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  1. Tan v New Zealand Police [2016] NZHRRT 32 [pdf, 327 KB]

    ...reasonably considers it necessary”. The Minister argued the word “necessary” should in that 15 context be interpreted to mean “expedient or desirable” while the respondents supported “indispensable, vital, essential”. The Court of Appeal took into account that the purpose of s 10 was to provide a safeguard against the exercise by the Minister of powers which carried significant consequences, including the overriding of normal processes, procedures and appeals under...

  2. ENVC combined interested party notices R to Y [pdf, 12 MB]

    ...8483 Fax/email: Nil Contract person: Jennifer TOKA 22 NOTE TO PERSON WISHING TO BE A PARTY You must lodge the original and 1 copy of this notice with the Environment Court within 15 working days after- the period for lodging a notice of appeal ends, if the proceedings are an appeal; or the decision to hold an inquiry, if the proceedings are an inquiry; or the proceedings are commenced, in any other case. Your right to be a party to the proceedings in the court may be limite...

  3. [2011] NZEmpC 37 Vice-Chancellor of Massey University v Wrigley and Kelly [pdf, 231 KB]

    ...the Authority have implicitly preferred the second of these two interpretations. In particular, he relied on the decision in Simpsons Farms Ltd v Aberhart, 6 where the Chief Judge adopted the consultation principles enunciated by the Court of Appeal in Wellington International Airport Ltd v Air New Zealand, 7 now strengthened and required by s 4 in redundancy cases. Mr Chemis relied, in particular, on the following two principles derived from Aberhart: Employees must know wha...

  4. Appendix-8_Peter-Stacey_s87F_198D-Report_Air_28-April-23.pdf [pdf, 354 KB]

    ...have more than 20 years of experience assessing air discharges from a wide range of activities. My work experience relevant to the applications includes: (a) Expert witness for Agrifeeds, Glencore and ADM NZ Limited (s127 parties) as part of an appeal to the Environment Court regarding Bay of Plenty Regional Council's Plan Change 13. As part of this project, I undertook an independent assessment of the dust effects from bulk handling of stock food material. This informatio...

  5. CAC 20006 v Azimi [2014] NZREADT 69 [pdf, 120 KB]

    ...submits that, if we accept that the factual allegations are proved, misconduct findings under s.73(a) must follow. Section 73(a) of the Act is set out above. [54] In Pillai v Messiter (No 2) (1989) 16 NSWLR 197 (NSWCA) the New South Wales Court of Appeal said of misconduct: "Professional misconduct does not arise where there is mere professional incompetence nor deficiencies in the practice of the profession by a practitioner. More is required. Such misconduct includes a delibe...

  6. Turner v Auckland Council [2012] NZWHT Auckland 36 [pdf, 327 KB]

    ...3 Above n 2. Page | 24 function the Council was entitled to assume that the building work would be carried out by competent builders and trades people.4 [78] The finding of Heath J in Sunset was upheld in the Court of Appeal. Baragwanath J agreed that although there were flaws in the plans and specifications, a reasonable builder would have access to manufacturer’s specifications and would be able to achieve a workmanlike result. He observed that no pur...

  7. Chapman v Western Bay of Plenty District Council [pdf, 364 KB]

    ...Fardell (as set out at [30]) has affirmed personal assumption of responsibility as a requirement of directors' personal liability in respect of a variety of duties of care. Notably, in Mahon v Crockett (1999) 8 NZCLC 262,043, the Court of Appeal acknowledged at [9]-[12] that the requirement of assumption of responsibility, as articulated in Trevor Ivory, generally applies to tortious causes of action against directors. [43] Assumption of responsibility in negligent constru...

  8. Ministry of Justice Digital Strategic Plan [pdf, 1.3 MB]

    ...is tr y of J us tic e D ig ita l S tr at eg ic P la n 16PURPOSE AND CONTExT TE TĀHŪ O TE TURE TODAY Manage 150 pieces of legislation We work with the judiciary to deliver court services for the Supreme Court, Court of Appeal, High Court, 58 District Courts, Māori Land Court, Coroners Court, Environment Court and Employment Court. 277,000 cases went through the courts in 2020 Collected $212m in court fines – making us NZ’s largest debt...

  9. Directory of Official Information 2019 V-Z [pdf, 775 KB]

    ...eligible qualifying service. The Panel comprises an employee of the New Zealand Defence Force and a representative of the Royal New Zealand Returned and Services’ Association. The Minister for Veterans appoints the: Veterans’ Entitlements Appeal Board which determines appeals of review decisions veterans and other claimants disagree with. This board consists of not more than four members of which one must be a lawyer who has at least seven years standing, and two 4 mus...

  10. [2020] NZIACDT 34 ZT v Li (20 July 2020) [pdf, 340 KB]

    ...all the blame on her. Ms Li told the complainant she would write to the manager seeking a special extension. The complainant said he had received a call from Ms Zhu who advised him that he could complain about Ms Li to the Authority or he could appeal to the Immigration and Protection Tribunal (IPT). [57] By 1 September 2017, the complainant had engaged a new licensed immigration adviser, Mr Steven Ji. [58] Also on 1 September 2017, Ms Zhu made file notes of her telephone discus...