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1. [2008] NZEmpC AC 8B/08 Taylor Worldwide Publishers Ltd (In Liquidation) v von Tunzelman [pdf, 42 KB]

   ...unjustified. [7] In an interlocutory judgment1 the Chief Judge held that because Mr Taylor had obstructed the Authority’s process in a number of ways the nature and scope of the hearing for this challenge should be limited. Mr Taylor was not permitted to challenge the assessment of the quantum of the commissions which the Authority had found was owed to Mr von Tunzelman. Beyond that, the challenge was to proceed in the usual way.

2. VJ & VL v AE LCRO 88 / 2012 (14 May 2013) [pdf, 115 KB]

   ...12 As at n 11 at [19]. 13 As at n 12. 14 As at n 12. 7 They challenge the Practitioner’s claim that the resolution they “sought was achievable if [they] had continued with her counsel for a sentence indication that would have permitted [them] to resolve the matter and leave New Zealand in the shortest amount of time possible.” 15 The Applicants wrote that the Practitioner’s “proposed resolution was never on the table,” 16 presumably meaning that there...

3. Canterbury Earthquakes Insurance Tribunal - Further Decisions [pdf, 536 KB]

   ...insurance contracts means that, even if a shared issue is determined, individual cases still need to be settled separately in respect of the specific damaged property. We consider there is a risk that the Tribunal would be overwhelmed if it were permitted to hear class actions, and its ability to progress other cases would suffer. Further, the Tribunal already has features such as no fees, pro-active case management and funded mediation, which support efficiency and accessibili...

4. [2024] NZEmpC 139 Singh v Singh [pdf, 234 KB]

   ...requirement that the applicants each pay a premium. The reference was probably made by way of explaining the application of the principle. I do not take that point any further. Mr Singh’s submission about piercing the corporate veil if a statute permits that course was linked to the ability to apportion compensation under s 123A of the Act. In other words, to the earlier submission about the respondent being a controlling third party for the purposes of apportioning liability...

5. 2017 NZSSAA 034 (4 July 2017) [pdf, 115 KB]

   ...position in the belief that he or she was entitled to that sum and would not have to pay or repay that sum to the chief executive; and (b) it would be inequitable in all the circumstances, including the debtor's financial circumstances, to permit recovery. (9B) In subsection (9A), error— (a) means— (i) the provision of incorrect information by an officer of the department: (ii) any erroneous act or omission of an officer of the department that occurs during an inve...

6. 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...

7. 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...

8. 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...

9. [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...

10. [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...