Search Results

1. [2018] NZEmpC 93 Jacks Hardware and Timber Ltd v First Union Inc [pdf, 360 KB]

   ...facilitator seemed to take little notice of that distinction without outlining why that was. [83] Mr Cranney said that this was a clear reference to statements made by the company in facilitation, and that the Union would contest this but is not permitted to do so. [84] Mr Upton submitted this was a reference to statements made outside the facilitation. I disagree, since the witness intends to go on and say the facilitator took little notice of the point being made by the compa...

2. [2017] NZEnvC 154 W Hansen Haupouri Partnership v Hastings District Council [pdf, 992 KB]

   ...ecological and other attributes of the wider area. Mr Hansen clearly S v The NZ King Salmon Co Ltd [2014] 1 NZLR 593(SC) 10 farming, properly so called, so his farming operations will not be unreasonably restricted by removing that activity from the permitted or controlled activities on the Disputed Area. [26] Other PDP provisions we see as particularly relevant to the issues in question are these: OBJECTIVE RRS04 To ensure that the natural, physical, and cultural resources of...

3. CC v BB LCRO 151/2012 (11 December 2015) [pdf, 155 KB]

   ...property, but the construction of the dwelling did not proceed and 1 Letter attached to complaint form (26 March 2012). 2 Agreement for Sale and Purchase (all versions). 3 Various correspondence from [The Firm]. 2 the consent was amended to permit the conversion of the garage/workshop to an accessory (habitable) building. [4] In April building consent [XYZ] was issued for a new dwelling. [5] Code Compliance Certificates were required for the works authorised by these...

4. Mitchell v Accident Compensation Corporation [2019] NZHRRT 29 [pdf, 206 KB]

   ...the investigation and resolution of complaints by the Commissioner. Sections 82 and 83 set out the circumstances in which proceedings under the Privacy Act can be brought in the Tribunal. Their effect is that proceedings before the Tribunal are permitted only where an investigation by the Commissioner has been conducted under Part 8, or where conciliation (under s 74) has not resulted in settlement: Director of Human Rights Proceedings [NKR] v Accident Compensation Corporation [2014] NZ...

5. [2021] NZACC 182 – Sutherland v ACC (16 November 2021) [pdf, 363 KB]

   ...was capable of returning to her pre-injury role. He confirmed that the appellant would be limited in the role because of the continual standing requirements. He recommended a graduated return to work, increasing floor time and allowing rest, to permit the ankle to become better conditioned. [15] On 20 October 2015, the Corporation formally accepted cover for a partial tear of the lateral ligament. [16] In October 2015, the appellant worked, at a peak, 24.5 hours a week....

6. [2024] NZEnvC 015 Caseley v Hastings District Council [pdf, 787 KB]

   ...to, finance or contribute to any application, proceeding or appeal (either pursuant to the Resource Management Act 1991 or otherwise) designed or intended to limit, prohibit or restrict the continuation of the operations of any lawfully established, permitted or consented rural activity (including forestry, agricultural and residential activities) on the Winirana property, including without limitation any action to require such rural activities carried out on that land to be modified....

7. [2021] NZEmpC 25 Smiths City (Southern) Ltd (in receivership) v Claxton [pdf, 296 KB]

   ...She referred to the evolution in the law being inevitable because it was based not on fixed rules or principles but public policy and, therefore, had to adapt to changing social circumstances.15 While the policy has evolved, it seems to have permitted exemptions for some time; prohibited transactions do not extend to preventing financial support by relatives and friends or by trade unions. Subrogation under insurance policies does not offend the principles against assignment of c...

8. [2021] NZREADT 54 – Complaints Assessment Committee 2106 v Mathers (6 December 2021) [pdf, 257 KB]

   ...reduction recognising the Registrar’s public interest role and the fact that the full burden of costs should not fall on the industry as a whole. Discussion [52] The Tribunal has a broad discretion to award costs.33 Section 110A of the Act permits the Tribunal in “any” proceedings to make “any” award of costs, that “it thinks fit”. The Tribunal may take into account the factors listed at s 110A(2). They are not exhaustive. [53] On behalf of the defendant, Mr Her...

9. Otago Standards Committee v Rayner [2014] NZLCDT 62 [pdf, 87 KB]

   ...the New Zealand Law Society which in turn was forwarded to the Otago office of the Lawyers Complaints Service. The complaint alleged that M had given his card to the practitioner to pay outstanding legal fees and stated that a barrister is only permitted to act with an instructing solicitor and is prohibited from dealing with client funds. 6 [18] The Complaints Service wrote to the practitioner on 17 April 2012 enclosing a copy of the complaint against him from Dr Crawshaw....

10. 2020-10-16-EPA-PC1-Summary-of-Submissions-Further-Submission-Spreadsheet.xlsx [xlsx, 34 KB]

    ...7.6.11 10019 10019.7 Dunedin City Council Support Delete rule. Y Y Plan Change 1 10019 10019.8 Dunedin City Council Support Amend to support wider waste management issues in line with the Waste Minimisation Act 2008 and other industry best practice, in particular permitted landfilling rules for cleanfills; offal pits and farm landfills. Y Y FS106 Aukaha Ltd. on behalf of Te Rūnanga o Moeraki, Kāti Huirapa Rūnaka ki Puketeraki, Te Rūnanga o Ōtākou and Hokonui Rūnanga Oppose Policy 6.4....