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1. LD v Review of prosecutorial decision LCRO 15/2015 (15 June 2015) [pdf, 168 KB]

   ...matters to the Tribunal. The Court said that:21 The protection to the practitioner once afforded by the threshold test [in the Law Practitioners Act] is thus now met by other means. The oversight of the LCRO should also assist in protecting the resources of the Tribunal and prevent it from being overwhelmed by petty or trivial cases. 16 Above n 9 at [50]. 17 At [23]. 18 Above n 10, at [31]. 19 Above n 9, at [54](h). 20 At [53]–[54]...

2. [2016] NZSAAA 02 (28 July 2016) [pdf, 220 KB]

   ...[8] In mid-June the appellant sought to review this decision, emphasising her estrangement from her father and her continuing inability to get him to declare his income or sign the Parent’s Form and detailing her lack of any other financial resources to fund her study. In early July the Secretary upheld StudyLink’s decision, finding that StudyLink was correct both in its conclusion that the appellant’s father should be excluded from the parental income calculation, and that her...

3. Regulatory Impact Statement 2010 Alcohol Reform [pdf, 918 KB]

   ...inspectors and medical officers of health. Duplication and costs to licencees if more than one agency inspects premises. No assurance that more or improved enforcement would occur – this depends on the capacity, capability and targeting of resources applied by key enforcement agencies. Altering the penalty regime Sale of Liquor Act penalties mostly for breaches of licence conditions, and dealt with by the LLA by cancellation or suspension or addition of more restrict...

4. [2012] NZEmpC 24 Butterworth v TBA Communications Ltd [pdf, 148 KB]

   ...plaintiff, as detailed in the evidence before the Court, I would not have been minded to sanction a time payment scheme even if I had been satisfied that there was the power to do so. That is because I am satisfied that she has sufficient financial resources to meet the debt owing by her by way of lump sum. Costs [27] The defendant seeks indemnity costs both in relation to the compliance order application and in respect of proceedings in this Court. The Authority awarded cos...

5. [2023] NZEmpC 189 Pretorius v Board of Trustees of Taupo Intermediate School [pdf, 285 KB]

   ...Broadspectrum (NZ) Ltd v Nathan [2017] NZCA 434, [2017] ERNZ 733; applying Keung v GBR Investment Ltd [2010] NZCA 396, [2012] NZAR 17 at [11]; and Dymocks Franchise Systems (NSW) Pty Ltd v Bilgola Enterprises Ltd (1999) 13 PRNZ 48 (HC) at [9]. 17 Bathurst Resources Ltd v L & M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]. issue, and whether the challenge is brought in good faith. Depending on the particular circumstances, some factors may carry less or...

6. DI v C Ltd [2024] NZDT 114 (10 April 2024) [pdf, 232 KB]

   ...in situations like this they are under no obligation to relist properties as they already have an agreement in place by way of a confirmed booking. MB further says Christmas is a very busy period of their staff and they did not have the time or the resource to take the steps DI wanted them to take. 34. While I accept, under their terms and conditions, C Ltd was under no obligation to relist the property, I believe this term was harsh in the circumstances of this case. I do agree with D...

7. Lee v Wellington City Council [2012] NZWHT Auckland 31 [pdf, 87 KB]

   ...of the development on its own is enough to establish liability. In that case the director, Mr Cooper, prepared budgets and established a framework for the project, arranged bank facilities, provided a personal guarantee, participated in the resource consent process, invited tenders, appointed contractors, engaged a coordinator and was responsible for financial and marketing aspects of the project. This was not however sufficient to establish he personally owed a duty of care....

8. BN & MN v Hakaoro [2013] NZIACDT 64 (20 September 2013) [pdf, 118 KB]

   ...financial position is accurately stated. However, given that I do not consider the monetary orders are affected, it is not a relevant consideration for the Tribunal. The issues would be ones for the Official Assignee if Mr Hakaoro does not have the resources to meet the orders. Costs and expenses [38] Pursuant to section 51(1)(g) the Tribunal may make an order that a adviser pay the costs or expenses of investigation, inquiry, hearing and any related prosecution. [39] This is a somewh...

9. Werohia-Lloyd - Te Puna 154A No 2 (2006) 84 Tauranga MB 234 (84 T 234) [pdf, 579 KB]

   ...be made. [9] The information available at the meeting of owners included the formula by which the number of shares needed for the occupation area was calculated, information from the Western Bay of Plenty District Council as to requirements for resource consent, information as to the formation of access to the urupa on the block and to the area of occupation. The meeting also considered the future use of the block, taking into account the need for access and the limiting of sections...

10. Smith - Pekapeka 2A1D2B (2023) 103 Tākitimu MB 287 (103 TKT 287) [pdf, 231 KB]

    ...land parcels to be held by members of the same hapū and other partitions.4 The former type of partition is informally referred to as a “hapū partition”. A hapū partition can be granted without obtaining a subdivision consent under the Resource Management Act 1991 from the relevant territorial authority.5 Kōrerorero Discussion Is this a hapū partition? [15] This is a hapū partition. The applicant is an existing owner in the block and simply seeks to partition...