Search Results

1. [2010] NZEmpC 6 Ora Ltd v Kirkley [pdf, 44 KB]

   ...the Court to make an award. Because of the unusual course that this case took it was incumbent upon the defendant to ensure that the plaintiff was aware of all aspects of her claims before it made its decision to conduct itself in a way which permitted the defendant to pursue her remedies without opposition. I therefore accept Mr Brant’s submissions that it would prejudice the plaintiff if the defendant was allowed to amend her pleadings after the judgment dealing with the remed...

2. [2023] NZEmpC 232 Ministry of Business, Innovation and Employment v Duan [pdf, 265 KB]

   ...repealed the Maternity Leave and Employment Protection Act 1980 (MLEPA), which also used the phrase “date of confinement” in ss 9, 11, and 12 without definition. MLEPA repealed the Factories Act 1946, which stated in s 38(1): “No woman shall be permitted, during the period of six weeks immediately following her confinement, to work in any factory other than a factory in which only members of the same family are employed.” Section 38(1) of the Factories Act 1946 appears to ha...

3. BORA Identity (Citizenship and Travel Documents) Bill [pdf, 139 KB]

   ...Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR), to which New Zealand is a party, confirms that everyone shall be free to leave any country, including his or her own.1 However, the ICCPR permits certain restrictions on this right, including where it is necessary to protect national security, public order, or the rights and freedoms of others. 2 29. As outlined above, clauses 23, 26, 30, 33, and 34 provide for the refusal of iss...

4. LCRO 20/2020 WD and FJ v EG, SN and PL (7 April 2022) [pdf, 354 KB]

   ...responses to the complaints.4 [47] The complainants said that if the practitioners (including Mrs A) or the vendor’s solicitor had properly checked the LIM report prior to settlement, they would have ascertained that the garage had been “permitted” in 1989, and that there were no outstanding Council concerns. This fact came to light in September 2018, when the senior council inspector wrote to the parties with that information. [48] The outcomes sought by the complainants i...

5. [2022] NZEnvC 069 Otago Regional Council [pdf, 356 KB]

   ...greenwaste landfills, if new applications for resource consents are lodged. [43] New Policy 7.4.11 would not apply to existing landfills operating under an existing resource consent, unless a change in the operation of that landfill meant a relevant permitted activity rule could not be complied with.47 [44] Ms Lee disagrees that the purpose of PC1 is not explicit and refers to the affidavit filed in support of the provisions agreed at mediation, which includes further detail of...

6. Grant v Grant - Succession to Harry Grant (2021) 104 Tairawhiti MB 122 (104 TRW 122) [pdf, 275 KB]

   ...https://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?id=DLM291587#DLM291587 104 Tairawhiti MB 130 entitled to succeed to these interests. The question then becomes what is the legal basis upon which I can make such a determination. [17] I am mindful of the fact that s 115 no longer permits the Court to determine that a whāngai is entitled to succeed. Section 116 cannot cure the problem because it only makes provision for whāngai with no descent and is limi...

7. McArthur Ridge – EiC – D T Jordan - Viticulture (4 Feb 2021) [pdf, 228 KB]

   ...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 IN THE MATTER o...

8. Enviro Waste Services Ltd v Accident Compensation Corporation (Claim for Work Related Injury) [2024] NZACC 28 [pdf, 208 KB]

   ...s135 is mandatory, but a flexible approach may well be taken where defects in identifying decisions, grounds, or relief can be remedied before a review, much in the way of amendments to pleadings. A flexible application of the section cannot be permitted when ss 135 and 146 combine to produce a deemed decision. In that case the two sections must be read together to avoid uncertainty. The legislature could not have intended that meaningless or ambiguous deemed decisions should arise...

9. Fish & Game - EiC - I B Cole (5 Feb 2021) [pdf, 175 KB]

   ...extreme low flows will be even more pronounced. Given the “public” expectations over historic overallocation have been on hold since 1991 it makes even less environmental sense to 2101895 | 5756046v1 page 10 issue long term water right permits at this present time. The public, in my view, have been very patient. 52. The environment should be the first priority in any management regime. I believe the rivers represent the “arteries of the land” and as such should be...

10. EA v WSC2 LCRO 11 / 2011 (24 June 2011) [pdf, 124 KB]

    ...raised by the Applicant in an application for review of the Committee‟s decision following completion of its investigation. Section 200 of the Lawyers and Conveyancers Act requires the LCRO to conduct a review with as little technicality as is permitted by the Act, a proper consideration of the review and the principles of natural justice. Nothing would be achieved by deferring a decision on this issue until the investigation is completed and a decision issued. [c] The Standa...