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1. D v IAG New Zealand Ltd [2020] CEIT-2019-0037 [pdf, 1.8 MB]

   ...there is extensive decay in the floor timbers behind the shower that predates the 2003 renovations, indicating the possible presence of a long-term leak;9 (b) Mr McGunnigle has identified a roofing detail immediately above the shower which he says permits water to enter the fabric of the building; (c) one of the photographs produced by D shows that Max Contracts repaired a roof slate immediately above the shower; and (d) the removal of the bathroom tile by Max Contracts, which is m...

2. LCRO 81/2018 QQ v RR (26 November 2019) [pdf, 548 KB]

   ...(CA), Fletcher Moulton LJ was considering the power of the Court to strike out an action as vexatious and observed that: The Court has a right to stop an action at this stage if it is wantonly brought without the shadow of an excuse, so that to permit the action to go through its ordinary stages up to trial would be to allow the defendant to be vexed under the form of legal process when there could not at any stage be any doubt that the action was baseless. Importantly his honour did...

3. LCRO 239/2020 DP v FJ obo RK (25 June 2021) [pdf, 356 KB]

   ...from collateral matters. … Clearly prohibited is the hiding of a premium on disbursements and thereby making a margin on those amounts. In Canterbury Westland Standards Committee v P Currie the Tribunal made it clear that such conduct was not permitted. [Citation omitted] [105] I am not suggesting that Mr DP was engaging in the type of conduct that was before the Tribunal in the above case, which concerned invoicing clients for disbursements which had not been incurred. Neverth...

4. [2024] NZEnvC 143 Cooper v Kaipara District Council [pdf, 857 KB]

   ...(a) 12.10.1a Excavation and Fill: Earthworks over a footprint of 8.315ha comprising approximately 50,000m3 cut and 50,000m3 fill predominantly to facilitate the construction of the internal roading network is proposed. This does not comply with the permitted thresholds for the Rural Zone, including those that specifically relate to the Mangawhai Harbour Overlay. Land use consent is required as a restricted discretionary activity pursuant to this rule. Activity status [12] Overall, the...

5. Environment Court annual review 2014 [pdf, 3 MB]

   ...border between ONL and VAL sat. The Court determined that it ran through the site and so both VAL and ONL criteria had to be applied. It was considered that the effects would be significantly adverse (in both categories) and that the existing and permitted buildings on the site represented saturation for that landscape. For the purposes of the 104D gateway, the overall effects were more than minor and the proposal was found to be contrary to the plan. Its negative effects outweighed i...

6. Youth Court - It’s all relative: the absolute importance of the family in youth justice [pdf, 444 KB]

   ...person to attend a parenting education programme. 116 There is no criminal sanction for non-compliance, but non-compliance may trigger a care and protection investigation for all children in the family. 117 This is a far-reaching power as it permits the remit of the order to be extended to children who are not the subject of the Youth Court order. The CYPF Act is based on the idea that families should be empowered and supported to deal with offending by their young people. The par...

7. Marshall v IDEA Services Ltd (HDC Act) [2020] NZHRRT 9 [pdf, 434 KB]

   ...Code, it may grant 1 or more of the following remedies: (a) a declaration that the action of the defendant is in breach of the Code: (b) an order restraining the defendant from continuing or repeating the breach, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the breach, or conduct of any similar kind specified in the order: (c) damages in accordance with section 57: (d) an order that the defendant perform any acts sp...

8. [2013] NZEmpC 179 George v Auckland Council [pdf, 267 KB]

   ...says she did not do) because she could not have justifiably been dismissed for the conduct that formed the basis of the initial allegations made against her. [97] In determining the scope of the employer’s obligations and what is and is not permitted, it is useful to return to first principle. There is no doubt that dishonesty in the context of an employment relationship can give rise to disciplinary action and dismissal. That is because trust and confidence lie at the heart o...

9. E8 Craig Jones - Event Legacy - EIC - Applicant [pdf, 7 MB]

   ...1. The size of the space is excellent as an event space. At 7000m2 it is a good size to host a Pop-up Globe, and would allow space for ancillary structures and F&B provision. 2. The weight loading of the space as discussed would be ample to permit the safe erection of a Pop-up Globe (Approx 240 tonnes), and there is good access for containers and trucks for set up and supply. 3. The space would allow a capacity of around 1000, at the moment. Pop-up Globe has a capacity for 700-850...

10. [2011] NZEmpC 120 Bourne, Conrad, Turner and NZ Merchant Service Guild Industrial Union of Workers Inc v Real Journeys Ltd [pdf, 305 KB]

    ...rehearing. Where the challenge is non de novo, however, the Court can only be aware of what the Authority decided by considering the determination and any other information about the investigation provided by the parties. As noted earlier, I permitted and encouraged counsel in this case to provide me with additional materials informing the Court of what was before the Authority and decided by it. In dealing with this issue, I have had careful regard to all of those materials....