Search Results

1. Privacy-European-Union-Adequacy-Status [pdf, 1.6 MB]

   ...my officials and the OPC have identified several issues with its practical implementation, which require some technical amendments to the Act. 29. These issues could also be addressed through a Privacy Amendment Bill, subject to time and resourcing constraints. Privacy Commissioner comment 30. The Acting Privacy Commissioner supports an amendment to the Privacy Act aimed at strengthening the level of transparency where an individual’s personal information is collected indi...

2. [2023] NZEmpC 11 New Zealand Air Line Pilots’ Assoc IUOW Inc v Airways Corp of New Zealand Ltd [pdf, 282 KB]

   ...is interpreted. 11 See New Zealand Air Line Pilots’ Assoc Inc v Air New Zealand Ltd [2017] NZSC 111, [2017] 1 NZLR 948, [2017] ERNZ 428; Firm PI 1 Ltd v Zurich Australian Insurance Ltd [2014] NZSC 147, [2015] 1 NZLR 432; and Bathurst Resources Ltd v L&M Coal Holdings Ltd [2021] NZSC 85, [2021] 1 NZLR 696. [48] Having made that observation, the collective agreement does not prevent other agreements being made between Airways and an individual ATC. There is noth...

3. Nigel-Hampton-and-Kathryn-Dalziel-Submissions.pdf [pdf, 230 KB]

   ...availability of translations and translators. Issues 48, 49, 50 and 52: Protection of mosques, Islamic centres and institutional bias against Muslims. 56. Full understanding of how threats were assessed whether by lone actors or organisation, and how resources were allocated are crucial in the prevention of further terrorist attacks. This is important not only in how to protect Muslims or understand the institutional bias against Muslims but is also important to understand potentia...

4. AM and HM v TH and NH [2022] NZDT 69 (24 March 2022) [pdf, 244 KB]

   ...Council provided for the abatement notice was that some of the earth was likely crossing the boundaries with two neighbouring properties. The notice provided that the work required a building consent that HM and AM had not applied for. Additionally, a resource consent CI0301_CIV_DCDT_Order Page 5 of 7 was needed if a retaining wall with a driveway on top was over one metre in height and within one metre of the boundary (which was expected in this case). 29. TH provided several...

5. Kumar v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 034 [pdf, 186 KB]

   ...treatment. (2) Treatment injury does not include the following kinds of personal injury: (a) personal injury that is wholly or substantially caused by a person’s underlying health condition: (b) personal injury that is solely attributable to a resource allocation decision: (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. (3) The fact that treatment did not achieve a desired result does not, of itself, c...

6. [2024] NZEmpC 51 Citadel Capital Ltd v Miles [pdf, 264 KB]

   ...concerns about the delay that has occurred, there is insufficient evidence to make a finding that the challenge is not being pursued in good faith. 13 That is the case where a stay of execution is being sought for money judgments, see Bathurst Resources Ltd v L & M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]. However, I consider that the same principle also applies more broadly. Would the successful party at first instance be affected injuriously by...

7. Duty Lawyer Policy v 2.13 [pdf, 302 KB]

   ...category 21 matter unless: a. there is a statutory onus on a defendant to satisfy a Judge that bail should be granted or b. further enquiries are required on a matter determinative of a grant of bail by the Court, and those enquiries are beyond the resources of the duty lawyers. (Duty lawyers are reminded they must make reasonable enquiries to assist defendants to confirm details, such as address or employment information) or c. the defendant is under an order made pursuant to the Men...

8. [2024] NZEmpC 103 Carrington Resort Jade LP v Maheno (Interlocutory Judgment [pdf, 231 KB]

   ...the same. 5 Assured Financial Peace Ltd v Pais [2010] NZEmpC 50 at [5]; and Dymocks Franchise Systems (NSW) Pty Ltd v Bilgola Enterprises Ltd (1999) 13 PRNZ 48 (CA). 6 See Grove v Archibald [1998] 2 ERNZ 125 (EmpC) at 128–129; and Bathurst Resources Ltd v L&M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]–[20]. 7 Duncan v Osborne Building Ltd (1992) 6 PRNZ 85 (CA) at 87. (c) If Mr Maheno is successful in the substantive proceedings before the C...

9. Duty Lawyer Policy v-2.14.pdf [pdf, 303 KB]

   ...category 21 matter unless: a. there is a statutory onus on a defendant to satisfy a Judge that bail should be granted or b. further enquiries are required on a matter determinative of a grant of bail by the Court, and those enquiries are beyond the resources of the duty lawyers. (Duty lawyers are reminded they must make reasonable enquiries to assist defendants to confirm details, such as address or employment information) or c. the defendant is under an order made pursuant to the Men...

10. [2024] NZEnvC 160 Evans v Marlborough District Council [pdf, 276 KB]

    ...jurisdiction to award costs in respect of 1 Evans v Marlborough District Council [2023] NZEnvC 048; Evans v Marlborough District Council [2023] NZEnvC 066; Evans v Marlborough District Council [2024] NZEnvC 110. 3 this proceeding under s285(1) Resource Management Act 1991 (‘RMA’). Moreover, the Council is willing to make a reasonable contribution to the applicant’s costs but only towards those incurred prior to the court’s interim decision2 issued on 17 March 2023. Th...