Search Results

1. [2015] NZEmpC 85 Agus Riyanto & 43 others v Dong Nam Company Ltd interlocutory [pdf, 181 KB]

   ...the Minimum Wages Act 1983 and the Wage Protection Act 1983 and undertakes to pay its crew the minimum wage specified from time to time. [27] There are other provisions relating to the employment of crew, including as to the obtaining of work permits for officers and crew for a minimum of 12 months, and as to husbandry services during each port visit throughout the term of the charter. [28] Each agreement provides that SERL was to pay a charter fee to the defendant, calculate...

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. LCRO 90/2016 FL v WZ (15 August 2019) [pdf, 196 KB]

   ...LJ in Hardwick Game Farm v Suffolk Agricultural Poultry Producers Assn Ltd: In giving its reasons for judgment [a Court] is not composing a general lecture upon a legal topic: it is setting out as succinctly as the time available for preparation permits, those propositions of law which it considers are correct, and which are essential steps in the decision it has reached in the particular case. It is not obliged to state an answer to the arguments against the propositions of law which...

4. Wang & Zhou v CAC 303 & Zhao [2016] NZREADT 45 [pdf, 177 KB]

   ...Ferndale Property. Reluctant to discuss individual properties but indicated that it would be unusual for owners to be given a ‘blanket’ no for subdivision before land extensive tests were carried out, if the area of land was of sufficient size to permit sub-division in the right zone. [14] The Committee found that the marketing material created an impression that the property was readily subdivisible, that a subdivision was within planning requirements, when subdivision was no...

5. Fitikefu v Department of Corrections (Strike-Out Application) [2019] NZHRRT 51 [pdf, 224 KB]

   ...limitation defence could be raised in proceedings before the Tribunal but whether the Tribunal had sufficient features in common with an inferior court to allow it to be treated as such a court for the purposes of the Judicature Act 1908, s 88B which permitted the restriction of vexatious actions. The Full Court was careful to emphasise its decision should not be construed as a determination that the Tribunal was an inferior court and the decision was expressly confined to the specific c...

6. Tane - Te Tii (Waitangi) B3 (2015) 95 Taitokerau MB 261 (95 TTK 261) [pdf, 201 KB]

   ...that I am not being asked to approve the documents or the arrangements that the trustees are seeking to enter into. Whether it is prudent to enter into such arrangements is a valid but separate question. The order sought is that the trustees be permitted to execute documents by a majority which require registration under the Land Transfer Act 1952. Such an application has a different focus than whether the overall arrangement is prudent. [27] In the present case the proposed le...

7. [2019] NZEnvC 054 Christchurch City Council [pdf, 4.7 MB]

   ...resource consent for a non-complying activity when seeking to establish within the operative RM Areas would also fall away. While the risk is small , there is the potential for a certain sensitive activity (namely preschools) to establish as a permitted activity within the operative RM Areas (or seek a Certificate of Compliance); (b) the establishment of any sensitivity activity within the operative RM Areas could result in the potential for new sensitive activities to be exposed to...

8. Wood v ACC [2013] NZACA 4 [pdf, 62 KB]

   ...be again litigated, that a matter which could and should have been raised in proceedings which have been determined should not be allowed to be raised subsequently, and that a collateral attack upon a final decision in other proceedings will not be permitted. The dual objects are finality of litigation and fair use of curial proceedings.” [41] Ms Becroft quoted a passage from Z v Dental Complaints Assessment Committee5 , where Elias CJ at paragraph [61] discussed the general pub...

9. ENV-2016-AKL-000TBA Terra Nova Planning Limited v Auckland Council (Topic-056-057) [pdf, 742 KB]

   ...Urban Zone provisions of the PAUP will essentially ‘lock‘ landowners into a zone with Rural Production activity rules. Many of the FUZ area have been countryside living-type zones under the legacy council plans with a rather liberal array of permitted, controlled and restricted discretionary activities. In more than half of the region these zones provided for subdivision to a minimum of 4 ha. Our discussions with Council officers and infrastructure providers indicate that many of...

10. LCDT - 2015 annual report [pdf, 249 KB]

    ...applications requiring adjudication prior to hearing, some of which (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. The circumstances where a reduced quorum is permitted has been extended by recent amendment to the Act5 , allowing a quorum of three to consider applications for Interim Suppression of Name or details. This change has allowed speedier consideration of such applications at a...