Search Results

1. [2018] NZEnvC 060 Sabatier v Auckland Council [pdf, 5 MB]

   ...Act. Except as provided in s 320, the provisions of ss 314 to 319 of the Act apply. The principal orders· are orders that are said to be within the scope of s 314(1 )(a)(i) of the Act. Section 1 The application for interim enforcement orders was filed together with an application for substantive enforcement orders (both dated 13 March 2018). A limited undertaking as to damages was given under cover of a letter from lawyers, Churton Hart & Divers Ltd dated 26 April 2018. Counsel for...

2. Pacey v Adlam - Matata Parish 39A2B2B2A and Matata 30A 2A (2016) 147 Waiariki MB 143 (147 WAR 143) [pdf, 260 KB]

   ...minority shareholders, which the Court went to great lengths to consider prior to the issuing of the 10 September 2015 judgment (September judgment). 2 [3] The majority trustees of the Farm Trust and the majority trustees of the Bath Trust have filed identical applications requesting the following: (a) Recall of paragraphs [5], [52] and [62](a) of the reserved judgment delivered on 10 September 2015 at 127 Waiariki MB 184; (b) A rehearing, per s 43 of the Act, of part of the Tr...

3. BORA Electoral Finance Bill [pdf, 444 KB]

   ...or knowledge, and a less serious offence (illegal practice) which has no mens rea element but has an express defence. The defence may involve proof by the person of absence of intention or knowledge and/or having taken all reasonable steps: 62.1 Filing a false return in relation to donations (Clauses 32(3), 40(2), 50(2)); 62.2 Anonymous third party donations (Clause 43(2)); 62.3 Exceeding the prescribed amounts in relation to election expenses in the regulated period (Clauses 67(1), 8...

4. [2020] NZEmpC 203 A Labour Inspector v Chhoir [pdf, 331 KB]

   ...First Defendant AND RATTANAK HENG IN PARTNERSHIP WITH SOK HOIRNG CHHOIR TRADING AS THE BAKEHOUSE CAFÉ Second Defendant Hearing: 22–23 July 2020 (Heard at Hamilton) And by further submissions filed on 6 and 20 August 2020 Appearances: J Perrott and S Blick, counsel for plaintiff M Robson, counsel for defendants and R Cheam Judgment: 23 November 2020 JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS [1] The d...

5. [2019] NZEmpC 12 A Labour Inspector v Daleson Investment Ltd [pdf, 376 KB]

   ...subsequently took recovery action against the company and sought penalties for breaches of the Minimum Wage Act 1983, the Holidays Act 2003 and the Employment Relations Act 2000 (the Act), in respect of the six employees. [8] The Labour Inspector filed written submissions in advance of the Authority’s investigation, setting out (in relation to the claim for penalties) the principles which were said to emerge from the full Court’s judgment in Borsboom v Preet PVT Ltd.3 She iden...

6. Director of Proceedings v Brooks [2019] NZHRRT 37 [pdf, 828 KB]

   (1) PERMANENT ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE CHAIRPERSON OR OF THE TRIBUNAL. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2019] NZHRRT 37 UNDER BETWEEN AND AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson Ms K Anderson, Member Ms W Gilchrist, Member REPRESENTATION: Reference No. HRRT 093/2016 SECTION 50 OF THE HEAL TH AND DISABILITY COMMISSIONER ACT 1994 DIRECTOR OF PROCEEDINGS PLAINTIFF WILLIAM ARTHUR BROOKS DEFENDANT Ms V Cas...

7. O'Hagan v Police [2020] NZHRRT 22 [pdf, 827 KB]

   ...him to pursue an allegation that everything said by his ex- wife was untrue. [20] Given Mr O’Hagan’s claim that he went into the hearing unprepared the following are to be noted: [20.1] Prior to the hearing he had been served with the papers filed by his ex- wife in opposition to his contact application. He knew what her evidence would be. [20.2] In response to earlier IPP 6 requests, he had in the past been provided by the Police with statements made to them by his ex-wife. In...

8. LCRO 185/2020 BC v DE and FG decision & minute (20 May 2021 & 30 April 2021) [pdf, 201 KB]

   ...Authority (the employment proceedings). [4] Ms FG was one of two directors of RL. [5] Amongst the allegations made by Ms BC in the employment proceedings, was that RL/Ms FG had committed acts of fraud and other criminal conduct. [6] Shortly after filing the employment proceedings, Ms BC made an application to have them transferred to the Employment Court. [7] On 6 May 2020, the member of the Employment Relations Authority (ERA) with the responsibility for managing and hearing th...

9. Kapua - Succession to Paora te Hiko [2022] Chief Judge's MB 645 (2022 CJ 645) [pdf, 450 KB]

   ...this change. [5] On 14 March 2019, and as noted above, the Registrar’s Preliminary Report and Recommendation was distributed to all affected parties, for whom addresses were known. [6] On 10 May 2019, Miringa Kameta on behalf of Pollyanna Hepi filed a notice of intention to appear upon the application and submitted exhibits A, B, C to validate her claim that there were errors in the Registrar’s Report at paragraphs [19] i, ii, [20] – [23], [25], and [30] of...

10. [2022] NZEnvC 260 Tasman District Council v Awaroa Aerodrome Limited [pdf, 3.1 MB]

    ...issue which was primarily before the Court was the extent of historic use of the 5 Airstrip and the extent to which current aircraft use of the Airstrip has existing use rights based on that historic use. [9] Affidavits from six witnesses were filed by the Council and eight by the Respondents. The Council witnesses included a Council enforcement officer, a Council planner and four resident witnesses who gave evidence as to use of the Airstrip and their concerns/annoyances as t...