Search Results

1. [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 (...

2. 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...

3. [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...

4. [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...

5. [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...

6. [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...

7. 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...

8. [2022] NZREADT 10 – HD v REAA and LD (18 May 2022) [pdf, 216 KB]

   ...produced by the purchaser). 2. Deal Transaction Report (18 September 2020) signed by the licensee and his manager. 3. Statement (6 February 2022) from the licensee’s wife. [17] The licensee also requests an oral hearing and that counsel be permitted to cross-examine the purchaser and his son. [18] Ms Bergin, for the Authority, abides the Tribunal’s decision on the applications, but has helpfully provided submissions on relevance. Legal principles [19] An appeal aga...

9. Duty lawyer policy [pdf, 549 KB]

   ...Granting Decisions manual  for a Provider Approval Level 3 or 4 case, the defendant is able to choose their own lawyer. If the defendant does not have a genuine preferred lawyer one will be assigned by the Legal Aid office. Duty lawyers are not permitted to ask a person if they can be that person’s preferred lawyer. Similarly, they are not permitted to nominate or recommend any other lawyer (or firm/chambers) as the preferred lawyer. If a defendant specifically requests the...

10. [2019] NZREADT 50 - Hu v CAC 416 & Yeung (14 November 2019) [pdf, 220 KB]

    ...2 Unless there were exceptional circumstances justifying the admission of new evidence which would not apply in this case. [21] To accede to the request of the Appellant would involve an order permitting the additional evidence to be considered by the Tribunal. Such an order is required because there is no entitlement as of right to put forward additional evidence on the appeal which had not been heard by the Committee [22] In