

   ...would eventually manufach1re bio­ plastics. [5] Bio-Forestry was attracted to this site because of its close access to the NHv1T and to SH1 and SH-3. [6] The Plan Change as notified was to allow for the establishment of industrial activities as permitted activities subject to a range of environmental performance standards relating to the effects of noise, lighting, earthworks, storage areas and building height. Any non-compliance with an environmental building standard would hav...

2. [2023] NZEmpC 75 Te Whatu Ora Health New Zealand v New Zealand Nurses Organisation Inc [pdf, 266 KB]

   ...ground that the same principles apply to strikes. The section was discussed as follows:9 Section 84 provides exceptions to the otherwise more complex and technical requirements of legality of a lockout set out in ss83 and 86. In summary, s84 permits unions and employees to participate in a strike, and employers to participate in a lockout, if the relevant persons have reasonable grounds for believing that the strike or lockout is justified on the grounds of safety or health. Tw...

3. XL v FJ [2021] NZDT 1618 (22 June 2021) [pdf, 127 KB]

   ...has proved to the required standard. XL claims $6,500.00 from FJ, being either the cost of the rebuilding the engine of the [car], or a refund of the purchase price in return for him returning the [car] to FJ. As I explained at the hearing, I am not permitted by s35(1)(a) of the CCLA to cancel the contract, so the only remedy available is compensatory damages. 19. XL says that the engine of the [car] is likely to require an engine rebuild because the engine has overheated and there is...

4. 20240923-Sentencing-Reform-Amendment-Bill-and-District-Court-Judges-Amendment-Bill [pdf, 5.7 MB]

   ...exceptional cases. Sentences that are severe, disproportionate or manifestly excessive would not breach s 9, they must be grossly disproportionate and so severe as to "shock the national conscience" .21 If a court applies the discounts permitted under the Bill and reaches an end sentence that is so severe as to pass the s 9 threshold, it would interpret the exception consistently with the Bill of Rights Act and conclude that a sentence that results in a breach of s 9 would be m...

5. 20240923-Sentencing-Reform-Amendment-Bill.pdf [pdf, 5.7 MB]

   ...exceptional cases. Sentences that are severe, disproportionate or manifestly excessive would not breach s 9, they must be grossly disproportionate and so severe as to "shock the national conscience" .21 If a court applies the discounts permitted under the Bill and reaches an end sentence that is so severe as to pass the s 9 threshold, it would interpret the exception consistently with the Bill of Rights Act and conclude that a sentence that results in a breach of s 9 would be m...

6. Reti v Smith - Part Lot 7 Deposited Plan 3351 and Part Lot 8 Deposited Plan 3351 - Petane Marae (2024) 112 Tākitimu MB 261-277 (112 TKT 261) [pdf, 308 KB]

   ...per hour. She confirms that there was no contract between her and the trustees for this mahi. [39] This payment can be distinguished from the others for a number of reasons: (a) First, it relates to time spent on trust matters. Trustees are not permitted to be remunerated for their time, unless one of the limited exceptions applies. None of the exceptions apply to this payment. (b) Second, it is not clear how it relates to the Cyclone Gabrielle lump sum payment. Mary Spooner M...

7. 20241003 Mental Health Bill [pdf, 246 KB]

   ...Clause 44. interests of the patient. Where the therapy is to be given to a patient under the age of 18, the therapy is only reserved for those in the situations noted above.19 Power to sedate when sedation urgently required 35. Clause 184 permits a mental health practitioner or paramedic acting on request of the practitioner, upon the practitioner completing an urgent assessment under cl 183(1) and making an application required by cl 183(2),20 to urgently sedate the proposed...

8. [2024] NZEnvC 244 Bowkett v Whangarei District Council [pdf, 295 KB]

   ...temporary, and signalled that he was willing to remove the boxes within 12 months, to find an alternative long-term solution, and file any necessary resource consents; (b) arguments surrounding the potential legality of the stone boxes being permitted were removed from submissions during the hearing so not to waste the Court’s time. While Mr Bowkett conceded the part of the argument surrounding the stone boxes lawfulness, it was still a legitimate case to seek the exercise of th...

9. Julian v Inia - Succession to Moehuarahi Te Ruuri (2024) 322 Waiariki MB 32 (322 WAR 32) [pdf, 300 KB]

   ...been described in the case of Coleman v Chalklen [2016] NZHC 3178 as follows: There are exceptions to the general exclusionary rule. The exception which is applicable in this case is known as the “armchair principle”. The armchair principle permits a court to ascertain all the facts known to the will-maker at the time he or she made the will. The Court of Appeal reiterated the limits on the discretion in Williams v Aucutt [2000] 2 NZLR 479, (2000) 19 FRNZ 260 (CA) when Blanchar...

10. EU & SU v KC [2024] NZDT 615 (15 July 2024) [pdf, 128 KB]

    ...to secure the boundary the wall will need to be stepped in accordance with local council rules. Once the retaining wall has been built a 1.5m high wooden post, railing and paling fence is to be built as close to the top of the retaining wall as is permitted by the local Council rules. 3. The work must comply with all relevant local Council rules including regarding the provision of drainage behind the retaining wall and obtaining a building consent if required. 4. If the cost of t...