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1. BORA Public Safety (Public Protection Orders) Bill [pdf, 352 KB]

   ...for preventive detention of potentially recidivist offenders is compatible with such rights only where undertaken in such a context.[32] Conclusions in respect of the Bill 24. The powers provided by the Bill are significant: not only do they permit further detention following completion of a sentence, but the explanatory note to the Bill anticipates that some detainees may never be released. I am also conscious that the potential for the Bill to give rise to further punitive detenti...

2. BQ OQ v ET [2023] NZDT 242 (13 April 2023) [pdf, 241 KB]

   ...reduction in the benefit received by BQ. 15. It is immaterial to my findings that Booking.com’s website sets out a cancellation policy, because BQ did not cancel for her own purposes, she cancelled due to ET’s breach of the contract, which is permitted by s37 of the CCLA. What should the remedy be and is the amount claimed proved and reasonable? 16. When a contract is cancelled by a party, the Tribunal may, if it is just and practicable to do so, make an order granting rel...

3. Trustees of the JS & AJ Hamilton Family Trust v Complaints Assessment Committee 403, Amelia (Margaret) Reeve, Fleur Allinson & Kim Franklin [2017] NZREADT 54 [pdf, 229 KB]

   ...damages, and therefore could not be the subject of an order. However, his Honour gave two examples of cases where a s 93(1)(f) order could be made: [61] To take an example, suppose a licensee assured prospective purchasers that the vendor would permit them to take early possession of a residential property. In reliance, the purchasers contracted to sell their own home with a settlement date a month before that of the purchase. The licensee then explained that early possession was...

4. Fehling v Appleby (Recusal Application) [2014] NZHRRT 11 [pdf, 65 KB]

   ...HRRT028/2012 heard by a differently constituted Tribunal. Mr Fehling’s response to the recusal application [7] In his written submissions Mr Fehling: [7.1] Submits that in these proceedings under the Human Rights Act Mr Appleby should not be permitted to challenge the findings made by the Tribunal in the 4 Privacy Act proceedings or the remedies granted to Mr Fehling. Retaining the same decision-makers will ensure that the facts found in the Privacy Act proceedings are not u...

5. [2008] NZEmpC AC 17B/08 Air Nelson Ltd v NZ Airline Pilots Association IUOW Inc and anor [pdf, 56 KB]

   ...intended strike action”. [25] The plaintiff says substantial compliance with the statutory requirements is not sufficient when strict compliance is stipulated for in the Act. Colloquially, a “near enough is good enough” approach should not be permitted. Mr Toogood submits that the formula used by the union in the notice gave the chief executive no indication of the notice period because the chief executive did not know and could not have known of the date of receipt of the...

6. [2018] NZEmpC 85 Kaikorai Service Centre Ltd v First Union Inc [pdf, 407 KB]

   ...that while the Court may admit such evidence as it thinks appropriate, and whether strictly legal or not, it has been guided previously by the Evidence Act 2006, in particular s 7 dealing with the admissibility of relevant evidence and s 8 which permits evidence to be excluded if its probative value is outweighed by the risk that it would have an unfairly prejudicial effect on the proceeding or needlessly prolong it.3 The plaintiff maintained, therefore, that paragraphs in the brie...

7. 17.-Evidence-of-Mr-Nick-Keenan-Stormwater-Management-Design.PDF [PDF, 432 KB]

   ...contained in condition RSW1). (b) Waka Kotahi 2010 encourages continuous improvement in environmental outcomes, and seeks to avoid adverse effects on sensitive receiving environments while complying with regional plan requirements and discharge permit conditions. Emergency Spill Management – Design Details 34. A third concern raised by Ms Bennett was the absence of spill management references in the Concept Design. This would be from an accident such as a milk/petrol/chem...

8. [2023] NZIACDT 26 - BL v Registrar (10 October 2023) [pdf, 241 KB]

   ...of the statutory grounds of complaint. [33] In respect of the allegation that the adviser did not have written authority to contact Immigration NZ, the Registrar noted that an information sheet completed by the appellant included a condition permitting information to be verified. The verification of information was found to be reasonable. [34] In respect of the allegation of poor communication with the appellant, the Registrar found the adviser had sent an email to the appellant...

9. PC7 Hearing notice (updated) [pdf, 237 KB]

   ...i. Topic: Topic Number: LIST OF PARTIES TOPIC: Decision on the provisions and matters raised in submissions on Otago Regional Council Plan Change 7 (Water Permits) Lodgement: ENV-2020-CHC-000127 Otago Regional Council Initiator Otago Regional Council Michelle Mehlhopt, Wynn Williams & Co - Christchurch, P O Box 4341, DX WX11179, Christchurch Initiator Otago Regional Council Philip Maw...

10. Ohinemango Lands Trust v Waikawa Lands Trust - Waikawa-Pahaoa 1B & 1C 2C 1B (aggregated) (2019) 223 Waiariki 78 (223 WAR 78) [pdf, 343 KB]

    ...also raised concerns about the roadway being used by third parties as access for hunting purposes. However, the intent behind the original order was to enable forestry activities to operate. Counsel submitted that the third parties that are permitted to use the roadway should be restricted to those who require access for forestry purposes only. [29] Mr Koning says all the proposed amendments to the roadway order meet the statutory criteria, to allow the Court to exercise its ju...