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1. NZ BORA Advice: Civil Aviation Bill [pdf, 368 KB]

   ...25. Information requirements related to incident and emergency reporting, and those which support investigations of breaches of the civil aviation code or offences, are rationally connected to the important objectives of ensuring aviation safety and protecting the rule of law. The information that may be obtained under these clauses is only that information which would support enforcement or prosecution of a breach or offence. Restricted speech within the Bill 26. Clause 197 allows the...

2. Hawkins v New Zealand Police [2024] NZHRRT 8 [pdf, 258 KB]

   ...following day (3 June 2022) Police released a redacted version of a 15 page Case Summary Report2 relating to the complaint Police had received and a complete copy of trespass notice. [6] Police told Mr Hawkins the Case Summary Report was redacted to protect the complainant’s privacy, giving as an example where the complainant’s feelings were discussed. Police also told him he had been provided with all the complaints the complainant had made against him. [7] Police deny it...

3. [2012] NZEmpC 220 Matsuoka v LSG Sky Chefs NZ [pdf, 130 KB]

   ...hearing as to Mr Matsuoka’s entitlement to transfer, including the agreement to put remedies to one side. [36] At the substantive hearing, LSG had advanced compelling arguments that Mr Matsuoka was not a vulnerable employee who required the protection of Part 6A. It was supported in that by the submissions made on behalf of the Service and Food Workers Union. Recently, the Supreme Court in Service and Food Workers Union Nga Ringa Tota Inc v OCS Ltd, 15 has stated: 16 We...

4. Mason v REAA [2013] NZREADT 7 [pdf, 66 KB]

   ...concerning the application must be considered, not just the previous misconduct. The onus is on the candidate to show that he or she is a fit and proper person.” [13] The decision of Interim Advance Corporation Pt Ltd v Commissioner for Consumer Protection [2008] WASAT 81 provides useful guidance on the “fit and proper person” test in the context of a refusal to grant a credit provider’s licence. The State Administrative Tribunal considered a review of a decision not to grant...

5. [2019] NZEnvC 038 Hawke's Bay Fish & Game Council v Hawke's Bay Regional Council [pdf, 277 KB]

   ...decision of Hawke's Bay Regional Council ('HBRC') on proposed Change S (,PCS' "Decision Version') to the Hawke's Bay Regional Resource Management Plan ('RRNlP'). Other s274 parties were Royal Forest and Bird Protection Society of New Zealand ('RFB') and Federated Farmers of New Zealand ('FFNZ'), neither of whom seeks costs. HBFG v HBRC - COSTS 2 [2] MTB seeks costs orders against HBRC and HBFG for reasonable contri...

6. [2016] NZEmpC 143 Borsboom (Labour Inspector) v Preet PVT Ltd [pdf, 667 KB]

   ...Act 1983 and the Holidays Act 2003, pursuant in both cases to s 135 of the Employment Relations Act 2000, the principles to be examined and determined apply equally to other Acts constituting the minimum code. These others include the Wages Protection Act 1983, the Parental Leave and Employment Protection Act 1987 and, in several respects, the Employment Relations Act. [3] There is little, including recent and authoritative, guidance about how the Employment Relations Authority...

7. [2020] NZEnvC 211 Panuku Development Auckland Ltd v Auckland Council [pdf, 2.3 MB]

   ...of traffic signs on surrounding streets and proposed signage for traffic management purposes during construction. (e) Measures to ensure satisfactory vehicle and pedestrian access is maintained to adjacent properties at all times. (f) Temporary protection measures that will be installed to ensure that there shall be no damage to public roads, footpaths, berms, kerbs, drains, reserves or other public assets as a result of the earthworks and construction activities. (g) Details on proce...

8. Tong & Anor v CAC 20004 & Ors [2014] NZREADT 3 [pdf, 126 KB]

   ...maintains that the licensee has demonstrated a lack of remorse. He emphasises a personal toll suffered by the appellants, allegedly, as a result of the licensee’s actions. [9] In our said substantive decision herein [2013] NZREADT 90, we took care to detail our reasoning for our findings. The appellants seem to wish to challenge these to some degree when now dealing with penalty. That is not appropriate. Penalty Orders in general [10] It is well established that decisions of d...

9. Russell - Waitoto Māori Reserve 755 Blk 3 Arawata SD (2016) 37 Te Waipounamu MB 139 (37 TWP 139) [pdf, 201 KB]

   ...1998 Court hearing, and also by Ngaire Mason at the hearing on 1 May 2015, but I have no evidence 37 Te Waipounamu MB 150 before me of any specific arrangements. Such history adds to the overall complexity, requiring trustees to exercise care and caution in their dealings with occupiers, but is not a meritorious objection to a trust. Significant unregulated activity has taken place on the block over a lengthy period, and a minority of owners have likely benefitted, or enable...

10. JM v DTM [2011] NZIACDT 1 (19 January 2011) [pdf, 119 KB]

    ...Determining the value of professional work, and negotiating what is to be paid requires knowledge and experience in immigration, and assists with an immigration matter. [41] The purpose of the Act is set out in section 3, and it includes promoting and protecting the interests of consumers receiving immigration advice. Abusive practices in relation to fees were certainly among the concerns the Act was intended to meet. Some confirmation licensed immigration advisers are responsible for...