Search Results

1. [2017] NZEmpC 13 Lewis v Immigration Guru Ltd [pdf, 105 KB]

   ...the most significant factor is that the proposed challenge has little if any chance of success. While none of the other factors mitigate strongly against granting the extension of time sought, in my view it is not in the interests of justice to permit a party to prolong litigation without a real prospect of success. The application for extension of time is refused. [14] Applying those principles to the present case, the length of the delay was effectively one day although the appl...

2. [2020] NZEnvC 108 Terra NZ Group Limited v Auckland Council [pdf, 406 KB]

   ...approximately 440 metres of public road. These earthworks required resource consent under the then operative District and Regional Plans and under the proposed Auckland Unitary Plan (AUP) because that area and volume of earthworks exceeded the permitted standards in those plans. [4] The conditions attached to the resource consent referred to several plans and drawings, some of which were included. In particular, condition 6(c)(i) appeared to indicate a road formation width of 10 m...

3. [2017] NZEnvC 208 Chris Robertson and Sergio Salis v Dunedin City Council and Filleul Apartments JV Ltd [pdf, 2.6 MB]

   ...directions for evidence exchange were not met by the appellants and the engineer's evidence was late and a second engineer's conference was required; (vi) the arguments in relation to the need for a verandah on the street frontage and on the permitted baseline were technical and unmeritorious and failed . (d) all of the matters raised by appellants at Council level were again raised before the court, with the exception of traffic effects, and were again unsuccessful9....

4. Human v New Zealand Law Society [2022] NZLCDT 50 (22 December 2022) [pdf, 205 KB]

   ...there is a: “… responsibility of the Court and all who administer the examination system to give full weight to the clear public interest of ensuring that only those who have, inter alia, the requisite professional and competence should be permitted to go forth to the public as practitioners in the law. Members of the public must of necessity place considerable reliance upon the competence of persons who are duly admitted to practice in one or other of the branches of the legal p...

5. [2022] NZEmpC 42 TPT Forests Ltd v Penfold [pdf, 219 KB]

   ...the Court. The respondents say Mr Whale is an associated person [24] The respondents have protested about Mr Whale being appointed the IT expert to execute the search orders on the respondents. Rule 33.4(1) places restrictions on who may be a permitted person for the purposes of carrying out a search. It sets out that the permitted person identified must not include the applicant, or in the case of non-natural persons, any director, officer, employee, partner, or other person as...

6. BB v NC [2024] NZDT 127 (16 April 2024) [pdf, 204 KB]

   ...warranties upon which BB relies: first, that the vendor had no knowledge or notice of any fact which might result in proceedings being instituted by or against the vendor in respect of the property; and, second, that, where the vendor had caused or permitted any works to be done on the property, the works were completed in accordance with permits and consent and that the vendor was not aware of any reason that would prevent a building warrant of fitness being obtained. [7] BB moved into...

7. Gray v Ministry for Children (Strike-Out Application) [2018] NZHRRT 13 [pdf, 227 KB]

   ...develop, are that once a complaint to the Privacy Commissioner has been withdrawn and s 71(1)(d) applied by the Commissioner, the complaint is at an end. In addition, it would be contrary to the scheme and purpose of Part 8 of the Privacy Act to permit an individual, at his or her election, to bypass the Privacy Commissioner’s Part 8 complaints process and file proceedings directly with the Tribunal. The Part 8 provisions of the Privacy Act – text [12] The focus of the first ob...

8. Borst v ACC [2012] NZACA 3 [pdf, 46 KB]

   ...through the submissions of counsel that it does not oppose the application, the extension is granted. [3] Applications for leave to appeal against the decisions of the Authority are made pursuant to s 111 of the Accident Compensation Act 1982, which permits the Authority to grant leave to appeal on a question of law or where in the Authority’s opinion the question involved in the appeal is one which by reason of its general or public importance or for any other reason ought to be subm...

9. BORA Smoke-free Environments (Controls and Enforcement) Amendment Bill [pdf, 338 KB]

   ...advertising the availability of tobacco • treats sales-outlet notices or signs that communicate information that is, or include, health or purchase age information or warnings as prohibited, unless those notices or signs are ones the Act requires or permits • facilitates the enforcement of prohibitions on distribution or supply of tobacco products free of charge or at a reduced charge, or with rewards, by providing that a term of such an arrangement has no effect if compliance with...

10. Te Manutukutuku Issue 26 [pdf, 3.1 MB]

    ...them (ell Second Schedule). Three former members are continuing to hear claims under that provision. The Tribunal has one full-time member. Most other members have other commitments but several would work full-time if the Tribunal's finances permitted . Appointments Members are appointed on the recommendation of the Minister of Maori Affairs after consultation with the Minister of Justice (s4(2}). In considering the suitability of persons for appointment it is required that the...