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1. Directory of Official Information G-I [pdf, 830 KB]

   ...established in March 2004 under the Gambling Act 2003. Functions and responsibilities The Commission is an independent statutory decision-making body established under the Gambling Act 2003. The Commission hears casino licensing applications and appeals on licensing and enforcement decisions made in relation to gaming machines and other non- casino gambling activities. The Gambling Commission has the powers of a Commission of Inquiry. Its functions are wide-ranging, and include the f...

2. [2018] NZEnvC 089 Auckland Council v Braines [pdf, 8.2 MB]

   ...[10] Mr Randall's detailed affidavit sets out the background of the Site and the activities on it in detail. This includes prior enforcement action taken by the Council in 2013 which led to an abatement notice and subsequent resolution of an appeal by Mr Braines against that notice by way of orders made in an oral determination of the Court dated 17 September 2013.1 In particular, Mr Randall draws attention to the fourth order which states: The two trailer homes will only be us...

3. [2007] NZEmpC WC 12B/07 Credit Consultants Debt Services NZ Ltd v Wilson & Anor [pdf, 108 KB]

   ...all the circumstances and therefore enforceable against him. Restraint of trade clause [45] The principles to be applied in assessing the reasonableness and therefore enforceability of a restraint of trade clause are well settled. The Court of Appeal has reiterated some of those principles in the context of employment law 3: • Covenants restricting the activities of employees after the termination of their employment as a matter of legal policy are regarded as unenforceable unl...

4. [2010] NZEmpC 11 NZ PSA v Secretary for Justice [pdf, 77 KB]

   ...bargaining; and (ii) communications or correspondence (between or on behalf of the parties before, during, or after negotiations) that relate to the bargaining [43] The leading case determining what is “bargaining” is the judgment of the Court of Appeal in Christchurch City Council v Southern Local Government Officers Union Inc.4 Although that case dealt with whether communications from an employer to employees represented by a union in collective bargaining amounted to the c...

5. [2019] NZEnvC170 Cable Bay Wines Limited and Motukaha Investments Limited v Auckland Council [pdf, 7.8 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Appearances: Decision No. [2019] NZEnvC l -=t-0 IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act CABLE BAY WINES LIMITED & MOTUKAHA INVESTMENTS LIMITED Appellants (ENV-2018-AKL-000010) AUCKLAND COUNCIL Respondent Principal Environment Judge L J Newhook Commissioner I M Buchanan Commissioner J A Hodges 29 and 30 Au...

6. [2021] NZEmpC 66 Smartlift Systems Ltd v Armstrong [pdf, 320 KB]

   ...Authority erred legally or factually in considering the adequacy of consultation. [25] The Authority reminded itself of two leading decisions as to redundancy. First, Grace Team Accounting Ltd v Brake.12 The Authority noted that the Court of Appeal found that if an employer could show a redundancy was genuine in that the notice and consultation requirements of s 4 of the Act had been duly complied with, that could be expected to go a long way towards satisfying the s 103A test....

7. [2022] NZEmpC 39 Malcolm v The Chief Executive of the Department of Corrections [pdf, 332 KB]

   ...the plaintiffs’ submissions opposing the application for strike out. 24 As confirmed in New Zealand Fire Service Commission v New Zealand Professional Firefighters’ Union Inc [2005] ERNZ 1053 (CA) at [13]. ... [65] The Court of Appeal in Attorney-General v Prince outlined the standard principles which apply to such an application:25 a) Pleaded facts, whether or not admitted, are assumed to be true. b) The cause of action or defence must be clearly untenable. c) Th...

8. 2021-07-23 ORC - Legal submissions regarding scope for relief sought by WISE Response.pdf [pdf, 215 KB]

   ...the submission was truly "on" the proposed change.12 Section 293 RMA 19 Section 293 of the RMA empowers the Court to direct changes to a proposed plan or plan which are not otherwise within its jurisdiction due to the scope of the appeal before it.13 20 The primary purpose of section 293 is to "provide the Court with a mechanism for expanding the nature and extent of the relief sought beyond the scope of the reference where appropriate".14 However, to do...

9. Te Manutukutuku issue 72 [pdf, 2.9 MB]

   ...district inquiries and on two urgent inquiries. Those were the Kiwifruit Marketing and Ngāti Maniapoto / Ngāti Tama Settlement Cross­Claims inquiries. Justice Joe Williams, the former Chair person of the Tribunal, was appointed to the Court of Appeal in December 2017. While he was the Chief Judge of the Māori Land Court, Justice Williams served as Deputy and Acting Chairperson from 1999 to 2004 and then as Chairperson up to his appointment to the High Court bench in 2008. ...

10. CAC 10026 v Dodd [2011] NZREADT 1 [pdf, 184 KB]

    ...continuing as a salesman. Traits such as dishonesty or gross incompetence may be within this category. Less culpable characteristics may well not.” (emphasis added) [87] In Niall v REINZ, High Court Auckland, 9 July 2009 Allan J was considering an appeal from an order cancelling the appellant‘s salespersons licence. Allan J referred to Sime v REINZ (supra) with approval and said: ―The Board does not appear to have considered Mr Niall‘s character as such. Rather it seems...