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1. [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 These provisions replace a much stricter constraint on the Employment Court under s 104(2) of the now-repealed EC Act.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...

2. [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...

3. [2018] NZEmpC 86 Ports of Auckland Ltd v Maritime Union of NZ Inc [pdf, 374 KB]

   ...“cancellation” are unnecessary words to have included unless, from the outset, the actual roster already specifies the times of work. The proviso also recognises that whereas 24 hours’ notice is desirable, where shorter notice is only possible, that is permitted because the company is only required to “endeavour” to provide the 24 hours minimum notice. This is further recognised in the Hours of Work Policy, where an audit and review process is to operate in instances where...

4. LCRO 185/2017 DO v DP (18 March 2019) [pdf, 237 KB]

   ...purpose; and (b) the practice obtains the client’s instruction or authority for the transfer or payment, and retains that instruction or authority (if in writing) or a written record of it; and (c) payments to a third party are made in a form that permits the crediting of the money only to the account of the intended payee; and (d) transfers to another client are by way of trust journal entry [85] Section 110 has been considered by the Courts. In Heslop v Cousins,23 the High Co...

5. Justice Matters - issue 15 - July 2019 [pdf, 3.5 MB]

   ...Act 1991. The Court largely deals with appeals about the contents of regional and district plans and appeals arising out of applications for resource consents. Consent applications may be for land use; a subdivision; a coastal, water or discharge permit; or a combination of these. The Court usually sits with a Judge and one or more of its Environment Commissioners. The Commissioners have expertise in many areas including planning and engineering. The Commissioners also conduct mediati...

6. [2022] NZEnvC 029 Waimea Plains Landscape Preservation Society Inc v Gore District Council [pdf, 438 KB]

   ...landowners of some of the dwellings would be ‘very high’. [91] Ms Pflüger explained in some detail the range of viewing locations she visited as part of her site visit and assessment.44 She also told the court that her client’s brief did not permit her to enter private properties,45 although she did acknowledge, in answering questions from the court, that it would have been preferable for her to do so.46 [92] It appears also that she had no discussions with any of the occupa...

7. La Grouw as Trustee of the GJ Peacocke Trust v Rantin & MRA Architects Ltd [2011] NZWHT Auckland 8 [pdf, 178 KB]

   ...the drawings and that he prepared them in his usual manner. Like all the evidence Mr Watson gave, this evidence was careful and credible. Ms La Grouw wrote that because of problems, both with the architect and with getting resource consents and permits, no attempt was made to start the building for another twelve months from the end of 1999. I have concluded that Mr Watson‟s short delay in mid 2000 in completing the drawings (which then went to the engineer) did not materially...

8. Practice Standards for Legal Aid Lawyer (2016) [pdf, 487 KB]

   ...specific consent of the court to release the report has been obtained. Protecting the Commissioner’s interests 24. A lawyer must: 24.1 Take all reasonable steps to protect the interests of the Commissioner under a charge, including not doing or permitting anything that would or might effect the transfer of the property without the charge being satisfied (section 107(2)(a) and (b) Legal Services Act 2011) 24.2 Advise the Commissioner if he or she is aware that an aided person has, i...

9. Protection order applications June 2021 [xlsx, 90 KB]

   ...issued by Police to protect people at risk from violence, harassment or intimidation. When a PSO is made the person bound by it must leave the address while the PSO is in force and abide by certain conditions. If the bound person does anything that is not permitted by the PSO, Police can take the person to court. A breach of a PSO is not a criminal offence. However, where a PSO has been breached, Police can request a temporary Protection Order be issued by the District Court. This occurs as lon...

10. OIA-109631.pdf [pdf, 3.4 MB]

    ...reports under section 27. These judge-directed section 27 reports were facilitated by the Ministry on behalf of the Courts. 20. An issue was identified with this practice as the section does not authorise the Court to order such a report. The section permits an offender to request the Court hear this information. 21. Subsequently, expenditure on these reports by the Ministry through the Courts appropriation fund was stopped and offenders increasingly requested the reports themselves. As a res...