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1. [2022] NZEnvC 078 Whangarei District Council v Sustainable Solvents Groups Limited [pdf, 316 KB]

   ...Fourth, Fifth and Sixth Respondents would not have been able to comply with substantive orders requiring them to remove substances from the site as the First Respondent, through its director, Mr Smith advised the Court categorically they would not permit the Fourth, Fifth and Sixth Respondents to re-enter on the site. I have taken into account that the Fourth, Fifth and Sixth Respondents could not afford the bond requirement to cover the cost of the works in the event of failure...

2. Mr X v CAC10026 & Mr C [2012] NZREADT 42 [pdf, 151 KB]

   ...manager. With regard to first charge Ms Kidd then put it: “7. It is legally possible for a person to act as agent for more than one party to a particular transaction. The REINZ rules of practice in place at the time of the transaction in 2006 permitted a real estate agent to continue to act when there was a conflict of interest provided the member disclosed the conflict of interest to his or her clients: Rule 13.8 8. Mr C was clearly aware that the appellant acted for both t...

3. LCDT Annual Report 2022 [pdf, 435 KB]

   ...(of a procedural nature) can be considered by the Chair alone, and some of which require the convening of the full, or reduced number Tribunal. A reduced quorum, consisting of three members (Chair, one lay member and one lawyer member), is permitted under the Act to consider applications for Interim Suppression of Name and for Interim Suspension Orders. These provisions allow speedier consideration of such applications at a considerably reduced cost. At times, in order to a...

4. KXBK v GVH [2019] NZIACDT 74 (1 November 2019) [pdf, 195 KB]

   ...Immigration New Zealand declined the complainant’s work visa. He had not worked for more than five years in the South Island as the holder of an essential skills work visa. Furthermore, the employment agreement sent to Immigration New Zealand permitted the employer to reduce his hours below the minimum of 30 hours per week. [25] The complainant received an email from the adviser’s company on 10 August 2017 informing him that his application had been declined. [26] The advi...

5. [2020] NZEnvC 213 Federated Farners of New Zealand Incorporated v Bay of Plenty Regional Council [pdf, 3.6 MB]

   ...NESF19 and which he considered can be addressed in part now when finalising PC 10 without a Schedule 1 process in accordance with s 44A of the RMA. Specifically, he suggested: (a) adding an advice note that some changes in land use that would be permitted or require controlled or RDA activity consent under PC10 might require a discretionary consent under the NESF; (b) an amendment to Rule LR R13, which permits discharges from land uses where the land use is authorised under PC1 O...

6. [2023] NZEmpC 164 F & B Remuera Ltd v A Labour Inspector [pdf, 269 KB]

   ...Ltd, above n 1, at [27]. 17 At [20]. 18 At [27]. [43] The plaintiff stated that it does not have access to the records so that compliance with the Authority’s determination is impossible. Therefore, if the Labour Inspector is permitted to enforce the compliance order, they will not necessarily be in a position to obtain the records they seeks. Further, the plaintiff is not a natural person so it cannot be imprisoned pursuant to s 140(6)(c) of the Act. This means th...

7. [2021] NZEnvC 015 BWO Offshore Singapore PTE LTD v The Environmental Protection Authority [pdf, 3.8 MB]

   ...operators, and there is a legitimate expectation by companies that the ruling will endure unless there is a clear reason for departure. c) As noted in the decision it appears to be common ground that disconnection from anchor cables and the like is permitted, and thus it is only the abatement notices that prevented the FPSO from disconnecting and sailing away from the Tui Field. It is for these reasons that I consider the abatement notices imposed an unusual restriction on BW Offs...

8. COVID-19 Public Health Response Bill [pdf, 205 KB]

   ...public place) and require careful management in the public interest. This is in contrast to other breaches of an order that might occur in a private dwelling or marae, which have less significant social consequences, and where warrantless entry is not permitted. 61. Further to this, cl 17(4) – 17(6) require a constable to report each time a warrantless power is used and detail the nature of the circumstances. This safeguard provides a check on the use of the power. For these reasons,...

9. LCDT Annual Report 2020 [pdf, 708 KB]

   ...(of a procedural nature) can be considered by the Chair alone, and some of which require the convening of the full, or reduced number Tribunal. A reduced quorum, consisting of three members (Chair, one lay member and one lawyer member), is permitted under the Act to consider applications for Interim Suppression of Name and for Interim Suspension Orders. These provisions allow speedier consideration of such applications at a considerably reduced cost. At times, in order to a...

10. [2012] NZEmpC 143 George v Auckland Council [pdf, 131 KB]

    ...for relevant documents has been undertaken by AC and it has not been established that the exercise was undertaken on any false or mistaken basis. What Ms George wishes to undertake is a fishing expedition and the authorities in this area do not permit that approach. [26] With the exception of the purchase orders and account numbers and the newly requested BNZ documents, which counsel have agreed will be dealt with between them, Ms George has failed to establish that there are grou...