Search Results

1. Sharing information safely: Summary of feedback [pdf, 370 KB]

   ...agencies and social services practitioners (the sector) will be enabled to share information when it is safe and appropriate to do so. The Act provides clear authorisation for the sector to collect, use, request and share personal information for permitted purposes. It also clarifies that the sector has a duty to consider sharing if it may help protect a victim, or if it receives a request for information for a permitted purpose. Draft guidance on sharing personal information To as...

2. [2022] NZEnvC 084 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 570 KB]

   ...provision is as follows: 21.21.1.4 Cumulative effects … a. The outcome of an assessment of landscape capacity undertaken in accordance with SP 3.3.29 that is relevant to the proposal being considered; b. The contribution existing, consented or permitted development (including unimplemented but existing resource consents that are likely to be implemented) makes to landscape capacity; c. The effect the proposed development would have on landscape capacity. [80] The Anderson Ll...

3. [2010] NZEmpC 22 The Chief of Defence Force v Ross-Taylor [pdf, 55 KB]

   ...the supply of medical services” and the defendant is named as the consultant “who is employed in the independent professional capacity by the Crown to carry out the Services and includes their executors, administrators, legal successors and permitted assigns”. [9] The agreement states, at cl 2.2, that the consultant was an independent contractor and that “nothing in this agreement shall be deemed to create an employment, joint venture, partnership or agency relationship b...

4. ENVC Hearing 6Oct14 TGKL case law 2 Paku Bay [pdf, 142 KB]

   ...of the Act [46] The Environment Court noted that the construction and operation of a marina is a restricted discretionary activity in Tairua Marina Zone 1, and a discretionary activity in Zone 2. Other proposed activities were either discretionary, permitted, or non-complying. It held that the proposal should be assessed as a non-complying activity.23 [47] There was no challenge to this finding. [48] Section 104D(1) applies to resource consent applications for non-complying activities. It pr...

5. [2020] NZIACDT 48 - ED v Registrar (19 November 2020) [pdf, 242 KB]

   ...her. [43] It was noted by the Registrar that the Tribunal had previously drawn a line between clerical work and immigration advice.3 It appeared that the activities undertaken by Ms N fell under the definition of “clerical work” which was permitted to be undertaken by unlicensed individuals (matters such as collecting personal information and documents, sending invoices, forwarding letters from Immigration New Zealand, helping the appellant to open a bank account and the like...

6. Hawkes Bay Standards Committee v Hancock [2011] NZLCDT 39 [pdf, 221 KB]

   ...Charge 7 unsatisfactory conduct under s.12(a), (b) & (c) LCA: Charge 1 - Persistently Overdrawn Trust Account - Law Practitioners Act 1982 (“LPA”) Whilst in practice on his own account as a sole practitioner, prior to 1 August 2008, he permitted his firm’s accounts within the trust account to be overdrawn in a manner that was both persistent and substantial, and he was thereby in breach of s.89(1) LPA, Regulation 5(2) of the Solicitors’ Trust Account Regulations 1998 (“ST...

7. [2021] NZEnvC 056 Smith v Nelson City Council [pdf, 936 KB]

   ...drains on this lot. In the event that a subsoil drain is damaged it shall be repaired or replaced under the direction of a Chartered Professional Engineer practising In Geotechnlcal Engineering. (b) The owner of lot 88 DP380044 shall not undertake or permit any activity that obstructs or Interferes with the outlet of any subsoil drain. The Consent Notice shall be prepared by the Consent Holder's solicitor and submitted to the Council for approval and signing within six months followi...

8. Sax v Commissioner of Police (Strike-Out – Discrimination) [2022] NZHRRT 33 [pdf, 173 KB]

   ...applied by the Tribunal when considering whether to strike out a claim are those articulated by Richardson P in Attorney-General v Prince and Gardner [1998] 1 NZLR 262 (CA) at 267. [39] Section 115A mirrors r 15.1 of the High Court Rules 2016 which permits the High Court to strike out all or part of a pleading if it is an abuse of process. The jurisdiction is to be used sparingly. See Williams v Police [2021] NZHC 808 (2021) 12 HRNZ at [73]- [76], [87]. [40] An abuse of process can...

9. [2017] NZEnvC 062 Pukekohe East Community Society Incorporated v Auckland Council [pdf, 1.8 MB]

   ...complete road closures are to be submitted at least 30 working days prior to the anticipated closure date. Work on the road reserve covered by the specific CAR shall not commence until the requiring authority is in possession of a Works Approval Permit from Auckland Transport. All work shall be carried out in accordance with the National Code of Practice for Utility operators' Access to Transport Corridors and any other CAR specific conditions agreed between Auckland Transport and W...

10. Sax v Commissioner of Police (Strike-Out – Privacy) [2022] NZHRRT 34 [pdf, 247 KB]

    ...applied by the Tribunal when considering whether to strike out a claim are those articulated by Richardson P in Attorney-General v Prince and Gardner [1998] 1 NZLR 262 (CA) at 267. [43] Section 115A mirrors r 15.1 of the High Court Rules 2016 which permits the High Court to strike out all or part of a pleading if it is an abuse of process. The jurisdiction is to be used sparingly. See Williams v Police [2021] NZHC 808 (2021) 12 HRNZ at [73]- [76], [87]. [44] An abuse of process can...