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1. Ratahi v CAC301 & Legge [2015] NZREADT 62 [pdf, 221 KB]

   ...can exercise its discretion over the quantum of fees to be refunded. The fees have been illegally and improperly obtained, and it is up to this Tribunal to in effect “draw a line in the sand” to the industry stating that such activities are not permitted and will not be condoned. 33. There cannot be a partial refund of something that has been wholly illegally obtained. 34. This is not a Court of equity, this is a Court of Disciplinary Tribunal enforcing the strict provisions of...

2. ENVC Hearing 6Oct14 AC revised evidence chief Shumane final [pdf, 395 KB]

   ...berth holders, will be allowed to enter the restricted area at the cul-de-sac. I agree with Mr Mitchell that such vehicles will be able to enter the marina’s parking facility for drop-off and pick-up while non-berth holders will not even be permitted to enter the cul-de-sac for any drop-off or pick-up. 30. While I maintain the view that this level of drop-off and pick-up activities will occur within the marina’s parking facility I no longer have the view that this volume is in...

3. [2015] NZEmpC 99 NZ Meat Workers Union Inc v South Pacific Meats Ltd [pdf, 249 KB]

   ...uses the examples of s 122(1) of the District Courts Act 1947, s 51(1) of the Judicature Act 1908, although accepts that the regulation making power under s 237 of the Employment Relations Act does not refer to the word “procedure” when it permits regulations “… prescribing any act or thing necessary to supplement or render more effectual the provisions of this Act as to the conduct of proceedings before the Authority or the court.” [21] The defendants rely on the...

4. Beker v Accident Compensation Corporation Costs on Review and Weekly Compensation [2023] NZACC 12 [pdf, 272 KB]

   ...made a reassessment under s 109 and Mr Beker does not suggest that it should have done. [32] In conclusion, Mr Gascoigne refers to Henderson v Henderson3 and submits that res judicata applies in this case and there are no special circumstances permitting an exception to the doctrine in this case. Decision [68] In this case, the appellant claims that his entitlement to weekly compensation should have continued until his retirement in October 2017 and not be ended on 19 January 20...

5. [2018] NZEmpC 47 New Zealand Nurses Organisation v Waikato District Health Board [pdf, 366 KB]

   ...provision governing that event, namely the provision of a resignation gratuity worth 50 per cent of the value of the full gratuity. This provision would have been meaningless if the words “retiring from the organisation” were construed to permit employees leaving their employment with the WDHB but continuing to work elsewhere. [51] WDHB and CRTAS also argue that the removal of the resignation gratuity in 1994 from the subsequent collective employment agreement does not reveal...

6. Booth v Herlihy - Waikoukoutauanui 6B 6C and 6DB [2020] Chief Judges MB 632 (2020 CJ 632) [pdf, 327 KB]

   ...Māori Affairs Act 1953 (‘the 1953 Act’) to constitute a Trust, the primary object of which was to sell undivided land interests to William Henry Mawson an error? [19] With respect to this question, essentially Ms Batt contended that s 438(1A) permitted the Court to constitute a trust to facilitate the alienation of any interest in the land. However, s 213 of the 1953 Act restricted a vesting order for the transfer of interests to ‘a Maori or to the descendant of a Maori, or...

7. 2021-04-23 TAs - MOC - submissions [pdf, 323 KB]

   ...the external context of related legislation, regulations, policies and standards. 5. Where the text and purpose do not align and the purpose is clear, any faults in drafting must not be allowed to obstruct that purpose. Some elaboration is permitted to fill gaps provided that it is consistent with the legislative scheme.1 However, where the text is clear it cannot be given a meaning it is incapable of bearing.2 1 Central Plains Water Trust v Ngai Tahu Properties [2008] NZRMA...

8. Environment Court Topic Structure (with pathway comments) -4.11-2.xlsx [xlsx, 24 KB]

   ...Housing New Zealand Knox Home Trust Board Housing New Zealand Vernon, K ENV-2016-AKL-000243 Vernon, K [67]-[74] Housing New Zealand Ryman Healthcare Ltd Retirement Villages Association of New Zealand ENV-2016-304-000067 PAUP-059/063 Residential –Permitted Threshold H3.?.? H4.4.1(A3-A4, A33); H4.5; H4.8.1(2)-(5); H4.8.2(2)(3)(15)(16); H5.4.1(A3-A4, A34); H5.5; H5.8.1(2)-(5); H5.8.2(2)(3)(15)(16) ENV-2016-AKL-000197 Adams, Robert All Housing New Zealand Vernon, K [4 in total] Can progr...

9. LCRO 39/2019 Yuri Lukas v BW and CV (29 November 2019) [pdf, 151 KB]

   ...to communicate with her. He also asserts that he communicated with Mr BW by telephone and skype as well as by email and that the Committee did not take these communications into account. [45] Mr Lukas relies heavily on his view that he was not permitted to communicate with Dr CV for reasons of privacy. He says that Dr CV was not applying for a visa as “New Zealand citizens do not need permanent residents visas to stay in New Zealand”.26 [46] He says that Mr BW and Dr CV “...

10. LCRO 87/2019 G OR v F HM (10 July 2020) [pdf, 259 KB]

    ...information, or “cause any use to be made” of the information “by others otherwise than for” the client’s, or former client’s “benefit”.17 11 Section 4(c) and (d) of the Act. 12 Required and permitted exceptions are set out in rr 8.2 and 8.4 of the Rules respectively. 13 Black v Taylor [1993] 3 NZLR 403 (CA) at 407 and 408. Such information has been described as the “getting to know you principle”, that is, information...