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1. National Standards Committee 1 v Name Suppressed [2021] NZLCDT 5 [pdf, 150 KB]

   ...document, information, or matter would be admissible in a court of law. (2) The Disciplinary Tribunal may take evidence on oath, and, for that purpose, any member of the Disciplinary Tribunal may administer an oath. (3) The Disciplinary Tribunal may permit a person appearing as a witness before it to give evidence by tendering a written statement and verifying that statement by oath. (4) Subject to subsections (1) to (3), the Evidence Act 2006 applies to the Disciplinary Tribunal in...

2. MVDT Annual Report 2011-2012 (Auckland) [pdf, 231 KB]

   ...(c) Traders are swapping worn for new parts following compliance When newly imported vehicles come into New Zealand they are subject to a stringent checking process called compliance to ensure that only safe and properly repaired vehicles are permitted to be registered for use on our roads. Very often as part of compliance an imported vehicle is required to have parts considered to be worn or damaged parts replaced. During the past year there has been three occasions where a vehic...

3. Clarke v Rewha - Hauai No 2G Sec 2B (2019) 186 Taitokerau MB 68 (186 TTK 68) [pdf, 366 KB]

   ...chattel depends on the degree and purpose of annexation. It is accepted that the shed was built on a concrete pad. This annexation indicates the shed is a fixture. [15] The minutes from a meeting of the Works Trust in 1990 state that Tommy permitted “the temporary use of land to erect the works trust garage”. In some cases, a temporary building may be considered a chattel. In Anderson – Te Raupo,4 Judge Ambler considered whether a house built pursuant to a tripartit...

4. [2021] NZEnvC 035 The New Zealand Refining Company Limited v Whangarei District Council [pdf, 1.1 MB]

   ...meant by ''al/011/', stating in the explanation that it is appropriate "to provide for these proposals in a stmighifonvard manner ... ". "Allow" could be following an assessment by a decision maker or through a permitted or controlled activity status. [31] As the hearing commissioners have inserted the RPS policy 5.3.3(3) list of decision-making factors into both policies DGD-P16 and P17, the parties consider that amending DGD-P16 so that each poli...

5. [2020] NZEnvC 215 Awatarariki Residents Incorporated v Bay of Plenty Regional Council [pdf, 2.2 MB]

   ...property on parts of the debris flow area was high. In 2016, the Ministry of Business, Innovation and Employment concluded in terms of the Building Act 2004 that because of the high probability that loss of life could occur, houses should not be permitted to be built there. On that basis it was concluded that the area is subject to a significant natural hazard which precludes any form of permanent occupation. [6] A programme of managed retreat was subsequently determined to be the m...

6. 2021-07-02 Strath Clyde Water Ltd, McArthur Ridge Vineyard Ltd and Mount Dunstan Estates Ltd - Closing Submissions [pdf, 722 KB]

   ...norman.elder@awslegal.co.nz Email: kgr@kelvinreid.co.nz IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 IN THE MATTER of the Water Permits Plan Change – Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND...

7. [2018] NZLCDT 24 Auckland Standards Committee 5 v Ellis [pdf, 558 KB]

   ...30 August 2010 in a sum exceeding the fee invoice, in the manner described in Particular 4. (c) Charged Ms B a fee in the amount of $1,595.63 including GST and disbursements by invoice dated 9 March 2016, in the absence of a contract of retainer permitting him to charge a fee and without having undertaken any authorised legal work; and (d) Deducted that fee from Ms B’s funds then in his trust account; without authority and in the absence of a contract of retainer, and contrary to...

8. BB v WT & Ors LCRO 55/2015 (9 October 2015) [pdf, 63 KB]

   ...initially sought to challenge an aspect of a Standards Committee decision, not by exercising the statutory power of review, but by lodging a separate complaint against the Standards Committee members who delivered the decision. [14] That approach, if permitted, would have serious consequences for the disciplinary process, and potentially provide an insurmountable obstacle to the fundamental objective of ensuring that complaints are dealt with expeditiously. [15] Mr BB’s applicat...

9. [2018] NZEmpC 16 Nathan v Broadspectrum (New Zealand) Ltd [pdf, 293 KB]

   ...call”, but was something Mr Nathan would need to take up with James Irvine (Mr Whittington’s manager). [16] Mr Nathan immediately applied to the Court for a further fine to be imposed. He invited the Court to impose the maximum fine of $40,000 permitted by s 140 of the Act.17 Broadspectrum opposed the application maintaining it had complied and that the circumstances do not warrant a fine. As an alternative it said any fine should be modest.

10. [2018] NZEmpC 81 Wood v NZ Cupolex Ltd [pdf, 285 KB]

    ...in cl 14 of sch 3 of the Employment Relations Act 2000. [37] The parties are to calculate the correct amounts. If that has not occurred within 21 days, I reserve leave to Mr Wood to return to Court providing the information which will permit the necessary calculation to be made. [38] The findings of the Authority relating to the tenure bonus are set aside. [39] Costs are sought. I am not persuaded that NZCL should pay the costs of the challenge. It appears the Authorit...