Search Results

1. [2008] NZEmpC AC 20/09 Roebeck & Anor v Bradford Trust Ltd [pdf, 30 KB]

   ...intent to defeat the plaintiffs’ creditors. [5] The plaintiff’s application for stay of execution of the Authority’s remedies is very weakly supported. Only on the last working day before the hearing was any affidavit evidence at all filed in support of the application. This was a brief affidavit sworn by Mr Pakieto. Although it states Mr Pakieto’s authorisation to make the affidavit also on Mr Roebeck’s behalf, the affidavit neither explains the complete...

2. [2012] NZEmpC 203 Tinkler v Fugro PMS PTY Ltd & Pavement Management Services Ltd [pdf, 111 KB]

   ...challenge, finding that the settlement agreement had not been entered into under duress. A compliance order was issued in Fugro’s favour. 2 The parties were invited to agree costs if possible. They have been unable to do so, and counsel have filed memoranda in relation to the issue. [2] Fugro seeks a contribution towards its costs in the Court and the Authority, and payment of disbursements, totalling $35,920.84. It is accepted on Mr Tinkler’s behalf that Fugro is entitled...

3. [2012] NZEmpC 41 Port of Tauranga Ltd v Rail and Maritime Transport Union Inc & Anor [pdf, 69 KB]

   ...and exporters whose goods are not able to be moved as planned. It is said that, on average, a vessel will cost approximately US$40,000 a day while it is waiting to be loaded or unloaded. [11] The application for interim injunctions, which was filed on Sunday, was on notice to the defendants, but counsel for the plaintiff sought urgency and a hearing of the application that day. A telephone conference hearing was duly convened and although Mr Davenport indicated he was instructed...

4. Rogers v CAC 10028 & McGillen [2011] NZREADT 14 [pdf, 86 KB]

   ...the appellant then called Ms Wither who then called the McGillens and Mr McGillen said she had agreed that perhaps she shared some blame for non disclosure of the potential development. 4 The Appeal [18] On 9 January 2011 the appellant filed a Notice of Appeal with this Tribunal. [19] At a Directions Conference held on 1 April 2011 the Tribunal made a number of orders including directions that the appellant file and serve his Briefs of Evidence by 9 May 2011 and that the sec...

5. E v Hakaoro [2015] NZIACDT 29 (17 March 2015) [pdf, 138 KB]

   ...Tribunal has concluded it must uphold the complaint, as the material before it establishes those facts, and they amount to systematic and dishonest non-compliance with the duties Mr Hakaoro owed to the complainant. The complaint [5] The Registrar filed a statement of complaint, she put forward the following background as the basis for the complaint: [5.1] During 2009, the complainant was in New Zealand and her visa expired, and she did not get a new visa. [5.2] In the latter part of...

6. Goher v Hammadieh [2015] NZIACDT 44 (22 April 2015) [pdf, 92 KB]

   ...addressing the grounds of complaint. [4] The Tribunal has upheld the complaint, as the material before it establishes the allegations against him, and they constitute serious breaches of his professional obligations. The complaint [5] The Registrar filed a statement of complaint, she put forward the following background as the basis for the complaint: [5.1] In June 2013 the complainant engaged Mr Hammadieh to submit an expression of interest and residence application, and entered int...

7. ENVC Hearing 6Oct14 WML evidence chief Tim Johnson [pdf, 52 KB]

   ...evidence is exchanged the images created by Buildmedia will be circulated digitally given the large number of parties. I note that care needs to be taken when viewing the visual simulations on a computer screen. 7 44 The digital files will be preset to open at the appropriate scale. However it will be possible to zoom into the image on a computer beyond a human’s visual acuity. If a viewer chooses to zoom in, this can over emphasise the visual impact of the developm...

8. [2014] NZEmpC 177 SAI Systems Ltd v Bird [pdf, 81 KB]

   ...1 Both parties agreed that the challenge could be dealt with on the papers. Background [2] The Authority's determination was commendably brief. It did not deal with the facts of the substantive matter before it, but from the pleadings filed in this Court, the background that is not in dispute can probably best be summarised as follows. 1 Bird v Sai Systems Ltd [2014] NZERA Wellington 27. [3] Mr Bird was employe...

9. ACP v ZXP Ltd and ZXO Ltd [2013] NZDT 129 (13 June 2013) [pdf, 74 KB]

   ...the Limitation Act 2010 in building claims. [23] Applying this to the present case, the latest date I could say that ZXP Ltd completed the plans is September 2001 (the date building started). Ten years from that date is September 2011. ACP filed in the Tribunal on 11 March 2013, outside the ten year limitation imposed by s 393. Similarly, the latest date I could say ZXO Ltd would have completed its work would be 23 August 2002, when Code Compliance was issued. Under the s 393 te...

10. Deputy Registrar – Lot 1 DP 2811 (2013) 18 Te Waipounamu MB 287 (18 TWP 287) [pdf, 116 KB]

    ...(Heard at Christchurch) 7 December 2009, 139 South Island MB (Heard at Christchurch) Judgment: 05 July 2013 RESERVED JUDGMENT OF CHIEF JUDGE W W ISAAC 18 Te Waipounamu MB 288 Introduction [1] This application was filed by the Deputy Registrar on 28 May 2009 pursuant to s 131 of Te Ture Whenua Māori Act 1993 (“the Act”) to determine the status of Lot 1 DP 2811 (“Lot 1”). The application was filed in response to correspondence received from the...