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1. [2021] NZEnvC 021 Royal Forest & Bird Protections Society Incorporated v Northland Regional Council [pdf, 1.3 MB]

   ...(such as SEA). C: There are no further alterations to the plan required or directed by this Court, with the intent that works within the SEA zone, even in the MPPZ, will require a consent as a non-complying activity. D: Costs are reserved. Any application for costs is to be made within 20 working days, any reply within 10 working days and a final reply, if any, five working days thereafter. REASONS Introduction [1] This issue was originally part of a general appeal in respec...

2. Martelli v The Real Estate Agents Authority CAC (409) NZREADT 23 [pdf, 240 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2018] NZREADT 23 READT 038/17 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN ANITA MARTELLI Applicant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 409) Respondent Date of Hearing: 19 June 2018 Tribunal: Mr J Doogue, Deputy Chairperson Mr G Denley, Member Ms C Sandelin, Member Appearances: Mr J Waymouth on behalf of the appellant...

3. [2009] NZEmpC WC 10/09 Terson Industries Ltd v Loder [pdf, 54 KB]

   ...absence of providing the stipulated four-month extended notice period that was a condition attached to the NCP. [3] In response the defendant worked 4 months’ notice but was not paid the NCP after 28 February 2007. [4] The defendant brought a claim to the Employment Relations Authority to recover payment of the NCP and costs. In response TIL counter-claimed for $2,500 on the basis that the defendant had breached his fiduciary duties. That claim was withdrawn at the Employment...

4. LCRO 85/2016 BA v FE [pdf, 280 KB]

   LCRO 85/2016 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [City] Standards Committee [X] BETWEEN BA Applicant AND FE Respondent The names and identifying details of the parties in this decision have been changed. DECISION Introduction [1] Miss BA has applied to review a decision of the [City] Standards Committee [X] (the Committee...

5. [2023] NZREADT 11 - CAC 2103 v Lieven (15 May 2023) [pdf, 263 KB]

   ...the tenants that she had been engaged as the selling agent for the property and asked them “to co-operate with the agents viewing hours of Monday – Friday 10-5 pm (excluding public holidays)”. [12] The complainant responded to Ms Lieven, requesting 48 hours’ notice of any visitors or works being carried out on the property. 3 [13] Ms Lieven refused and sent emails stating [sic]: You have been provided notice effective immediately with times and days. That’s notice....

6. Morrison v Trustees of the Trevor and Dina Maxwell Whanau Trust - Arataua A [2013] Māori Appellate Court MB 189 (2013 APPEAL 189) [pdf, 187 KB]

   ...MB 189 IN THE MĀORI APPELLATE COURT OF NEW ZEALAND WAIÄRIKI DISTRICT A20120014004 UNDER Section 58 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Arataua 5A BETWEEN LINDA MOEWAKA MORRISON AND RENE KAHU MITCHELL Applicants AND TRUSTEES OF THE TREVOR AND DINA MAXWELL WHĀNAU TRUST Respondents Hearing: 14 February 2013 (Heard at Rotorua) Court: Judge L R Harvey (Presiding) Judge S R Clark Judge C T Coxhead Counsel: Mr G J...

7. [2019] NZCAA 13 (5 August 2019) [pdf, 384 KB]

   ...[7.2] It is then necessary to determine the appellant’s profits and costs that are deducted to deduce the value of the product when imported into New Zealand. The issues for the Authority to determine [8] There is a series of details in the application of the DVM, little of the detail is contentious. At the risk of oversimplification, two critical points were in contention at the end of the hearing: [8.1] The parties have different views on the price at which the appellant sells...

8. BORA Search and Surveillance Bill [pdf, 334 KB]

   ...Our Ref: ATT395/108 1. I have reviewed this Bill for consistency with the New Zealand Bill of Rights Act 1990 and conclude that it appears to be consistent with that Act. 2. The Bill seeks to consolidate existing search, surveillance and other information- gathering powers and also to address issues such as the search of information in electronic form. The Bill raises several issues under the Bill of Rights Act: 2.1 The provision for search and related powers, particularly without warra...

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

   ...by 12 hour workers would be debited by 12 hours for each day. [7] Appendix A also provides for each of the four public holidays during the close down period to be paid at eight hours per day. [8] In February 2007 the union raised a dispute claiming that the 12 hour workers should be paid at the rate of 12 hours per day as the relevant daily pay for each of those annual holidays. The statutory and contractual provisions [9] Relevant sections of the Holidays Act 2003 that...

10. O'Connor & Anor v CAC 20004 & Randall [2013] NZREADT 104 [pdf, 142 KB]

    ...Accordingly, the Committee made “no order for publication”. Factual Background [3] The licensee was the listing agent for a property at 49 Manly Street, Paraparaumu. [4] In April 2005 the original owners of the property had lodged a weathertightness claim with the Weathertight Homes Resolution Service (WHRS). An assessor’s report identified water damage. WHRS quoted a cost of $36,000 to repair the damage. The owners stopped the claim process and listed the property exclusivel...