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1. D-G of Conservation - Murray Brass - EIC - 25 February 2022 [pdf, 234 KB]

   ...off”, “the effects on waterbodies” and “the effects on stormwater flows”. 40. The Waitaki District Plan does not contain specific rules relating to stormwater or earthworks. 41. The Dunedin City District Plan (“Second Generation Plan appeals version”) includes a section ‘8A Earthworks’. This includes detailed provisions on the type, scale and location of earthworks and resulting activity statuses, and applies performance standards including ‘8A.5.7 Sediment con...

2. [2024] NZREADT 12 – CAC 2106 v City Realty (24 April 2024) [pdf, 125 KB]

   ...cooperation with the Committee, resulting it a fine of $7,500 to $9,000. DISCUSSION [42] Both counsel have referred to other penalty decisions, being Burnett, Optimize Realty10 and AJS Rental Realty. [43] In Burnett, the Tribunal considered an appeal against a fine of $2,000, ordered by a Complaints Assessment Committee against Mr Burnett’s company, following the Committee’s finding of unsatisfactory conduct. Mr Burnett’s company had failed to provide monthly reconciliati...

3. Gibbs - Te Reti A22 (2008) 92 Tauranga MB 182 (92 T 182) [pdf, 398 KB]

   ...any application for a status change. [9] The superior courts have also provided guidance on the issue of status change and alienation generally. In addition to Brown v Maori Appellate Court there is of course the important judgment of the Court of Appeal Valuer-General v Proprietors Mangatu Incorporation [1997] 3 NZLR 641. At page 649 of the decision, Richardson P makes it plain that the Act provides for alienation but in limited circumstances: "The 1993 Act imposes very significa...

4. BORA Employment Relations Amendment Bill [pdf, 279 KB]

   ...days. If the employer withholds consent, the employer must provide the reason for withholding consent. 4. The right to freedom of association is wide, and encompasses the right to form and participate in any kind of organisation. [1] The Court of Appeal has noted that an employer coming between employees and their representatives may impact on the right to freedom of association. [2] 5. The Bill, however, only creates the prospect of short temporal interference with the right of uni...

5. [2018] NZEnvC 215 35 Limited v Auckland Council [pdf, 172 KB]

   ...appropriate.4 [8] The usual manner in which to make a change to a plan is by way of the process set out in Schedule 1 to the RMA. This process requires public notification, submissions and further submissions, hearing of submissions and rights of appeal. Those matters are not required in the exercise of the power under s 292. The Court will accordingly always be concerned to ensure that the exercise of s 292 is within the limits of correcting mistakes and does not extend into making...

6. [2023] NZEmpC 104 Chantama v McKerchar Lamb Ltd [pdf, 188 KB]

   ...Almond v Read,4 where it was made clear that the merits are generally not relevant where there has been an insignificant delay as a result of a legal adviser’s error and the proposed respondents have suffered no prejudice, beyond the fact of the appeal itself.5 Accordingly, I do not regard a consideration of the merits as being relevant to this application. Result [13] In the circumstances, leave is granted. Mr Chantama’s claim is to be filed and served within seven days of...

7. [2021] NZACC 129 - Griffiths v ACC (05 August 2021) [pdf, 300 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 129 ACR 068/18 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN NICOLA GRIFFITHS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: Christchurch/Otautahi Heard at: 20 July 2021 Appearances: Ms M Watson advocate for the appellant Mr C Hlavac for the respond...

8. [2014] NZEmpC 53 NZ Meatworkers Union v Alliance Group Ltd [pdf, 184 KB]

   ...parties, it was removed into the Court for hearing in the first instance. 1 The basis for removal was that the case raised an important question of law. This was said to be the extent to which arguably contradictory decisions of the Court of Appeal applied to the collective agreements in question. Background and summary of events [4] Alliance operates meat processing plants throughout the South Island and in the southern part of the North Island. [5] The terms and conditions...

9. [2023] NZREADT 30 - Turner v Real Estate Agents Authority (12 October 2023) [pdf, 171 KB]

   ...Callaghan, above n 1, at [18]. 5 OUTCOME [22] The application is dismissed and the Registrar’s decision is confirmed. [23] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116, setting out the right of appeal to the High Court. PUBLICATION [24] Having regard to the interests of the public in knowing the status of licensees and also the Tribunal’s jurisprudence, balancing that against the privacy of the individuals involved, it is appro...

10. IPT-Form-6-Application-to-cease-cancel-recognition-as-refugee-or-protected-person-v2-Apr-23.pdf [pdf, 471 KB]

    ...officer making this application • Please attach a copy of: › Statement of grounds for the application; › A indexed bundle of supporting documents (including the decision made by the Immigration and Protection Tribunal or by the Refugee Status Appeals Authority); and › Any other information that is relevant to the determination of the application. • You must serve a copy of this application together with all supporting documents on the affected person, and attach proof of service t...