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1. ENV-2016-AKL-000xxx Man O'War Farm Limited v Auckland Council [pdf, 3.3 MB]

   RECE~VED 1 6 SEP 2016 BEFORE THE ENVIRONMENT COURT Environment Court ENV-2u ~ _ Auckland IN THE MATTER AND IN THE MATTER AND IN THE MATTER BETWEEN of the Local Government (Auckland Transitional Provisions) Act (2010) ("the Act") and the Resource Management Act 1991 ("RMA") of an appeal under s156(1) of the Act of Hearing Topics 11 (Rural Environment) and 64 (Subdivision - Rural) MAN O'WAR FARM LIMITED Appellant AUCKLAND COUNCIL Responden

2. Justice: our people, our communities [pdf, 6.2 MB]

   ...about crimes they experience so that we can support them, help them with their justice needs and focus on how we can prevent similar crimes in the future. ‘When asking victims to speak out we are asking a lot from them – they have to make a statement, go through a Police interview process and sometimes they are also intensively cross-examined. Victims often need support to get through these processes to avoid them being further traumatised. ‘If victims have specialist s...

3. International Covenant on Civil and Political Rights - summary record 3rd report (continued) [pdf, 40 KB]

   ...defendants in criminal cases. 4. As to the concern expressed regarding the status accorded to the Bill of Rights, he said that it actually had a slightly higher status than any other law, since it included a provision requiring the Attorney-General to make a statement to Parliament regarding any possible inconsistencies between proposed legislation and the Bill of Rights. Accordingly, any attempt to repeal it would most likely be subject to public scrutiny, which was not necessarily true for o...

4. Daunton v CAC 10065 & Morgan [2012] NZREADT 71 [pdf, 76 KB]

   ...licensee. The Rules provide that a licensee must ensure that they are open and honest with a purchaser so that they are not misled in their decision to make an offer to purchase a property. There does not need to be any reliance by the purchaser on the statements (or lack of statements) by the agent and it is clear that a duty of utmost good faith is required from the agent.” [18] We agree with the first respondent about the following relevant points of principle: [a] Provisio...

5. [2015] NZEmpC 48 Thorne v Kiwirail Ltd [pdf, 144 KB]

   ...Thorne had operated passenger trains on approximately 30 occasions during the 11-day period between 16 May, when he smoked the cannabis, and the accident at Melling Station on 27 May 2014. Pleadings [26] It is pleaded in the plaintiff's statement of claim that his dismissal was unjustified in that: (a) the defendant failed or refused to consider rehabilitation as the preferred option under the MECA; (b) the decision to dismiss was "improperly delegated"...

6. [2013] NZEmpC 238 AsiaCiti Trust NZ Ltd v Harris [pdf, 159 KB]

   ...employment Ms Harris occupied in Asiaciti did not, in any event, warrant a clause as wide as that contained in her employment agreement and therefore as restrictive upon her future activities. There was close supervision of her work as evidenced by statements of Ms Meha. She was dealing with middle level employees. It is notable that no evidence was procured from any of the clients to support the allegations made. Ms Harris was a trusted administrator and brought to her position...

7. SW on behalf of COMPANY 1 v RG, OL and HJ LCRO 130/2014 (3 November 2016) [pdf, 105 KB]

   ...incorrect? [74] Argument is advanced that Mr RG allowed an affidavit to be put before the Court, when he was aware that the affidavit contained a material error and he had been alerted to the error. [75] To support this argument, reliance is placed on statements from Mr SW and Mr VL, in which they depose to having advised Mr RG of the error. It is submitted that in the absence of rebuttal evidence from Mr RG, Mr SW and Mr VL’s statements should be accepted, and a finding reached tha...

8. LCRO 79/2019 PS v NR (28 May 2020) [pdf, 193 KB]

   ...protection order hearing on 29 June 2017, and the pre-hearing on 3 October 2017, were her emails which Mr NR had agreed at the 3 October 2017 pre-hearing conference, could be sent to him to pass on to Mr UM. [33] She says despite the Judge’s statement that during “some of [the] time” when Mr PS was communicating by email with Mr UM and Mr NR she “had a barrister acting for her”, she represented herself in the proceedings. She says Ms TK, appointed by the 6 Court in Fe...

9. Complaints Assessment Committee 304 v Foreman [2017] NZREADT 3 [pdf, 158 KB]

   ...screwed to the wall.4 Mr Parker conceded that he was not able to point to any direct evidence that Mr Foreman had knowledge of the defects but relied on circumstantial evidence. Mr Rea also submitted that the evidence of the other witness for the defence supported Mr Foreman’s view that he was unaware of the defects of the property prior to a purchase by the Parkers. The only evidence Mr Rea submitted that there was which indicated Mr Foreman had knowledge of the defects was:...

10. [2021] NZACC 26 - Haugh v ACC (4 February 2021) [pdf, 215 KB]

    ...Compensation Assessment issued to you on 24 August 2016 confirming these calculations. I have also included a copy of the ACC 206 form and ACC’s letter dated 01 September 2016 for your reference. Agreed facts [4] The parties have filed an agreed statement of facts, reproduced as follows: • Mr Haugh suffered an injury to his back in January 2015. • On 21 February 2015 the Corporation issued a weekly compensation decision, on an interim basis, advising Mr Haugh that...