Search Results

1. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 124 KB]

   ...• The code of compliance certificate was issued despite the fact that the windows were rated only ‘very high’ in terms of NZS 3604:1990. • The inspector failed to notice that the earthworks behind the concrete slab were inadequate to permit the drainage of water from behind the concrete slab, thus allowing water to penetrate the concrete block retaining wall at the back of the lower storey of the building. • That the council in carrying out its statutory duties was p...

2. Hakiwai - Owhaoko C1, C2, C4, C5, and C7 (2016) 52 Takitimu MB 130 (52 TKT 130) [pdf, 192 KB]

   ...to the terms of the trust order. He also alleges that the trustees have failed to comply with earlier directions issued by the Māori Appellate Court in 2010, and have paid out Kaumātua grants, even though there is no power in the trust order permitting this. [5] In addition, Mr Karena claims that the trustees have failed to follow due process and grant him a lease of trust lands, which he argues, in effect, is also an example of imprudence. For all of these reasons he argues t...

3. McLeod v Nga Uri a Maata Ngapo - Charitable Trust Harataunga West 2B2A1 Block [2017] Chief Judge's MB 46 (2017 CJ 46) [pdf, 474 KB]

   ...Court exceeded its jurisdiction when it recommended a reservation for the benefit of the “Kennedy Bay Community”. This class of beneficiary is overly broad, potentially encompassing non-Māori members of the Kennedy Bay Community, who are not permitted to be beneficiaries of Māori reservations under the Act. 2017 Chief Judge’s MB 58 [25] Mr Majurey submits that the applicant has not fulfilled his onus of proving that the phrase refers to anyone other than Māori of...

4. [2022] NZEnvC 120 Director-General of Conservation v Whangarei District Council [pdf, 264 KB]

   ...[l] r21 [3] [4] Annexure 1 ENV-2020-AKL-000127 - Kauri Dieback Final Provisions EARTH-R2 Earthworks, Land Preparation, Cultivation, or Land Disturbance within a Kauri Hygiene Area All Zones and Development Areas Activity Status: Permitted Where: 1. The works are undertaken for the purpose of gardening on a site less than 2,000m2 and: a. The maximum area disturbed within a single kauri hygiene area is 250m2 within a site; and b. All soil, organic material (...

5. BORA Freedom Camping Bill [pdf, 321 KB]

   ...to freedom camping on local authority controlled and public conservation land, in order to protect the environment, health and safety and access to public places and sites of significance for public enjoyment. It allows for camping to generally be permitted unless restricted or prohibited either through local government bylaws or through Department of Conservation freedom camping notices on conservation lands. 5. The Bill allows infringement notices, with an infringement fee of $200, to...

6. [2022] NZEmpC 63 Saipe v Bethell [pdf, 222 KB]

   ...the applicant to be filed with the application for leave, if this is required by the Court of Appeal.18 [22] In dealing with applications for recall, the Court looks to r 11.9 pursuant to the Employment Court Regulations 2000.19 That rule only permits a Judge to recall a judgment up until a formal record of it is drawn up and sealed.20 It is clear that, if Mr Saipe had obtained a sealed judgment, the Court would not have been permitted to recall it. [23] Mr Saipe did not obtain...

7. [2020] NZEmpC 24 CBA v ONM [pdf, 327 KB]

   ...date. This item is disallowed. (e) Step 13: preparation for teleconference [24] A claim for 0.4 of a day was made for preparation for a telephone directions conference held on 12 June 2019. Preparation for a directions conference is only permitted in respect of a first such conference under Step 11. However, under Step 12, a claim may be made for the filing of a memorandum for a first or subsequent directions conference. The conference on 12 June 2019 was a subsequent directio...

8. [2006] NZEmpC AC 49/06 National Distribution Union & Anor v General Distributors & Anor [pdf, 59 KB]

   ...sanction for breach of 97 is a penalty able to be imposed by the Employment Relations Authority after the event, where a breach is established and the Court is satisfied of the likelihood of a repetition or continuation of that breach, the law permits prospective illegality to be restrained. Although I do not suggest so in this case at this stage, this would ensure that, under s97, an employer cannot cynically calculate that the cost to it of a penalty subsequently imposed will be...

9. [2024] NZEmpC 51 Citadel Capital Ltd v Miles [pdf, 264 KB]

   ...subject to such conditions, including conditions as to the giving of security, as the Authority or the court thinks fit to impose. [8] Section 180 and reg 64 apply to situations where the Authority has issued a determination. Those provisions permit the Court to stay the determination to which the challenge relates. However, it is not clear that the Court has jurisdiction under those provisions to stay an investigation meeting of the Authority that is related to the determinatio...

10. Hines v Attorney-General (Application to Remove Proceedings to High Court) [2018] NZHRRT 26 [pdf, 256 KB]

    ...By email dated 22 August 2017 the Secretary explained that there are at present delays in progressing cases before the Tribunal owing to an unprecedented increase in the Tribunal’s workload. Reference was made to the fact that the Act does not permit the appointment of a deputy chair to assist the Chairperson to keep pace with such increase. The attention of the parties was drawn to Wall v Fairfax New Zealand Ltd (Delay) [2017] NZHRRT 8 in which the circumstances are more fully explai...