Search Results

1. MfE - EiC - K S Kohere - Planning Policy (5 Feb 2021) [PDF, 254 KB]

   ...water permits that may provide for unsustainable abstraction. • The Otago Regional Council is concerned that these urgently-needed plan changes could face delays under the plan-making process of the RMA, with its standard submission, hearing and appeal phases. The Council considers that such delays would result in your expectations and those of the Otago community not being met. 39. The EPA’s advice further highlights the importance of a strong PC7 being in place as soon as po...

2. Smith v Waitakere City Council [pdf, 220 KB]

   ...circumstances under which a Council owes common law obligations to a subsequent homeowner as a result of negligently carrying out an inspection of a dwelling during construction, i.e. the claim does not fall within the rationale of the Court of Appeal and Privy Council decisions of Invercargill City Council v Hamlin [1994] 3 NZLR 513 (CA) and Invercargill City Council v Hamlin [1996] 1 NZLR 513 (PC) (“the Hamlin decisions”) • The Council is under no duty to ensure absol...

3. Elvin - Lot 154D2B2B1 Parish of Te Puna (2007) 90 Tauranga MB 53 (90 T 53) [pdf, 2.5 MB]

   ...Maori Land Court may ill exercise of its powers and respollsibililies reJlIse 10 cOllflrmlhe aliellalioll or 10 change Ihe statlls oJlhe lalld. " [15] Further refinements of this fundamental principle can be discerned from the High and Court of Appeal judgments, Edwards v Maori Lalld COllrl and Brllce v Edwards [2003] 1 NZLR 515. Ronald Young J considered the decision in Loma Cleave too resh'ictive given his view that the rights of the owners should not be entirely ignored. Th...

4. Complaints Assessment Committee 302 v Crockett [2017] NZREADT 5 [pdf, 188 KB]

   ...case, although we express no firm view on this point, the advertisement may have achieved this by using the word “roughcast”, given that it was highlighted in the listing agreement. … [53] Our consideration of the second aspect of the appeal (as to disclosure and advertising) leads us to draw licensees’ attention to r 10.7. When licensees can see from their own knowledge and experience that a property may be subject to hidden or underlying defects (such as that it may be...

5. [2017] NZEmpC 60 Holman v CTC Aviation Training (NZ) Ltd [pdf, 216 KB]

   ...holds that the training fees were not a premium for employment, it can refer the matter back to the Disputes Tribunal and continue its claim against Mr Holman for the balance of the fees owing. Obviously, the timing of that would be subject to any appeal rights which the parties may have in respect of this Court’s judgment. Legal principles applying [18] Both counsel have referred in their submissions to the fact that there is not a great deal of legal authority in respect of w...

6. [2011] NZEmpC 43 Hally Labels Ltd v Powell [pdf, 165 KB]

   ...balance of convenience favours the granting of the injunction; (e) That the overall justice of the case favours the granting of the injunction. 7 Was the restraint reasonable? [22] Mr Gallie advised that the defendant does not intend to cross-appeal but will wish at the substantive investigation to contend strongly that the restraint was unreasonable and therefore unenforceable. For present interim purposes however, he accepted that the plaintiff had established as a serious...

7. [2022] NZEmpC 226 Association of Professionals and Executive Employees Inc (APEX) v Te Whatu Ora – Health New Zealand [pdf, 228 KB]

   ...Meat Workers and Related Trades Union v Taylor Preston Ltd, Judge Shaw found that the issue under s 9 is what caused the preference to be conferred. If it was union membership, then it was prohibited.6 In an unsuccessful application for leave to appeal the Employment Court decision, the Court of Appeal held there is no warrant in the wording of s 9 to require a further inquiry into subjective motive, once the statutory test is met.7 In Pact Group v Service and Food Workers Union...

8. LCRO 73/2020 A and B WT v CV and DU (29 September 2021) [pdf, 185 KB]

   ...scope of review [33] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

9. [2010] NZEmpC 73 NZ Amalgamated Engineering Printing and Manufacturing Union v SCA Hygiene Australasia Ltd [pdf, 46 KB]

   ...the clear Parliamentary intention that employees should be paid the relevant daily pay for the public holidays falling during the closedown. She submitted that this was clear even under the 1981 Act as a result of the decision of the Court of Appeal in Ports of Auckland Ltd v NZ Waterfront Workers Union Inc1 and since that time the legislation has become more precise as to what is to be included in the relevant daily pay. She submitted that the basic principle that public holidays...

10. CAC 20003 v Fourie [2014]NZREADT 71 [pdf, 63 KB]

    ...persons involved in proceedings. [60] We considered the principles relevant to applications under s.108 in An Agent v Complaints Assessment Committee (CAC 10028) [2012] NZREADT 02. There we held that we had the power to make non-publication orders on appeals from decisions of Complaints Assessment Committees and we set out the principles to consider when determining when to make such orders. Relevantly, we relied on Lewis v Wilson & Horton Ltd where Her Honour Elias CJ said at par...