Search Results

1. [2021] NZEnvC 118 Drach v Tasman District Council [pdf, 2.4 MB]

   ...Mr Drach answered that they had approached "nine parties in the immediate area and ended up selecting three to testify" in support of the appeal. 15 1Vlichael Ly11ch, Brett Nlercer a11d Alasdair Gardi11er [34] Mr Lynch's dwelling (101 Dawson Road) is orientated to face over Seaton Valley and intervening ridges, not the Site. He understood a "fundamental principle" is that there would be no further density of development within Estates. Under cross-examination...

2. [2021] NZEmpC 139 QDA v EKD [pdf, 336 KB]

   ...the part of the employee. [100] Mr D said in evidence that the day was overcast. That too may have been a contributory factor relevant to whether a conclusion of breach of a policy requirement justifying discipline could have been reached. [101] Turning to the assertion of the failure to immediately report a vehicle incident, I proceed on the basis that Mr D wanted to notify Ms C as to what had occurred immediately after the incident but was unable to do so. His ordinary hours of...

3. LCRO 27/2021 BK v RQ (27 August 2021) [pdf, 223 KB]

   ...Ms RQ fair and reasonable for the services provided? [100] Ms RQ rendered four invoices (exclusive of GST and disbursements): (a) 1 August 18 $5,670.00 (b) 28 August 18 $2,235.00 (c) 12 December 18 $4,250.00 (d) 30 August 19 $3,500.00 [101] Ms RQ did not compile a record of her time recorded on the file. [102] I agree with the Committee’s conclusion that it would have been desirable for Ms RQ to have maintained time records. It considered that its ability to assess the fee...

4. [2021] NZREADT 52 - QH v KE, SE & Agency (14 October 2021) [pdf, 299 KB]

   ...would be determined in the course of considering the appeal. DISCUSSION [100] There is a preliminary issue as to whether QH can adduce various items of evidence not provided to the Committee. Whether further evidence can be produced by QH [101] As noted above, this appeal is a rehearing of the case as presented to the Committee. A party is not entitled as of right to produce a new version of the events or new evidence. The Tribunal can, however, give leave to adduce new evid...

5. [2022] NZEnvC 234 Paterson Pitts Limited Partnership v Dunedin City Council [pdf, 18 MB]

   ...particular, was not "on" the variation. Even the potential for the existing heritage listings was not an outcome that a person reading the notified documents would reasonably contemplate as an outcome of the submission and hearing process. [101] Although inadequate heritage protection was raised in the Murray submission, the permissible scope of submissions was framed by the notified variation and accompanying information, particularly the s32 report which were obviously...

6. [2023] NZEmpC 74 Nelmac Ltd v Reunited Employees Assoc Inc [pdf, 339 KB]

   ...awards will be modest; (j) frequently costs are judged against a notional daily rate; and (k) the nature of the case can also influence costs and this has resulted in the Authority ordering costs lie where they fall in certain circumstances. [101] In Da Cruz the Court was satisfied that those principles are appropriate and consistent with the Authority’s functions and powers.29 In the same case the Court 29 At [45]. concluded that there was nothing wrong in principle...

7. LCRO 49/2022 & 93/2022 WU v MQ obo CT (25 August 2022) [pdf, 277 KB]

   ...Beneficiaries. Charities. 1/3 each. Banking Mandate. [CT] trust. Send [AR] deed of trust. Get back to [WU] with amount of loan and interest rate. More budgeting. Go to see share broker. Make [MQ] appointee of trust in [CT]’s will. [101] To conclude the discussion about this meeting, Mr MQ asserts that Mr CT instructed Mr WU to amend his will. Mr WU was a party to the conversation and says that matters were left on the basis that Mr CT would consider matters and let...

8. [2022] NZACC 100–Phillips v ACC (25 May 2022) [pdf, 343 KB]

   ...dismissed by the organisation, for what other reason could they force her to hand over her assigned laptop and computer access. She says she returned to her car shaking and upset and was in tears later in the day as related it to her family. [101] In relating these events in Court and in presenting her case, the appellant was frequently tearful and had to stop on several occasions to compose herself. She was supported in Court by her husband, two daughters and a friend. The way i...

9. Melrose v Porter - Torere Section 58 [2022] Maori Appellate Court MB 209 (2022 APPEAL 209) [pdf, 360 KB]

   ...MB 186. p. 98 9 Porter v Melrose – Torere Section 58 (2021) 265 Waiariki MB 193 (265 WAI 193). 10 At 201 of transcript. 11 At 205-206 of transcript. 2022 Māori Appellate Court MB 214 1996 Trust review due: cl. 4.c. Trust Order. p. 101 22 March 2015 Neville Patu (trustee) passes away. p. 111 20 October 2018 Annual meeting of owners, at which current appellants resigned. p. 91, 189, 213- 220 5 September 2019 Rover Waiapu (trustee) passes away. p. 110 22 November...

10. [2022] NZREADT 7 - WM & NU v Real Estate Agents Authority (28 April 2022) [pdf, 317 KB]

    ...retraining. Additionally, they seek to recover certain costs. On the other hand, Mr Cartwright contends that, since the Committee made incorrect findings about his conduct, the penalty was based on incorrect assumptions and was excessive. [101] Any discussion of the orders has to have regard to Mr Cartwright’s previous disciplinary record, as noted by the Committee in setting the orders. Previous disciplinary record of Mr Cartwright [102] On 6 July 2018, the Tribunal found Mr...