Search Results

1. [2019] NZEnvC 035 Taylor v Small [pdf, 269 KB]

   ...Advice from Mr Brabant about lodgment of High Court proceedings. The parties were directed to file a joint memorandum by 25 May 2018 outlining whether a hearing would be required and when. In addition to the application for enforcement orders filed in this Court, the applicants also filed an application for declarations in the High Court. The declaration proceeding concerned the interpretation of restrictive covenants. The declarations sought were that (summarised):1 (a) Only...

2. TR v NI LCRO 109 / 2011 (21 February 2013) [pdf, 199 KB]

   ...to the complaints. In addition, they suggested that one option available to TR and TS was to engage other consultants in connection with the development. 3 [11] TT referred the matter to NI who reviewed the material and in a file note dated 5 October 2007 stated in the first paragraph “[t]his is a breach of contract and professional negligence claim.” [12] In the same file note, NI identified the likely claims to be for : - a) Recovery of CCI’s fees ($2,38...

3. WHT - Introduction to the Weathertight Homes Tribunal [pdf, 1 MB]

   ...explained in the following pages. Tribunal process Application to Tribunal Registration of claimRespondents served Preliminary conference Joinder/removal applications Case conferences as required Discovery Responses to claim Mediation Settlement Filing of briefs and hearing documents Experts’ conference if directed HearingSite visit if ordered Decision IF NOT SETTLED 4 Stages of the Tribunal process This section explains the main stages of the Tribunal process. The terms...

4. Edwards - Whakatohea (2018) 181 Waiariki MB 121 (181 WAR 121) [pdf, 247 KB]

   ...mailto:tom@bennion.co.nz mailto:emma@bennion.co.nz mailto:tekani@wwandd.co.nz mailto:coral@wwandd.co.nz mailto:bryan.gilling@morrisonkent.com mailto:sophie.dawe@morrisonkent.com 181 Waiariki MB 122 Introduction [1] On 12 December 2017, Adriana Edwards filed an application pursuant to s 30I of Te Ture Whenua Māori Act 1993 seeking a review of an order made by the Court in 1994 which appointed negotiators to act for and on behalf of Whakatōhea under s 30 of the Act.1 [2] As pa...

5. LCRO Annual Report 2020 [pdf, 355 KB]

   ...criminal and civil proceedings, rather than tailoring their approach to accommodate the informal and largely inquisitorial approach adopted in review hearings. Review Officers are increasingly bringing a more robust approach to the management of files at commencement and endeavouring at the outset to identify issues that have potential to impede the progress of the review. This approach to case management has assisted in identifying applications that disclose no reasonable cause o...

6. [2020] NZIACDT 27 - QM v Ng (24 June 2020) [pdf, 109 KB]

   ...INTRODUCTION [1] Ms Sandra Siew Hoon Ng, the adviser, acted for Mr QM, the complainant, in regard to a number of immigration applications. In particular, she drafted a residence application, but then handed it over to an unlicensed person to file and to subsequently deal with the complainant. [2] A complaint made by the complainant to the Immigration Advisers Authority (the Authority) was referred by the Registrar of Immigration Advisers (the Registrar), the head of the Authorit...

7. [2024] NZEmpC 50 Atlas Concrete Limited v Hadfield [pdf, 200 KB]

   ...INTERLOCUTORY JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS (Application for directions as to the nature and scope of the hearing) (Application for further and better particulars of the statement of claim) Introduction [1] The plaintiff has filed a challenge against a determination of the Employment Relations Authority finding that the defendant was unjustifiably disadvantaged and unjustifiably dismissed.1 The finding of unjustified disadvantage was based on defects in t

8. [2025] NZEmpC 166 Berryman v Fonterra Cooperative Group Ltd [pdf, 183 KB]

   ...The hearing of the proceedings took place on 11 and 12 November 2024 and 28 February 2025. Closing submissions were given following the conclusion of evidence on 28 February 2025. [2] On 5 May 2025 the plaintiff’s representative, Ms Lambert, filed a memorandum seeking to draw the Court’s attention to the District Court’s judgment 1 Berryman v Fonterra Cooperative Group Ltd [2024] NZERA 44. in Department of Labour v Idea Services Ltd,2 which the plaintiff submitted...

9. ENV-W46-Waka-Kotahi-NZ-Transport-v-MWRC-Order-granting-waivers-and-directions-17-Apr.pdf [pdf, 159 KB]

   ...Hearing: In chambers at Wellington Date of Decision: 17 April 2020 Date of Issue: 17 April 2020 ORDER OF THE COURT 2 Introduction [1] The Court has read the ex parte notice of motion seeking waivers and directions filed by Waka Kotahi NZ Transport Agency (the Transport Agency) on 9 April 2020, and the accompanying memorandum of counsel. [2] The waivers and directions sought relate to the proposed direct referral of an application for resource cons...

10. [2024] NZEmpC 94 Pride v Barker and ors [pdf, 173 KB]

    ...made to set the application down to be heard for half a day in Auckland. Timetable directions were made to allow for Ms Pride to file and serve further affidavit evidence and for the respondents to file reply evidence. No further evidence was filed. The parties were directed to file submissions in advance of the hearing. The Court provisionally allocated a costs categorisation of category 2, band B, in accordance with the Court’s Guideline Scale2 but made it clear that the par...