Search Results

1. ENV-2016-AKL-000208 Kohler v Auckland Council [pdf, 1.6 MB]

   ...Paragraph 7 sets out the 2 fundamental principles to be applied in processing such requests: (i) the Court cannot permit a planning instrument to be appreciably amended without real opportunity for participation by those potentially affected, and (ii)care must be exercised on appeal to ensure that the objectives of the legislature in limiting rights of appeal to those fairly raised by the appeal are not subverted by an unduly narrow approach. Paragraphs B, lD, 11 and 16 collectively p...

2. [2016] NZEmpC 158 Kidd v Beaumont [pdf, 460 KB]

   ...under s 6. That is because Mr Kidd did not incur any out-of-pocket expenses in performing the work for the defendants. He lived on the site where the work was performed. He was not required to purchase or otherwise himself provide any tools, protective clothing or the like. These were all made available to him by the defendants. His ‘rewards’ were not in the nature of a reimbursement of expenses incurred in the performance of his work: they were solely reward for work perf...

3. Parlane v REAA Registrar [2013] NZREADT 94 [pdf, 176 KB]

   ...be stressful for all parties concerned. It is essential that consumers are able to rely on the professional conduct of licensees involved in such transactions. It is for this reason that the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 impose minimum standards requiring licensees to comply with their fiduciary obligations to their clients, to act in good faith and deal fairly 5 with all parties to a transaction, and to not engage in conduct likely to...

4. [2015] NZEmpC 99 NZ Meat Workers Union Inc v South Pacific Meats Ltd [pdf, 249 KB]

   ...proceeding. Put another way, the essence of the Authority’s question is whether its broad power under s 160 (to call for evidence, 15 whether strictly legal evidence or not) 16 is constrained by a residual common law (that is, a non-statutory) protection that entitles a party to assert privilege in self-incriminatory documents. [42] The Authority’s referral of a question of law to the Court under s 177 will not be struck out. The Authority has not stated a question of law...

5. [2018] NZEnvC 076 Vernon v Thames Coromandel District Council [pdf, 730 KB]

   ...have already been dealt with in the appeals, in particular in relation to mediation and agreements arising from mediation. As the Court noted, it is essential to the mediation process that it be confidential and that the content of negotiations be protected. This applies equally to this s293 process as it does to any other circumstances. However, where a mediation has resulted in an agreement which the parties all accept can be the basis of a draft consent order to be put before the C...

6. Fehling v Ministry of Health (Strike-Out of Second Defendant) [2016] NZHRRT 29 [pdf, 107 KB]

   ...National Health Index (NHI). [4] As to the facts, Mr Fehling contends that when on 16 December 2014 he enrolled at the South Westland Area Practice, nominating it as his regular and ongoing provider of general practice and first level primary health care services, he objected to the provision of his personal details to the Ministry of Health. [5] More particularly, during the enrolment process he was provided by the Practice with a Health Information Privacy Statement, which stated (i...

7. Minhinnick v The Crown - Maioro Lands (1994) 18 Waikato Maniapoto Appellate MB 220 (18 APWM 220) [pdf, 3.8 MB]

   ...claim part of Ngati Te Ata? It appears to us that Ngati Karewa Ngati Tahinga are an established hapu with marae all based south of the Waikato River. The fact that some of that hapu may be settled within the domain of Ngati Te Ata and under the protection of Ngati Te Ata does not give the hapu of Ngati Karewa and Ngati Tahinga rights to claim land within Ngati Te Ata's rohe. Compensation Court records of the 1860s show that Ngati Tahinga was party to various claims south of t...

8. Robb v Complaints Assessment Committee [2017] NZREADT 39 [pdf, 198 KB]

   ...charge concerns Mr Robb’s conduct in relation to a potential purchaser of the orchard, Mr Lemon. Mr Robb is charged with having wilfully or recklessly contravened rules 6.2 and 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”) (“the first charge”). Mr Robb admits misconduct on this charge. The second charge concerns Mr Robb’s conduct in relation to the vendor, Maketu. He is charged with having wilfully or recklessly cont...

9. [2019] NZCAA 13 (5 August 2019) [pdf, 384 KB]

   ...not contain specific financial details. I accordingly direct that no financial information in this proceeding is to be disclosed, beyond the parties and their advisers (and then only for this appeal). It is necessary to make these directions to protect the process of competition in the market for the product and its competitors. [2] The product has a unique formula and brand identity. It is subject to competition from other brands of similar nutritional products, though each produce...

10. [2021] NZACC 73 - McLennan v ACC (6 May 2021) [pdf, 278 KB]

    ...measured in the work environment was too low to be associated with injury. Unfortunately, this relates only to a general statistical measure, and takes no account of individual’s sensitivities. It is notable in the work environment that there was no protective clothing, and masks to provide respiratory filters. Therefore, and whatever the air concentration showed, there is no specific measure of personal exposure. While it is second-hand information, the information is neverthel...