Search Results

1. [2017] NZEnvC 179 Auckland International Airport Limited v Auckland Council [pdf, 6.1 MB]

   ...identified, and that property owners in general have this matter brought to their broad attention such that they can investigate further to see whether the designation change affects their property if they so wish. [43] I acknowledge Mr Berry's careful submissions on the question of whether this could be achieved simply by dispensing with service and making alternative directions, I 13 relates. [44] Although I note that notified plan changes may not require every landowne...

2. The Real Estate Agents Authority (CAC 413) v Taylor [2018] NZREADT 24 [pdf, 208 KB]

   ...regarded as misconduct is to be determined from the nature of the conduct and not from its consequences.’” [27] In Phillips5 the Tribunal stated that the purpose of professional disciplinary cases is to maintain professional standards and to protect the public. It is correct that section 3 of the Act contains an explicit statement of the purpose of the Act which is broadly to promote and protect the interests of consumers and to promote public confidence in the performance of...

3. Manuel v Carroll - Lot 1 Deposited Plan 5004 Part Waimarama 3A1A1 (2020) 83 Takitimu MB 41(83 TKT 41) [pdf, 231 KB]

   ...has damaged the land and has sought to improperly obtain title for himself. Mr Carroll claims that Ms Manuel’s approach is inconsistent with tikanga Māori and that he should be allowed to remain on the land for the rest of his life, given the care and protection he has provided for the whenua and the fact that he has put in place a sewerage and water system that will benefit all owners in the future. Mr Carroll would strongly prefer that further alternative dispute resolution be...

4. Watson v Day - Torere Section 64 (2024) 310 Waiariki MB 227 (310 WAR 227) [pdf, 286 KB]

   ...where the Court stated:7 It is inappropriate to strike out a claim summarily unless the court can be certain that it cannot succeed. The case must be “so certainly or clearly bad” that it should be precluded from going forward. Particular care is required in areas where the law is confused or developing. [19] The fundamental question for the Court to determine is whether the causes of action set out in Mr Watson’s application for removal are so clearly untenable that they c...

5. Auckland Standards Committee v Valu Pome'e [2014] NZLCDT 87 [pdf, 107 KB]

   ...marriage certificate. While not in the same league as the preceding charge it is a further failure towards the client. (Failure No. 11) Penalty [28] We remind ourselves that the predominant purpose of penalty to be considered by the Tribunal is protection of the public and maintenance of professional standards in order to enhance public confidence in the legal profession. [29] Mr Davey submitted to us that “proven dishonesty, whether or not leading to criminal proceedings and c...

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. [2013] NZEmpC 35 Tan v LSG Sky Chefs NZ Ltd [pdf, 204 KB]

   ...principles of statutory interpretation applying to Mr Tan’s case. Statutory provisions [35] Counsel referred to the principal object of subpart 1 of Part 6A of the Act: 69A Object of this subpart The object of this subpart is to provide protection to specified categories of employees if, as a result of a proposed restructuring, their work is to be performed by another person and, to this end, to give – (a) the employees a right to elect to transfer to the other perso...

9. ENV-2016-CHC-000071 Affidavit of Mr Nathan Hole [pdf, 3.9 MB]

   ...Station Limited all proposed amendments creating exemptions to Rule 12.1 to allow additional clearance of noxious plants, track maintenance and existing pastoral uses. These amendments were opposed by Canterbury Regional Council and Forest and Bird Protection Society of NZ, and were supported by South Canterbury Federated Farmers. (c) The Council's s42A report recommended the inclusion of an exemption for the maintenance of tracks and the removal of declared weed pests, fro...

10. [2023] NZIACDT 9 - WS v Lawlor (23 March 2023) [pdf, 318 KB]

    ...instalments. First expression and work visa application filed [8] The expression of interest under the skilled migrant category seems to have been filed almost immediately, as Immigration New Zealand (Immigration NZ) wrote to the complainant (care of Mr Lawlor) on 21 March 2019 advising that she had been invited to 3 apply for residence. She was informed she had four months to make the residence application and no extension would be considered. Mr Lawlor told her of the invit...