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...Mr Fulton’s rights, a copy of this judgment will also be sent to Mr Fulton himself. [26] There are no issues as to costs. P R Spiller District Court Judge 3 See Stewart v Accident Compensation Corporation [2022] NZACC 101.
...means there were 4 people in and around the area that RI left the paintings. 18. RI says that she transported the paintings from BP by Uber. Paintings were transported in the boot of the car. RI is not sure whether, because of its size (B is 101 cm x 76 cm), it was transported in the boot or the back seat of the car. 19. ME gave evidence via telephone. ME said he is certain that B was not one of the paintings delivered on 29 July 2019. ME said he would have recognised it. Howe...
...policy reasons for this are to increase speedy and non-legalistic decision- making, to keep costs down, and avoid delays. Those matters are prioritised over any temporary impact on a party caused by a procedural determination. 15 Section 101. 16 Section 143(d). 17 Section 237(d). 18 Employment Relations Authority v Rawlings [2008] NZCA 15, [2008] ERNZ 26 at [23] and [26]; and H v A Ltd [2014] NZEmpC 92, [2014] ERNZ 38 at [17]. [18] Access to justice consid...
...with properties within 200 m of the designation be upgraded to minimise the impact of dust deposition effects.8 However, upon 7 Page 59 of Waka Kotahi Conditions (Track Changes Version). 8 Section 87F and 198D Report, at paragraphs [100] – [101]. P a g e | 5 obtaining a better understanding of the potential for dust deposition effects through further information, as assisted by Mr Curtis’ evidence and related discussions, I consider that it is only likely to be proper...
...Submissions were then filed by the Corporation, including noting that Ms Koloni, by that point, was already in receipt of judgments of this Court identifying absence of jurisdiction. 1 Stewart v Accident Compensation Corporation [2022] NZACC 101. 3 (e) In February 2023, the matter was set down for hearing to occur on 11 May 2023. A Minute dated 24 February 2023 was issued. (f) In accordance with the Practice Guidelines, it was for the appellant to prepare the required bun...
...reasonable” assessment was all that was required, conducted a de novo assessment in accordance with the parties’ 4 Mawhinney at [55]. 5 Country Lifestyles Ltd v Auckland Council [2022] NZEnvC 247 (Country Lifestyles). 6 Mawhinney at [101]. 7 Mawhinney at [104]. 8 Far East Investments Ltd v Auckland City Council A048/01 at [41]. 6 preference. [16] Conversely, in Country Lifestyles, the Court determined that “a ‘fresh view’ of the Council’s decision unde...
...Limited v Livingston (Judgment of Chief Judge C Inglis, 26 August 2019) CONFIDENTIALITY – Admissibility – Emails to employer copied to mediation services – Emails admissible – ss 148 and 189 Employment Relations Act 2000. [2019] NZEmpC 101 GD (Tauranga) Ltd v Price (Judgment of the full Court, 19 August 2019) HOLIDAY PAY – COMMISSION – average daily pay vs relevant daily pay – whether employer has discretion. [2019] NZEmpC 98 Noble v Ballooning Canterbury.com Ltd (Judgment o...
...the burden of proof.16 This means the state must affirmatively prove the physical and mental elements of the offence and must also negative any matter of defence raised by the evidence. 12 Clause 118, new section 72I. 13 Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [162] per Blanchard J. 14 Ibid at [172] per Blanchard J. 15 Clause 118, new section 72E. 16 Hansen v R [2007] NZSC 7, [2007] 3 NZLR 1 at [26] and [27] per Elias J. Strict liability offences 21. Strict liabili...
......................................................................................................................... 19 4. Operation and maintenance conditions ............................................................................................ 101 4.1 Operation and maintenance of RiverLink – designation conditions for GWRC flood protection designation .......................................................................................................................... 101...
...interest 54 Limited jurisdiction of Waitangi Tribunal in respect of licensed land 91 Reference of certain matters to Waitangi Tribunal for mediation 54 4 PCO 18973 v 5.19: 23 November 2016: 6:00 p.m. 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 lwi and Hapii of Te Rohe o Te Wairoa Claims Settlement Bill Jurisdiction of Waitangi Tribunal to make findings and recommendations Modification...