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1. INZ (Gilray) v Croxson [2019] NZIACDT 72 (18 October 2019) [pdf, 142 KB]

   ...under the direction of another person [50] In Immigration New Zealand (Calder) v Ahmed, the Tribunal set out the principles applicable to distinguishing clerical work from immigration advice.15 [51] Persons who are not licensed (or exempt) are permitted to undertake clerical work only. In essence, such a person can do no more than retrieve and then record or organise information, enter data on a computer database or hard copy schedule, or record information on a form or other like...

2. Proactive release – Amendments to the District Court Rules 2014, High Court Rules 2016, Court of Appeal (Civil) Rules 2005, Court of Appeal (Criminal) Rules 2001, Supreme Court Rules 2004, and Criminal Procedure Rules 2012 [pdf, 1.7 MB]

   ...Rules 2021 amend the Supreme Court Rules to allow the Supreme Court to receive electronic filing of all documents, including initiating documents. The amendments allow the practice to continue past the expiry of the Epidemic Notice, which currently permits the practice. Criminal Procedure Amendment Rules 2021 15. The Criminal Procedure Amendment Rules 2021 make minor changes to the Criminal Procedure Rules, including: 15.1. requiring that all documents filed in a criminal registry na...

3. Henton v CAC302 & Barfoot & Thompson Ltd [2015] NZREADT 70 [pdf, 243 KB]

   ... That the matter of the handling of the complaint has been fully dealt with in the Tribunal decision, and therefore the Committee takes no further action on this matter. Reason 1 3.2 The licensee seems to acknowledge that the legal position permitted deduction of commission from the deposit, but feels that the circumstances were such that they (Barfoot & Thompson Ltd) should have applied more thought and discretion to the issue. The Tribunal noted that the complainant had felt...

4. Franklin v CAC 20005 & Bailey [2013] NZREADT 77 [pdf, 51 KB]

   ...behalf of the particular interested party. [50] For the above reasons, this appeal is dismissed. Put another way, we agree with the views and findings of the Committee. [51] Mr J E Bayley, counsel for the licensee, also noted that the Committee permitted publication of its decision but with names and identifying details omitted. He requests that leave be reserved for him to make submissions concerning publication of our decision. We reserve leave accordingly and, of course, any app...

5. [2023] NZEnvC 086 Bay of Islands Maritime Park Incorporated v Northland Regional Council [pdf, 4 MB]

   ...Tangaroa Protection Areas – manage adverse effects; (c) C.1.10 Te Hā o Tangaroa Protection Areas; (d) C.1.10.1 Temporary or permanent minor damage or destruction or removal of fish, aquatic life or seaweed in Te Hā o Tangaroa Protection Area – permitted activities; (e) C.1.10.2 Temporary or permanent damage or destruction or removal of fish, aquatic life or seaweed in a Te Hā o Tangaroa Protection Area – prohibited activities; (f) Maps – Te Hā o Tangaroa Protection...

6. Samuela v Accident Compensation Corporation (Prelimary jurisdiction issue) [2023] NZACC 162 [pdf, 262 KB]

   ...leave entitlements. [17] While the facts of Mr Folau’s case are different, the issue is the same. Both involve abatement of leave payments received by a claimant during their pre-incapacity employment. Further, Mr Folau’s employer was only permitted to abate his leave entitlement and compel Mr Folau to use the leave because of the Corporation’s interpretation of the abatement provisions. The Corporation gives the employer undue influence to decide whether leave entitlemen...

7. [2022] NZEnvC 090 Cable Bay Wines Limited v Auckland Council [pdf, 397 KB]

   ...process has been extended and costly. (b) arguments advanced by Cable Bay were without substance. (c) there was an abuse of the Court's process when Cable Bay disregarded the Court's directions in the Second Interim Decision when they permitted a wedding ceremony to take place in an unauthorised area. ( d) the case for Cable Bay was poorly pleaded or presented with respect to the quality, clarity and comprehensiveness of the submissions, evidence and conditions as they w...

8. [2015] NZEmpC 63 Premier Events Group Ltd v Beattie Ors [pdf, 249 KB]

   ...proceedings are in each court; 11 MacKay Refined Sugars (NZ) Ltd v NZ Sugar Co Ltd [1997] 3 NZLR 476 (HC) at 482, (1997) 11 PRNZ 295 at 301. (i) whether the law should strive against permitting multiplicity of proceedings in relation to similar issues; and (j) generally balancing the advantages and disadvantages to each party. [31] Addressing what might be called these McKay Refined Sugars tests, I conclude as follows....

9. [2019] NZEnvC 151 The Otahuao Burial Ground Trust v Heritage New Zealand Pouhere Taonga [pdf, 6.9 MB]

   ...construction fencing shall be established to avoid any impacts from construction works upon fish traps P0S/867 and P0S/988 outside the 11 disturbance footprint" . No works or machinery operations associated with the construction works shall be permitted beyond the temporary construction fencing without the prior written consent of the Regional Archaeologist HNZPT. Should machinery or materials associated with the works be stored, or vehicles associated with the works be parked, off-...

10. Quin v REAA & Knaptondocx [2012] NZREADT 13 [pdf, 221 KB]

    ...neither relieved the licensee from the representations she made to the complainant, nor meant that the complaint must be considered under the 1976 Act. Decision of Committee on Orders Relief sought by Complainants [7] The complainants were permitted to file submissions on what, if any, order should be made and, if they sought relief under s.93(1)(f) of the 2008 Act, were required to specify the amount sought with reference to quotations and invoices. It needed to be established t...