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1. [2024] NZEnvC 043 Barclay Management (2013) Ltd v City Rail Link Limited [pdf, 378 KB]

   ...assurances; (c) those assurances preclude CRLL from relying on the qualification to general condition 1 that its requirements are “subject to detailed design…”; (d) there would otherwise be no utility in providing unqualified assurances and statements in supporting documents as to how a particular work may be implemented; (e) conditions 25 and 27 require the development of traffic management plans in accordance with stated objectives. Those objectives refer, among ot...

2. Abyaneh v Auckland City Council [pdf, 175 KB]

   ...battens; (h) Providing new purpose made cap flashings to all parapet walls and deck balustrades; (i) Installing new nib wall to either side of garage door on the front elevation. THE CLAIM [10] The claimants at paragraph 12 of their statement of claim dated 19 September 2007 seek the sum of $371,579.34 for the costs estimated to carry out the remedial work. That figure is calculated as follows: - (a) Recladding costs $268,021.13 (b) Roof repair and replacement...

3. E17 Geraint Bermingham - Navigation - EIC - Applicant [pdf, 781 KB]

   ...gives me a detailed understanding of the navigational requirements of this directly affected maritime stakeholder. 2.5 I attended the Navigation Safety Expert Conference on 26 July 2018 and was involved in the development of the Joint Witness Statement (JWS) prepared and agreed at this conference. 3. SCOPE OF EVIDENCE 3.1 My evidence will cover the following matters: (a) The safety of maritime aspects of the Proposal (b) The utility of maritime aspects of the Pro...

4. 1 Cab paper Repeal of three strikes law Redacted [pdf, 1.5 MB]

   ...arrangements, there will be additional stress for some victims associated with Parole Board consideration or re-sentencing. This risk would be mitigated by the fact that the Parole Board or judge will be able to refer back to any previous victim impact statements, so victims will not need to submit again if they choose not to. Victims may choose to participate during any parole hearings or re-sentencings in accordance with their statutory rights. s9(2)(h) s9(2)(h) RE LE AS ED B Y

5. [2022] NZREADT 23 - CAC 1904 v Bright (8 November 2022) [pdf, 278 KB]

   ...him that she had been [deleted]. Mr Bright recounted the details of the incident. [47] Mr Rutherford subsequently advised Mr Bright that he was going to be suspended. Mr Bright [48] Mr Bright attended the hearing to give evidence in his defence. There is also an unsigned statement from him, in the form of a Response to Complaint (31 July 2019) sent by his former lawyer to the Authority’s investigator on 17 October 2019.3 3 Bundle of documents at 8–9, 16–18....

6. [2013] NZEmpC 165 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 185 KB]

   ...contained in the information, I can find no provisions in sch 2 5 [2013] NZHC 937. referring to the prosecutor’s obligations as to pre-trial information required to be provided to the defence. Such obligations may now be covered in the case of such a prosecution by the Criminal Disclosure Act 2008. The position would also be covered by the normal principles of disclosure required of a prosecutor. However, later in this...

7. Hall v Auckland Council [2012] NZWHT Auckland 6 [pdf, 228 KB]

   ...consequential losses: Mr Hall (Unit 16A) $66,062.97 Mr Binnie (Unit 16) $75,856.38 15 GENERAL DAMAGES [35] Mr Hall and Mr Binnie have each claimed $25,000.00 for general damages. The only challenge to this claim arises from the defence raised of contributory negligence which fails for the reasons that follow. I accept that on the basis of the evidence given in their briefs the claimants are entitled to an award of $25,000 each for general damages....

8. Ward-Williams - Ngāti Tānewai 6A section 5 (2003) 123 Aotea MB 159 (123 AOT 159) [pdf, 1.5 MB]

   ...against trustees when real abuse, failure and malfeasance are obvious. However, a careful approach requires that the rules of natural justice have been observed, that the appropriate legal thresholds have been reached and that there is no positive defence before any intervention by the Court can be contemplated. A considerable volume of material has been filed both prior to and following the hearing held on 30 October 2002 in support of this application. Much of that material is historic...

9. Marshall v IDEA Services Ltd (HDC Act) [2020] NZHRRT 9 [pdf, 434 KB]

   ...Disability Commissioner [7] Jurisdiction [14] 1 [This decision is to be cited as: Marshall v IDEA Services Ltd (HDC Act) [2020] NZHRRT 9] 2 THE SCOPE OF THE PRESENT PROCEEDINGS [17] The statement of claim [17] The statement of reply filed by IDEA Services [19] The admissions by IDEA Services – Right 4(1) [20] The admissions by IDEA Services – Right 4(2) [22] Admissions limited [24] The evidence [30] THE COURSE...

10. [2020] NZEmpC 63 Southern Taxis Ltd v A Labour Inspector [pdf, 518 KB]

    SOUTHERN TAXIS LIMITED v A LABOUR INSPECTOR [2020] NZEmpC 63 [14 May 2020 ] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2020] NZEmpC 63 EMPC 249/2018 EMPC 187/2019 IN THE MATTER OF challenges to determinations of the Employment Relations Authority BETWEEN SOUTHERN TAXIS LIMITED First Plaintiff AND MAUREEN VALERIE GRANT Second Plaintiff AND RONALD JAMES GRANT