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1. Sen v Kiff [2012] NZWHT Auckland 3 [pdf, 156 KB]

   ...report was dated 24 July 2009 but the Reliant quote is more recent, dated 11 February 2011. [55] In addition Mr and Mrs Sen have claimed $20,000.00 general damages each for themselves and their daughter, a total of $60,000.00. The Court of Appeal has stated that $25,000.00 per dwelling is to be taken as a guide for awards of general damages in leaky homes cases.3 I accept Mr and Mrs Sen’s evidence that they and their daughter have suffered mentally and physically from their...

2. [2017] NZEnvC 193 Doctors Flat Vineyard Ltd v Central Otago District Council [pdf, 4.5 MB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND Decision No, [2017] NZEnvC193 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act DOCTORS FLAT VINEYARD LIMITED & RUBICON HALL ROAD LIMITED (ENV-2017-CHC-16) Appellants CENTRAL OTAGO DISTRICT COUNCIL Respondent Court: Environment Judge J R Jackson Environment Commissioner C J Wilkinson Environment Commissioner K A Edmonds Hearing: In Chambers at Christchurch Date of Decision...

3. CL & ZA v GU LCRO 148/2013 (25 May 2016) [pdf, 68 KB]

   ...of the parties, as is the case here. Nature and Scope of Review [23] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review is much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reaching his o...

4. Barry Knox [pdf, 167 KB]

   ...assessment of the similarities and differences between the opinions of these Landscape Architects. A summary of the points I made during the hearing are attached to this evidence as Appendix 1. The application was declined and this decision was appealed. 9 I have been asked to provide evidence to assist DCC with the Environment Court hearing. For this I undertook further site assessments on 3, 8 and 14 February 2017. 10 For the sake of transparency I wish to record that I ha...

5. [2018] NZEnvC 030 Auckland Council v London Pacific Family Trust [pdf, 7.4 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC ~ 0 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act AUCKLAND COUNCIL (ENV-20 17 -AKL-OOO 105) Appellant JANICE BUDDEN, MARK GITTOS AND MICHAEL ROWE AS TRUSTEES OF THE LONDON PACIFIC FAMILY TRUST Respondent Principal Environment Judge L J Newhook Environment Judge JJM Hassan Environ...

6. BORA Financial Advisers Bill [pdf, 375 KB]

   ...the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person’s rights, obligations, or interests protected or recognised by law. The Court of Appeal has stated that observance of the principles of natural justice is a flexible concept and is very much fact specific. 65. The right in section 27(1) affirms that decisions are made in a procedurally fair way. Natural justice requires, in...

7. [2021] NZEmpC 59 Humphrey v Canterbury District Health Board [pdf, 242 KB]

   ...an employee on the basis of incompatibility. Whether the dismissal will be justified depends on whether what the employer did and how they did it was what a fair and reasonable employer could have done in all of the circumstances. The Court of Appeal has made it clear that a dismissal for incompatibility will only rarely be available.2 It is also worth noting at this point that Parliament has expressly provided that reinstatement is the primary remedy in circumstances where an em...

8. [2020] NZEmpC 177 MacKenzie v Huntington’s Disease Association (Auckland) Inc [pdf, 242 KB]

   ...(t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95 at 104. 4 At 104. [31] In Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc, the Court of Appeal outlined the correct approach to constructive dismissals as follows:5 In such a case as this we consider that the first relevant question is whether the resignation has been caused by a breach of duty on the part of the employer....

9. Barriball v Schimanski - Otaraoa-B2E Block (2021) 431 Aotea MB 256 (431 AOT 256) [pdf, 287 KB]

   ...https://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?search=sw_096be8ed81a8262f_231_25_se&p=1&id=DLM292141#DLM292141 431 Aotea MB 265 matters of operational management may require review, particularly where there is an apprehension of risk to the assets of the trust or a serious allegation requiring inquiry.16 [35] In Rameka v Hall, the Court of Appeal referred to the general responsibilities of trustees set out in s 223 of the Act, which include carrying...

10. Prajapati v Khetarpal [2016] NZIACDT 23 (3 May 2016) [pdf, 250 KB]

    ...[4.4] Compensation and costs of $4,450. [5] The Tribunal noted in the Khan matter; if it stood alone, rather than cancellation or suspension of her licence, training, without cancellation or suspension would have applied. [6] Ms Khetarpal has appealed to the District Court against both of the existing sanctions decisions, and applied to the High Court for judicial review of the decision upholding the complaint in the OJ matter. The respective courts have not made any decisions on the...