Search Results

1. [2021] NZEmpC 198 Head v Chief Executive of the Inland Revenue Department [pdf, 388 KB]

   ...future disputes. [83] The Court went on to conclude that conventional cost principles may not apply, at least with the same force, to cases which have broad implications of the kind that were before that Court. The discretion given by the Act permitted the Court, under the unique regime of employment relations, to do justice by taking account of the general importance of these factors.33 30 Head v Chief Executive of the Inland Revenue Department [2021] NZCA 483 at [7]. We no...

2. [2024] NZEmpC 131 Boyd v OJI [pdf, 363 KB]

   ...is so significant that a consideration of merits is necessary, albeit on a provisional basis. My consideration of this topic must begin by referring to the substantive determination because unless leave is granted to challenge it, the case for permitting challenges to the subsequent determinations becomes weak, as I will explain. [128] My initial assessment is that Mr Boyd’s prospects of success in challenging the key findings in the first determination are not strong. [129] I...

3. Short v Stowers - Te Tumu Kaituna 14 Block [2020] Māori Appellate Court MB 141 (2020 APPEAL 141) [pdf, 274 KB]

   ...variation of trust order application? Background [4] The appellants had applied to change the status of 55.48 ha out of 240.7626 ha of Te Tumu Kaituna 14 from Māori freehold land to General land. They also sought to vary the trust order to permit the creation of legal entities for the commercial administration of the land. Significant developments had been undertaken on neighbouring Māori land, and it was said that the trustees saw this as an opportunity to develop Te Tumu Ka...

4. [2021] NZEnvC 118 Drach v Tasman District Council [pdf, 2.4 MB]

   ...along Dawson Road as shown on the application plans. For completeness, the Proposal includes discharge of treated domestic wastewater to a denoted part of Lot 2 (the Estates presently not having reticulated se1·vices). However, tl1e discharge permit granted for this part of the Proposal was not appealed. [5] As is the case for other residential properties in the Estates, the Shirleys' property is the subject of a consent condition restricting application for consent for further...

5. Algie & Ors v ACC [2013] NZACA 1 [pdf, 118 KB]

   ...appellants’ claims are properly considered in light of Broadbelt and Mollgaard, that although there is no specific provision in the 1972 and 1982 Acts for payment for attendant care that was originally provided on a gratuitous basis, such a payment is permitted under ss 121(1) and (80(1) on application by the injured person, as such care is congruent with the purposes of the Act and the objectives of the rehabilitation provisions. The power to make payments now under the 1972 and 1982...

6. Naera v Fenwick - Whakapoungakau 24 Tikitere Trust [2011] Māori Appellate Court MB 316 (2011 APPEAL 316) [pdf, 194 KB]

   ...dated 11 October 2004, 4 December 2006 and 3 April 2009 are invalid; 2) A declaration that the powers conferred under clause 3 of the Trust Order, as limited by the rest of the Order, Te Ture Whenua Māori Act and trust law in general do not permit the trustees to enter into the geothermal agreements without seeking the opinion of the owners and/or a valid variation of the Trust Order; 3) A declaration that the trustees were legally obliged to consult with the Trust‘s benefici...

7. International Covenant on Civil and Political Rights - summary record 4th report [pdf, 51 KB]

   ...said that those visas were required by permanent residents who might temporarily leave New Zealand and by those New Zealand citizens who might choose to enter New Zealand using the passport of another country. With regard to permanent residents, a permit for permanent residence expired on exit from New Zealand unless a returning resident’s visa was obtained. Such a visa distinguished permanent residents from other types of visitors to New Zealand. New Zealand citizens were required t...

8. [2022] NZEnvC 231 Hurupaki Holdings Limited v Whangarei District Council [pdf, 966 KB]

   ...Beverage Activity shall be established within Lot 22 as approved under the subdivision consent forming part of this decision. 5. As offered by the consent holder, the proposed building and associated café activity shall comply with the following permitted activity rules of the Proposed District Plan (appeals version as at the date of this decision) unless separate resource consent approval is obtained: a. GRZ-R3 Building and Major Structure Height: b. GRZ-R4 Building and Major Structure...

9. Folwell & Anor as Trustees of the Paul and Pauline Folwell Family Trust v NC Developers Ltd 2010] NZWHT Auckland 11 [pdf, 269 KB]

   ...Mr Paul Folwell to undertake and control the organising of the extension work. He Page | 5 engaged TSE Architectural Group to draw up plans for the extensions principally for obtaining the necessary territorial authority building permit. The third respondent was often contracted by Mercury Construction Limited for its building work and the third respondent indicated that he contracted all such work through his company NC Developers Limited of which he is sole director...

10. E12 John Mckensey - Lighting - EIC - Applicant [pdf, 4.6 MB]

    ...available for night works and that receptors who may be affected by construction lighting illuminance are notified prior to the works being undertaken (refer to Section 7 of the CEMP for detail of the Project stakeholder notification procedures and the permit to notify process). The following matters shall be included in night works planning documents: 1. Identification of sensitive receptors and other stakeholders potentially affected by construction lighting illuminance as a result of p...