Search Results

1. [2017] NZEnvC 208 Chris Robertson and Sergio Salis v Dunedin City Council and Filleul Apartments JV Ltd [pdf, 2.6 MB]

   ...apartments offer a considerably better design for the appellants in terms of light in that it includes a substantial break in the building and the applicant offered to paint the north wall a suitably light reflecting colour; (ii) the appellants' statement of facts and issues required determination by the court as to whether the proposal was consistent with the objectives and policies of the District Plan, although by the date of the hearing all experts agreed this was not an...

2. [2018] NZEmpC 90 Industrial Equipment Distributors Lifting Centre Ltd v Scouller [pdf, 321 KB]

   ...[2013] NZHC 2261, (2013) 21 PRNZ 520 (footnotes omitted). Analysis [32] I begin by considering the question of whether the documents in question are relevant to any issue which arises from the pleadings. [33] Paragraph 41 of the statement of claim states: Mr Scouller and/or Mr Scrivener also misused other parts of IED’s confidential information, and thereby breached the express and/or implied terms of their contracts of employment, to enable IED’s confidential...

3. The Elected Representatives v Hauraki Maori Trust Board (2007) 127 Waikato MB 163 (127 W 163) [pdf, 2.7 MB]

   ...fees and the time and disbursement costs of preparing evidence for that hearing. It may be that the mediation does not result in a resolution and that further hearings will be required as a result. Nevertheless we are at a very preliminary stage, statements of claim and opposition have not yet been exchanged and we must hope that the mediation process will be successfili. That leaves a somewhat different aspect to these proceedings than those case examples I have been referred to, a...

4. FBN v Broadway [2019] NZIACDT 77 (28 November 2019) Sanctions [pdf, 127 KB]

   ...some scepticism as to Ms Broadway’s explanation that she was unfamiliar with the need to establish a professional relationship with all the parties, as she had thought her relationship was with the employer. In any event, it was found to be no defence that an adviser misunderstood who the client was. [16] While it was not dishonest or misleading to retrospectively seek a client’s signature to an agreement for services that had in fact already been performed, it was dishonest...

5. [2022] NZIACDT 15 - BC v Lawlor (29 June 2022) [pdf, 218 KB]

   ...industry in general. He has attested to the pressures, including financial pressures, arising from the collapse of his practice as a result of the COVID-19 lockdowns, which significantly impacted his physical and mental health. [25] There is a statement from Mr Lawlor (10 June 2022). He accepts the decision of the Tribunal. It is clear to him that he failed to act as a professional. He has previously apologised to the complainant and her family and he sincerely regrets failing...

6. W v Secretary for Justice [2023] NZRA 003 (5 May 2023) [pdf, 225 KB]

   ...roles such as in-house legal work, law clerking, lecturing and working as a judge’s research counsel or clerk, will not be regarded by the Secretary as “litigation work” for the purposes of clause 14(a). The Applicant submitted that that statement in the Guide was in error, and that judge’s clerking should be treated differently from the other stated occupations. [41] That submission can be dealt with shortly. I am not directly concerned in this decision with statements ma...

7. MC & TC v B Ltd [2023] NZDT 531 (27 September 2023) [pdf, 253 KB]

   ...there were no signs of lameness in the lead up to the trek or during it. e. I accept that ‘kicking out’ is an aspect of horse behaviour that can be defensive / communicative rather than aggressive. I have no evidence to contradict B Ltd’s statement that XJ has never kicked another horse. f. I accept that horses naturally adopt a pack order. Therefore, on any given trek, riders must expect that they may be on a leader / front of pack horse, or they may be on a follower / rea...

8. Guide-for-making-an-appeal-to-the-Taxation-and-Charities-Review-Authority.pdf [pdf, 330 KB]

   ...Law Centre can advise on this. • Citizens Advice Bureau • Community Law The Chief Executive or the Charities Registration Board is usually represented by a lawyer. What happens next? Once your appeal has been filed, and the notice of defence has been received from the respondent, the Authority will schedule a case management conference (telephone call) hearing with all parties. The purpose of the telephone call is to clarify the issues to be determined in the appeal and...

9. [2025] NZEmpC 19 Postal Workers Union of Aotearoa Inc v NZ Post Ltd [pdf, 218 KB]

   ...s 6(3) provides: For the purposes of subsection (2), the court or the Authority— (a) must consider all relevant matters, including any matters that indicate the intention of the persons; and (b) is not to treat as a determining matter any statement by the persons that describes the nature of their relationship. The second application [9] The second application contained 12 grounds. The first two grounds set out the framework for the remaining grounds by referring to the Sup...

10. [2025] NZEmpC 138 Soundhomes NZ Ltd v Doughty [pdf, 281 KB]

    ...They argue that this is supported by the fact that the forensic 19 $75,236.74. 20 Air New Zealand Ltd v Commerce Commission [2007] NZCA 27, [2007] 2 NZLR 494 at [47]. accountant’s fees are claimed as special damages in the amended statement of problem filed in the Authority. They submit that these costs cannot be claimed twice. [39] The applicant says that should the expert’s fees be ordered to be paid as a disbursement, it will amend the statement of problem to r...