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1. EI v SB & HS [2015] NZDT 1437 (28 October 2015) [pdf, 300 KB]

   ...from the commencement of the liquidation of a company,— (a) The liquidator has custody and control of the company's assets: (b) The directors remain in office but cease to have powers, functions, or duties other than those required or permitted to be exercised by this Part of this Act: (c) Unless the liquidator agrees or the Court orders otherwise, a person must not— (i) Commence or continue legal proceedings against the company or in relation to its property; or (ii) Ex...

2. LCRO 100/2020 FT v D and O CM (9 June 2020) [pdf, 177 KB]

   ...36/2009 (27 March 2009), LCRO 230-2017 (15 December 2017). 4 Epidemic Preparedness Act 2006, sch 2, cl 1. 3 [14] That inquiry is necessary in order to establish whether the discretion allowed under sch 2 of the Epidemic Preparedness Act 2006 which permits courts or tribunals to extend the timeframe for filing applications, ameliorates the strict approach Review Officers have historically adopted when considering review applications that have been filed out of time. [15] The fun...

3. [2016] NZSSAA 64 (30 June 2016) [pdf, 187 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. [25] 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...

4. TT Ltd v TG Trust [2022] NZDT 136 (17 August 2022) [pdf, 152 KB]

   ...consent was available and had been approved. In this regard, I note that the quote dated 12 April 2017 that the Applicant provided to the Respondent noted that it was subject to the Applicant’s terms of trade which included that “Consents and permits are the responsibility of the client/main contractor. A copy of the approved consent is required before we can begin works.” (page 1 of the quote). However, the Applicant completed the works without obtaining a copy of the relevant appro...

5. [2022] NZEnvC 076 Pipers Limited Partnership v Auckland Council [pdf, 537 KB]

   ...plan General rules The General Rules in Chapter 3 apply across the entire Plan, except for the RPS and where a rule specifically provides otherwise (Rule C1.1(1)). Rule C1.7(1) states that an activity that is not specifically classed as a permitted, controlled, restricted discretionary, discretionary, non-complying or prohibited activity is a discretionary activity unless otherwise specified. Further, Rule C1.10(1) states that each activity listed in an activity table must “...

6. ENVC Matiatia party corresp WMLFeb15 affidavit D Mitchell [pdf, 3.6 MB]

   ...used. Short Term Parking and Availability 27. The short term parking area is located at the western end of the ferry terminal parking area, next to the main public pay and display parking area. It has 24 parking spaces and these have a maximum permitted parking duration of 30 minutes. They are typically used by people dropping off or picking up ferry passengers. 28. Surveys were undertaken on Saturday 24 January 2015 and 6 Wednesday 28 January 2015 to investigate the existin...

7. [2015] NZSSAA 014, 13 March [pdf, 58 KB]

   ...have been no documentation of this and there is no precise figure as to what is owing. [42] Not only does XXXX pay for the outgoings on the house, including the power, but she also pays for the running expenses in relation to the car. XXXX is permitted to use the vehicle. [43] Moreover, while it is alleged that the appellant and his wife cook and eat separately, we infer from XXXX evidence that there is an understanding between them that XXXX is able to consume whatever f...

8. (9) Hamilton City Council [pdf, 321 KB]

   ...wetland may be necessary. 19. Relevantly, the ongoing maintenance of infrastructure wetlands for treating stormwater is ordinarily required through conditions of resource consent for stormwater discharge, issued by WRC, or are controlled by permitted activity standards in the Waikato Regional Plan3. 2 Gross pollutants include litter such as plastics, paper, cans, pieces of wood and other detritus that gets dropped or discarded in road corridors or carparks and becomes e...

9. [2022] NZEmpC 64 Courage v Attorney-General [pdf, 229 KB]

   ...case, absent a copy of the documentation requested. Finally, it is notable that the Guidelines for Remote Viewing of Hearings14 which apply to any hearing in respect of which the Court has made a direction that remote viewing of the hearing is permitted, sets out a number of restrictions that must be complied with,15 but provides that the usual courtroom etiquette in relation to note-taking does not apply.16 It follows that had the technological difficulties not occurred, the Trus...

10. BORA Building Bill - Preliminary [pdf, 55 KB]

    ...court order to this effect. Cost recovery may be achieved through the destruction, sale, or disposal of any materials that result from the carrying out of the work. 20. Clause 55 gives rise to an issue with section 21 of the Bill of Rights Act as it permits the confiscation, or seizure, of another person's property. The general power conferred by clause 55 will only apply where the right to recover costs has been established, and would follow a court order authorising the relevant...