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...requirement imposed under s 114(2). 26 See too Dickson v Unilever New Zealand Ltd (2009) 6 NZELR 463 at [28]. Compare Abernethy v Dynea New Zealand (No 2) [2007] ERNZ 462 at [63]. 27 Section 101(ab); Creedy at [39]. 28 Section 101(a), (b). See too, for example, Board of Trustees of Te Kura Kaupapa Motuhake O Tawhiuau v Edmonds [2008] ERNZ 139 at [40], [58]. [41] Ultimately, the issue of whether an employee has done enough t...
...– s 338(5) TTWMA; c) The excluded site is then partitioned in favour of Erana Waiomio – s 296(1) TTWMA. 1 As at 12 November 2010 according to the List of Current Owners’ Report. 2 101 Rotorua MB 132 (101 ROT 132). 91 Waiariki MB 175 Background [5] It is necessary to briefly set out some of the background to the present application. I have already referred to the s 440/53 order made by the Māori Land Court on...
...legal test as follows: 8 7 Rameka v Hall [2013] NZCA 203. 8 Waaka v Harrison – Poike 14 (2015) 101 Waikato Maniapoto MB 216 (101 WMN 216) at [26]. 138 Waiariki MB 143 First, there must be an assessment of the trustees’ performance taking into account an assessment of the standard duties and the special nature of Māori land trust...
...for humiliation, loss of dignity, and injury to his feelings.1 However, the Authority considered that Mr Gildenhuys contributed 1 Gildenhuys v Cornish Truck & Van Ltd [2017] NZERA Auckland 101. to the situation that led to his dismissal and reduced the compensation award by 20 per cent. [3] Where the Court hears a challenge, it must make its own decision on the matters before it and once it makes its decision, the de...
...reflects the number of events normally scheduled for each jurisdiction. Table 1: The majority of rescheduled or adjourned events were criminal Jurisdiction Adjourned Rescheduled Total Criminal 7,546 16,652 24,198 Family 258 5,475 5,733 Civil 101 1,680 1,781 Total 7,905 23,807 31,712 The number of new and disposed criminal cases in the District Court decreased A criminal case is a group of charges, related to one or more people, that go through the court process togeth...
...bunds, proposed by Mr Wedd, would not comply with the Auckland Council Guidance Document 2016/005 Erosion and Sediment Control Guideline for Land Disturbing Activities 26 Country Lifestyles Limited, at [100]. 27 Country Lifestyles Limited, at [101]. [36] (a) (b) (c) (d) (e) 12 (GD05) or best practice, and the evidence of Mr Lowe that two natural wetlands were located within 100m of the proposed works.28 Mr Wedd did not call any planning evidence. Wedd response...
...laboratory analysis. 27. ‘Oral fluid screening test’ is defined in the Bill as a test that is carried out by means of an oral fluid screening device. The screening devices are not specified in the Bill 6 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 7 At [161]. 8 Cropp v Judicial Committee [2008] 3 NZLR 744 at [33]; Hamed v R [2012] 2 NZLR 305 at [162]. 9 Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [172] per Blanchard J. 5 WE...
...something that had not happened here. [8] A sale and purchase agreement for the motel was signed on 17 May 2022. [9] On 25 August 2022, the Civil Aviation Authority (the CAA) said in an email to the neighbour that there had been a breach of part 101 of the Civil Aviation Rules (the CAA rules). An educational advisory had been issued to the drone operator who extended his apologies. The CAA did not provide consent to such operators. Consent had to be obtained from the property o...
...Authority was reduced to writing and/or signed by Mr P on 15 November 2006 with Mr P signing on behalf of himself and Mrs P. (“the Complaints Committee Representation Charge”) [e] That from, on, and after 23 June 2008, in breach of Section 101(6) of the Law Practitioners Act 1982, without lawful justification or excuse he refused or failed, and continued to refuse or fail, to comply with the lawful requirement of Complaints Committee No.1 of the Auckland District Law Society mad...
...GisborneDistrictCouncil [42] While the Council did not express an op1mon on the existence or extent of customary rights and interests that may be held by Te Whanau a Kai, Mr Beverley 22 Trust's opening at [78]. 23 Notes of Evidence (NOE) David Hawea at page 101. 24 Trust's opening at [118]. 25 Trust's opening at [122). 26 Trust's opening at [142). 27 Trust's opening at [5]. 28 Trust's opening at [6)-[8]. 29 Trust's opening at [151]. 16 submi...