Search Results

1. 2021-03-16 ORC - MOC - expert conferencing [pdf, 147 KB]

   ...session are set out in Attachments 1 to 4. 4 It is expected that a Joint Witness Statement will be completed at the commencement of each conferencing session, or at a later date directed by Commissioner Dunlop. The Joint Witness Statement would be filed with Commissioner Dunlop and circulated to the parties. 5 In relation to the reconciliation of outputs of each of the conferencing sessions, Counsel proposes the following: (a) The planners participating in the Hydro and Commu...

2. [2021] NZEmpC 13 Edwards v Recreational Services Ltd [pdf, 206 KB]

   ...first before turning to his ability to pay. Care is required in this exercise because at such an early stage of the proceeding only a general impression can be gained and a different picture may emerge during a hearing. [15] While both parties filed affidavits, what was said in them concentrated on Mr Edwards’ ability to pay. They did not traverse in any way what was said to have happened when Mr Edwards was employed and throughout his employment. The Authority’s conclusion...

3. Cousins v Plaster Systems Ltd [pdf, 31 KB]

   ...tribunal is following the decision of Justice Asher in Kells v Auckland City Council and ORS, High Court Auckland Registry CIV 2008-404-1812,30 May 2008 where His Honour stated: “[33] Consistent with a claim under the act not equating to the filing of the civil proceedings in Court, a number of provisions illustrate that the approach to the joinder of parties under the Weathertight Homes Act is different to that in civil proceedings.” The “tenable evidence” t...

4. [2017] NZEmpC 19 Lewis v Silver Fern Farms Ltd [pdf, 141 KB]

   ...Employment Relations authority AND IN THE MATTER of an application for costs BETWEEN RICHARD LEWIS (LABOUR INSPECTOR) Plaintiff AND SILVER FERN FARMS LIMITED Defendant Hearing: By memoranda of submissions filed 13 and 22 September 2016 Appearances: C English, counsel for plaintiff T Cleary, counsel for defendant Judgment: 23 February 2017 COSTS JUDGMENT OF JUDGE K G SMITH Introduction [1] In this proceeding the L...

5. OWRUG - EiC - Edgar Parcell (5 Feb 2021) [pdf, 105 KB]

   ...installed monitoring equipment, undertaken water testing and engaged consultants to advise us on how we need to modify our system to meet with today’s expectations. That work is well advanced and our application for replacement permits will be filed very soon. 16. It is extremely frustrating to now be faced with yet another set of moving goal posts, largely because the Council has not done its job properly in implementing Plan Change 1C (which became operative in 2012). Si...

6. 2021 February - Family Violence Provider Update [pdf, 157 KB]

   ...childcare issues. If you want to deliver the entire programme remotely, an ‘Approval for remote delivery of NVP’ form must be completed and signed by both the assessor/facilitator and the clinical lead or manager. Keep a copy on the client file and send a copy to your Ministry of Justice contract manager (prior to the programme beginning) for monitoring purposes. Please remember: • the FVPP02a or FVPP06 must also detail the remote delivery • NVP groups are not to be delive...

7. [2020] NZSSAA 7 (30 April 2020) [pdf, 133 KB]

   ...from discrimination affirmed by s 19 of the New Zealand Bill of Rights Act 1990 because it discriminates against persons on the grounds of their employment status.2 Significantly, this declaration was issued after the plaintiff and the Ministry filed a joint memorandum seeking a declaration that these provisions of the social security legislation constituted a breach of Part 1A of the Human Rights Act 1993. [20] In the view of the HRRT, s 71A of the 1964 Act and s 198 of the 2018 A...

8. [2020] NZEmpC 107 Appleyard v CoreLogic NZ Ltd [pdf, 190 KB]

   ...Fitzgibbon). [3] Mr Appleyard has elected to challenge the determination by way of a hearing de novo. It has been agreed that the matter will be heard on the papers as it was before the Authority. An agreed statement of facts has been filed, together with attachment of agreed documents to be admitted. Counsel have provided submissions in support, answer and reply. Agreed facts and documents submitted [4] The agreed facts are as follows: 1. The Plaintiff commence...

9. [2020] NZEnvC 118 Thi Lan Anh Tran trading as Hanoi Vietnam Cafe v City Rail Link Limited [pdf, 189 KB]

   ...(there are 2 extant) and this kind of application.1 It is the more appropriate in the present case given our knowledge of the enormous detail of material placed before the Court by Ms Tran previously, to enable us to compare it with what she has filed now. The other reason is that Courts resist "jurisdiction shopping" whereby parties endeavour to choose Judges to hear cases. [5] It is not clear to us whether Ms Tran has served copies of the application on the other parties...

10. LCRO 236/2017 HC and CI v PR (10 December 2019) [pdf, 100 KB]

    ...The first of those, from Ms ET at [Law firm A], relates to advice the complainants sought regarding leverage and avenues for recovery as against the vendor and their neighbour. Ms ET’s advice appears to have encompassed a review of Mr PR’s file. That advice may have touched in some way on Mr PR’s involvement in the complainants’ purchase, and the fact that the complainants have a statutory right to make a complaint about the conduct, service and fees of any lawyer, includi...