Search Results

1. [2022] NZEnvC 245 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 255 KB]

   ...measurable spatial or other limits to inform its conclusions concerning those effects (including matters of location, quantity, density and design treatment); ii how it accounts for contribution to those effects from existing, consented or permitted development within the relevant landscape character area. b. the outcome of an assessment of landscape capacity undertaken in accordance with SP 3.3.29 and SP 3.3.45 that is relevant to the proposal being considered; c. the cont...

2. [2016] NZSSAA 059 (16 June 2016) [pdf, 36 KB]

   ...good faith; (d) the beneficiary changed his position believing he was entitled to receive the money and would not have to repay it; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [21] Pursuant to s 86(9B) of the Act, the term “error” includes: (a) the provision of incorrect information by an officer of the Ministry; (b) an erroneous act or omission occurring during an investigation of benefit en...

3. [2018] NZEmpC 4 Ioan v Scott Technology NZ Ltd t/a Rocklabs [pdf, 340 KB]

   ...contractual notice provision. That is consistent with the authorities.7 [44] I consider this includes that employers may give notice but at the same time pay employees in lieu of them working out their notice, where such payments in lieu are permitted by the employment agreement. While there are comments made by then Chief Judge Colgan in Smith that can be picked out as arguably indicating a different view,8 his most relevant comments align with the view I have reached. [45]...

4. LP v NB LCRO 114/2012 (19 December 2014) [pdf, 98 KB]

   ...and Client Care) Rules 2008, and this Par.3.2 is evidence of same. [12] Applying the provisions of s 200 of the Lawyers and Conveyancers Act 2006 (which directs the LCRO to conduct any review “with as little formality and technicality… as is permitted…”) I have proceeded on the basis that the review remains alive in relation to the finding of unsatisfactory conduct against NB, and the penalty (or lack of penalty) consequent on that finding. [13] NB subsequently provided sub...

5. [2017] NZEnvC 176 Aitchison v Wellington City Council [pdf, 496 KB]

   ...fence/structure was constructed by Walmsley with the approval, in the nature of a certificate of compliance, of the Council. The Council had adopted, on the recommendation of its officers, an interpretation of the plan provision which had the effect of permitting the construction 4 of the fence/structure and which, on appeal to this Court and then to the High Court, was held to be incorrect. [9] To that extent, Walmsley can point to the Council's decision as supporting its...

6. Proactive Release Amendments to Lawyers and Conveyances Act (LPRR) [pdf, 1.1 MB]

   ...are appropriate privacy reasons for withholding a lawyer’s work details that may not reach the threshold of a compromise to personal safety. I also note this is broadly consistent with the Insolvency Practitioners Regulation Act 2019 (IPRA), which permits information about an insolvency practitioner to be removed from the public register if it “would be likely to prejudice the privacy or personal safety of any person.” 15. The amendment I propose in para 11 above provides clear guidance...

7. [2020] NZIACDT 54 - DY v Parker (21 December 2020) [pdf, 282 KB]

   IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2020] NZIACDT 54 Reference No: IACDT 002/20 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY THE REGISTRAR OF IMMIGRATION ADVISERS Registrar BETWEEN DY Complainant AND DAMON PARKER Adviser SUBJECT TO SUPPRESSION ORDER DECISION Dated 21 December 2020 REPRESENTATION: Registrar: S

8. FD v WJ Ltd & LD Ltd [2015] NZDT 1465 (10 December 2015) [pdf, 147 KB]

   ...policy at any time and refund the premium. Since WJ was free to take this step without needing any reason, I find that FD’s loss of cover for the ABS failure was caused not by the actions of LD as WJ’s agent, but by WJ’s free choice to cancel as permitted under the contract. Therefore it cannot be recovered as a consequential loss. 14. FD argued that he had lost the opportunity to obtain an alternative MBI policy, but WJ gave evidence that MBI insurers do sell direct to the publi...

9. [2016] NZSSAA 007 (24 February 2016) [pdf, 40 KB]

   ...Review Committee. The Court found that the purpose of the Social Security Act 1964 is essentially financial. It accepted an analysis put forward by counsel for the Chief Executive that the language 2 [2000] NZAR 467. 4 of the statute permits a right of appeal only where there is actual or potential economic impact on a beneficiary. [13] The provisions of the Social Security Act 1964 are directed towards paying income support to meet the living expenses of eligible person...

10. TO v ZY & M Ltd [2023] NZDT 276 (1 August 2023) [pdf, 201 KB]

    CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 276 APPLICANT TO FIRST RESPONDENT ZY & KX SECOND RESPONDENT M Ltd The Tribunal orders: ZY & KX and M Ltd jointly and severally liable to pay directly to TO the sum of $745.00 on or before 22 August 2023. Summary of Reasons: [1] The hearing was convened by teleconference. All parties appeared at the