Search Results

1. [2019] NZEnvC 184 Ngati Whatua Orakei Whai Maia Limited v Auckland Council [pdf, 25 MB]

   ...for the activity. (5) ... [44] Section 108AA RMA builds a little on the previously understood common law test in Newbury9 that consent conditions must be imposed for [resource management purposes] and must fairly and reasonably relate to the permitted development and not be unreasonable. The key wording held subsequently in Estate Homes10 was that a condition needs to be "logically connected" to the proposed development and not relate to an external or ulterior concern,...

2. [2013] NZEmpC 97 Transpacific Industries v Harris and Green [pdf, 238 KB]

   ...inappropriate or inadequate. The same constraints apply to the Court under s 190 of the ER Act. These provisions replace a much stricter constraint on the Employment Court under s 104(2) of the now-repealed EC Act. Under that provision, the Court was permitted to vary contracts only if satisfied beyond a reasonable doubt that such an order should be made and that any other remedy would be inappropriate or inadequate. This application of the evidentiary burden applicable to th...

3. [2021] NZEnvC 042 Baldock v Auckland Council Community Facilities [pdf, 1.5 MB]

   ...54: 54. Where works on the site are creating vibrations, that in the opinion of the Council's Team Leader Monitoring (Central), constitute an unreasonable disturbance beyond the boundaries of the subject site that may exceed the AUP(OP) permitted vibration standard, the consent holder shall cease works until a suitably qualified expert has been engaged to undertake monitoring of the works and provide confirmation that peak particle velocities measured on any foundation or upp...

4. Induction guide for legal aid providers - v1.4 June 2017 [pdf, 649 KB]

   ...evidence are large and complex and there’s a substantial volume of documentary evidence. The Crown must also be represented by at least 2 counsel. The junior counsel takes a secondary role under the supervision of the lead provider and isn’t permitted to undertake the substantive hearing even if the lead provider is unavailable. Junior counsel can be of a lower listing approval category than the lead provider and will be remunerated up to their own approval category (not the proce...

5. [2009] NZEmpC AC 15/09 Air New Zealand Ltd v V [pdf, 95 KB]

   ...addressing the inherent inequality of power in employment relationships; … [44] The plain meaning of the text of s103A is undoubtedly consistent with addressing the imbalance of power in employment relationships. This is because it permits all aspects of an employer’s conduct which adversely affect an employee to be subject to objective scrutiny and review if challenged. [45] Section 4 addresses the requirements of parties to an employment relationship to deal wit...

6. Mok v Boyd [2010] NZWHT Auckland 29 [pdf, 264 KB]

   ...deficient and/or to correct the plans; b) He constructed the house in a manner that suffered from defects and created the probability of water ingress; c) He failed to take reasonable care in the supervision of other contractors; d) He caused, permitted or allowed departures from the plans in relation to the cedar cladding and the soffit above the garage door and in the manner in which the plaster was applied; e) He failed to ensure appropriate sequencing of the work carri...

7. Mackey - Succession to Rangi Hawea MacKey (2022) 113 Tairawhiti MB 37 (113 TRW 37) [pdf, 419 KB]

   ...That order pursuant to s 113 is made in favour of all seven children in equal shares as listed below. 1 Te Ture Whenua Māori Act, ss 237(1) and 239(1). 113 Tairawhiti MB 42 [17] The only real issue concerns whether the Court should permit the vesting of these shares in the Mackey Whaipooti Whānau Trust, given the unanimous consent of the whānau of the deceased to include these Māori land shares and interests in that trust. Te Ture The Law [18] The relevant...

8. [2016] NZEmpC 120 Whanau Tahi Ltd v Dasari [pdf, 211 KB]

   ...as to the circumstances which occurred in this matter. Mr Dasari came to New Zealand in 2010 on a student visa. The purpose of his visit was to study towards a diploma in business. Whilst studying he worked part-time at Pizza Hut as he was permitted to do by the terms of his visa. Under the terms of the visa he could work up to 20 hours per week. In March 2011 he was issued with an open job search visa for 12 months. During that time he worked full- time for Pizza Hut and whe...

9. RIS - Amendments to the Administration of Justice (Reform of Contempt of Court) Bill [pdf, 384 KB]

   ...of court. The Law Commission recommended replacing the common law with a statutory offence to dissuade jurors from undertaking their own research. The offence would clarify the law and send a clear message to jurors that research is simply not permitted. Under the Bill, a juror who deliberately investigates or researches information relevant to the case before the jury would commit an offence and be liable, if convicted, to a maximum penalty of 3 months’ imprisonment or a fine no...

10. Wickliffe v Pearce - Paengaroa North B4B and K Aggregated (2005) 289 Rotorua MB 236 (289 ROT 236) [pdf, 5.9 MB]

    ...lost further opportunities for income and asset enhancement. An independent report had confirmed as much and yet little had been done by the Trustees to heed its recommendations. By siphoning money from the Trust to the Company, the Trustees had permitted the kiwifruit operation to diminish in both income and value and this was a breach of trust; and U) because of these events, the Trustees had lost the confidence and support of the beneficial owners, an essential precondition for maint...