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1. [2021] NZEnvC 111 Weston Lea Limited v Hamilton City Council [pdf, 23 MB]

   ...copy of consents, conditions and maps for certification by the Court are to be provided by the Council within 10 working days of the date of this decision. D: Applications for costs are not encouraged. If any application is to be made, it is to filed within 20 working days, any reply within 10 working days and a final reply (if any) within a further 10 working days REASONS Introduction [1] By decision [2020] NZ EnvC 189, this Court determined that the consent was to be granted...

2. [2012] NZEmpC 63 Rooney Earthmoving Ltd v McTague Whiting and Bartlet [pdf, 304 KB]

   ...them. 7 [12] Without new objection from the defendants, a second combined amended statement of claim (the combined statement of claim) was filed on 4 August 2010. In a minute of 6 September 2010, I stated that, if leave was required for the filing of the combined statement of claim, then it was granted. Provision was made for the filing and service of statements of defence. Another chambers hearing by telephone conference call was held on 30 September 2010 which resulted in a...

3. [2012] NZEmpC 95 Strachan v Moodie [pdf, 323 KB]

   ...with the practice in a voluntary capacity which is probably best encapsulated by Mr Moodie’s own description of it as a “pupilage”. In return for gaining experience and skill, Ms Strachan was to assist Mr Moodie in the preparation of his files, to undertake relevant legal research, and to act in much of the way that a lawyer’s clerk might in these circumstances. At the time Ms Strachan was both employed as a nurse and was an LLM student at Victoria University in Wellington...

4. [2006] NZEmpC WC 13/06 Griffith v Sunbeam Corp Ltd [pdf, 179 KB]

   ...likely to take at least another day, and “in particular, because of the very real prospect of challenge to an Authority determination.” [6] The matter proceeded before the Court on the basis of the statement of problem and statement in reply filed in the Authority. The statement of problem consisted essentially of two letters. The first was written by Mr Griffith’s then advocate, Vic Jarvis, to Sunbeam on 13 October 2003. The other was a response to Mr Jarvis’ letter...

5. Fehling v South Westland Area School [2012] NZHRRT 15 [pdf, 144 KB]

   ...with his privacy. That is, however, the limit of the Tribunal’s power to deal with the plaintiff’s matters. In all other respects the plaintiff’s claims are dismissed. [9] Dissatisfied with this ruling, on or about 30 May 2011 Mr Fehling filed an appeal in the High Court, Greymouth Registry. As best we understand from the description given by Mr Fehling, the Registrar refused to accept the papers on the grounds that they did not comply with the High Court Rules. In addition,...

6. Stanimirovic v Levarko [2018] NZIACDT 3 (7 February 2018) [pdf, 350 KB]

   ...[9.6] Mr Levarko failed to engage with his client properly and did not comply with the 2014 Code, including failing to have a written agreement for the provision of professional services. The Complaint The background facts [10] The Registrar filed a statement of complaint, set out a factual narrative, and identified three grounds for complaint. The main elements of the factual background in the statement of complaint are as follows: The parties [10.1] Mr Stanimirovic engaged T...

7. EMPC Swearing in Judge Perkins [pdf, 217 KB]

   ...someone who is now a relatively senior member of the Bar, he was able to explain it to me. You were an excellent teacher, incredibly patient and always courteous, but you were daunting. Everything was in order. You were always on top of your files to the extent that those files had to be in meticulous physical order as well as legal order. Things were done on time and generally early, which will make most of us in this room feel relatively uncomfortable, and, more importantly, t...

8. [2012] NZEmpC 161 O Hagan v Waitomo Adventures Ltd [pdf, 230 KB]

   ...unresolved, a number of which form part of the current claim. [50] Mr O’Hagan subsequently laid a complaint with the Police, the Inland Revenue Department and the Privacy Commissioner. It appears that both Inland Revenue and Police closed their files without taking formal action. Constructive dismissal? [51] It is well established that a constructive dismissal may occur where a breach of duty by the employer leads an employee to resign. 4 [52] Mr Hayes, counsel f...

9. Naera v Fenwick - Whakapoungakau 24 Tikitere Trust [2011] Māori Appellate Court MB 316 (2011 APPEAL 316) [pdf, 194 KB]

   ...into the agreement without the need to make application to the Court in terms of section 229. [46] In any case, the 2004 variation, which specifically enabled the trustees to enter into joint ventures and therefore the TPA, nullified any need to file an application under section 229. [47] Further we do not see the geothermal project as being a ―new venture‖. There is significant geothermal activity on and under the lands vested in this trust. It is difficult to see how any r...

10. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 35 [pdf, 309 KB]

    ...10(d) October evidence) that the exterior paint system approved in the building consent had been changed to Xypex, about which he had doubts. (He did not seem to agree with Mr Morrison, the claimant‟s other expert). [21] In a spreadsheet filed in June 2010 Mr Medricky indicated that the fault he was concerned with was the horizontal and vertical cracking in the blockwork. His further concern was not that the Xypex was not a generally suitable product, but that it may not seal...