Search Results

1. COVID-19 Communications to Family Violence Providers [pdf, 321 KB]

   ...available for individual programmes in exceptional circumstances, but steps must be taken to protect bubbles. (eg, safety programme service to clients in safe house, or new assessment for high risk client). • No face to face group delivery is permitted. • Staff can work from the office if they are not able to work from home however they are not to allow clients onto the premises • Contract managers should be informed of any face to face programme delivery. • NVP clients...

2. BORA Social Security (Long-Term Residential Care) Amendment Bill [pdf, 136 KB]

   ...whether the limit on the right to be free from discrimination on the grounds of age can be justified in terms of section 5 of the Bill of Rights Act. 42. The objective of the Bill is to remove the burden of asset testing as quickly as resources permit. In order to meet this objective a scheme that provides for the progressive removal of asset testing to persons over 65 is proposed. We consider this is reasonable taking into account the following factors: i. Approximately 97% of those...

3. [2018] NZEmpC 56 Rodionov v Ozone Technologies Ltd [pdf, 363 KB]

   ...broad that the Authority, and now the Court, could take into account the fact that an erroneous conclusion had been reached, Mr Gray was unable to provide any case law in support of this proposition. In my view, the discretion in cl 15 does not permit the Authority to override its previous conclusions; it had no option but to determine costs according to the actual outcome. Nor is it appropriate for the Court now to effectively rehear and re-determine the merits of a claim, when th...

4. Sutton v Real Estate Agents Authority (CAC 411) & Fear [2017] NZREADT 27 [pdf, 243 KB]

   ...whatever manner the Committee thinks fit. [43] Section 88 of the Act sets out the Committee’s wide powers as to the evidence it may receive (subsection (1)). Those powers include taking evidence on oath (subsection 2), and the Committee may permit a person appearing as a witness before it to give evidence by tendering a written statement which may be verified by oath (subsection 3). It is apparent that a hearing on the papers is the customary procedure, unless the Committee dire...

5. McNicholl v CAC416 & O'Loughlin [2019] NZREADT 32 - Penalty (2 August 2019) [pdf, 276 KB]

   ...rectify or put right or correct an error or omission, or, where rectification is not practicable, to provide relief from the consequences of an error or omission. One example was where a licensee assured prospective purchasers that the vendor would permit early possession of a property and the purchasers, in reliance on that assurance, contracted to sell their existing home with settlement before that of the 9 Quin, above fn 9....

6. Youth Court - 10 ideas that might “cross-pollinate” from the Youth Court into the adult District Court [pdf, 301 KB]

   ...orders that they make (supervision with activity or supervision orders).12 Judicial monitoring in the adult jurisdiction is certainly possible. The Sentencing Act 2002 already effectively allows for judicial monitoring in some situations. It permits the court to impose a condition of judicial monitoring on a sentence of intensive supervision (s 54I(3)(d)) and on a sentence of home detention (s 80D(4)(d)). Where judicial monitoring is ordered, probation officers must make written...

7. Forrest v Kamara Developments Ltd [2010] NZWHT Auckland 28 [pdf, 146 KB]

   ...KDL through its principal, Ms Rollinson, applied to the Waitakere City Council for a building consent to construct a residential dwelling on its land at 29C Kamara Road, Glen Eden, Auckland. After the Council approved and issued the building permit on 1 March 2001 KDL and Ms Rollinson then engaged Mr Rudolph as a labour-only builder to undertake the building for the concerned dwelling. [6] Between March 2001 and 19 October 2001 the Council carried out inspections of the buil...

8. BZ v FI LCRO 245/2013 (5 April 2016) [pdf, 67 KB]

   ...submissions that Mr and Mrs BZ had expectation that the review process would allow them opportunity to call and cross-examine witnesses. 6 [25] The review process is not comparable to a court hearing. No cross examination of witnesses is permitted in a review hearing. [26] Whilst I was reluctant to allow opportunity for Mr BZ to file further information after the hearing had been concluded, it being his responsibility to have all his evidence put before the LCRO prior to t...

9. [2021] NZEnvC 078 Robins Road Queenstown 2013 Limited v Queenstown Lakes District Council [pdf, 356 KB]

   ...visual amenity, privacy, dominance, shading and access to sunlight, and construction effects as being effects of concern; (b) issues with the Council level decision being inconsistent as to its stated application of the ODP and the PDP; (c) permitted baseline and issues with the wider planning context; (d) questions as to the receiving environment; and (e) precedent effect. 9 [40] As to the criticisms that the appeal did not identify any new issues, the appellants con...

10. Horrell v Banyan Pacific Capital Ltd [2023] NZHRRT 35 [pdf, 361 KB]

    ...accepted that were the Tribunal to find that the source of Ms Horrell’s health information was the Cancer Society database, the rules would have been breached. In relation to the latter, Mr Brady accepted that if sharing of health information was not permitted between Medivex and Naturalwear, Naturalwear had collected that information contrary to the rules. [87] We deal with the second issue, the sharing of information by related companies, first. Further, in fairness to Mr Brady a...