Search Results

1. BORA Civil Defence Emergency Management Amendment Bill [pdf, 308 KB]

   ...new section impairs the rights no more than reasonably necessary as Recovery Managers may only require information ‘reasonably necessary’ for the purpose of the section. The section is additionally subject to provisions in the Act providing an appeals process, exempting personal medical or legally privileged information from mandatory disclose or seizure, and limiting the use of disclosed information to the purposes of the Act; [4] and • the limits are in proportion to the importan...

2. [2018] NZEmpC 12 McNabb v Silver Fern Farms Beef Ltd [pdf, 195 KB]

   ...Court may order the giving of security for costs if it considers that such an order is just in all the circumstances.9 [16] Overall, the Court needs to balance the interests of the plaintiff and the defendant in the exercise. As the Court of Appeal observed in McLachlan v MEL Network Ltd:10 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order for su...

3. ZYX v NorthAble Disability Services (Strike-Out Application) [2014] NZHRRT 30 [pdf, 47 KB]

   ...is frivolous or vexatious or is not made in good faith: (d) whether the person alleged to be aggrieved does not want any action taken or, as the case may be, continued: (e) whether there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be reasonable for the person alleged to be aggrieved to exercise. (3) Subsection (2) does not detract from the generali...

4. QA v IZ & Anor LCRO 219/2014 (31 March 2015) [pdf, 37 KB]

   ...imposes obligation on an applicant to file their application promptly. This is intended to ensure that the statutory objective of having complaints dealt with expeditiously is achieved. 4 Customs Appeal Authority No 29/208 (1999) 1 NZCC 51, 128 (CAA). 5 KX v WA LCRO 84/2012. 6 [33] The provisions of s 198 of the Act are stated in mandatory terms and there is no statutory discretion to ameliorate their harshness. I accept thi...

5. OL v EV LCRO 30/2013 (26 May 2014) [pdf, 113 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. 1 Standards Committee De...

6. INZ v BUH [2013] NZIACDT 45 (01 August 2013) [pdf, 86 KB]

   ...by the Registrar is that the adviser breached clause 2.2 of the Code. That provision prescribes a mechanism for licensed immigration advisers to deal with clients seeking to lodge unfounded applications. It provides: “If a proposed application, appeal, request or claim is vexatious or grossly unfounded (for example, it has no hope of success) a licensed immigration adviser must: a) encourage the client not to lodge it; and b) advise the client in writing that, in the adviser’s opi...

7. BORA Anti-Money Laundering and Countering Financing of Terrorism Amendment Bill [pdf, 192 KB]

   ...to assume” that the Commissioner of Inland Revenue was conducting a search, for the purposes of s 21, when requesting information from the New Zealand Stock Exchange under statutory authority. In R v Javid [2007] NZCA 232 at [45(a)], the Court of Appeal accepted that the obtaining of confidential information from a telecommunications company (text messages) by the police was properly seen as a search and seizure. 4 Section 6 of the Bill of Rights Act; Drew v Attorney-General [2002]...

8. [2018] NZEnvC 098 Panuku Development Auckland Limited [pdf, 215 KB]

   ...contentious; (e) It will be more efficient in terms of cost and time for all parties and interested persons to have the application referred directly to the Environment Court, as the matter may come before the Environment Court in any event through an appeal of any decisions made by the Council; and (f) Upon the further grounds contained in the affidavit of Matthew William Twose dated 25 June 2018. [3] We have considered earlier decisions of the Environment Court about applicati...

9. [2018] NZEnvC 073 Skyline Enterprises Limited v Queenstown Lakes District Council [pdf, 1.2 MB]

   ...helpful guide: (a) length of delay; (b) reasons for delay; (c) scheme of the Act relating to public participation ; (d) what has happened in the proceeding in the meantime; (e) what effect introducing new parties might have on progressing the appeal to resolution . [14] The s274 notice was filed four days late which is not excessively late in the absence of any party raising any issues of prejudice. Mr Walker does not give any compelling reasons for his delay. While there may...

10. Clarkson - Mangaraire B No 2 (2016) 55 Takitimu MB 161 (55 TKT 161) [pdf, 304 KB]

    ...section 165 of this Act, section 4A of the Maori Vested Lands Administration Act 1954, and section 10 of the Maori Reserved Land Act 1955. [15] A relevant authority is the Māori Appellate Court decision Phillips v Ashby – Oromahoe 17B2. 1 That appeal concerned a gifting of shares between siblings. It was argued by the appellant that tikanga Māori required the approval of the relevant hapū to any gifting of shares. [16] On that point the Appellate Court stated: [16] On...