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CLAIM FILE NO: 00134 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER OF an adjudication BETWEEN PHILLIP LIONEL KELLEWAY and PRITTY SITA KELLEWAY Claimants AND MANU INSAR First respondent AND WAITAKERE CITY COUNCIL Second respondent AND CHRISTINE TENNENT Third respondent HEARING: 27 & 28 August 2003 COUNSEL for the Claimants: D Tui COUNSEL for the Second Respondent: S Jameson and D Hean
IN THE ENVIRONMENT COURT AUCKLAND REGISTRY ENV-2016-AKL- IN THE MATTER of the Local Government (Auckland Transitional Provisions) Act 2010 ("LGATPA") and the Resource Management Act 1991 ("RMA") AND IN THE MATTER of an appeal under section 156(1) of the LGATPA against a decision of the Auckland Council on a recommendation of the Auckland Unitary Plan Independent Hearing Panel ("Hearing Panel") on the proposed Auckland Unitary Plan ("Proposed Plan...
...procedural error by reason of failing 17 to hear and consider submissions on the issue after first making conduct findings. [87] In support of some of his submissions, the applicant made reference to decisions of the High Court and Court of Appeal respectively in Claims Resolution Service Limited v Pfisterer & Anr3 and Pfisterer v Claims Resolution Service Limited & Anr.4 In those decisions dated May 2021 and October 2023 respectively, the relevant Courts analysed at consi...
...of a director, servant, or agent of the company … can be regarded, in spite of the agency, as that person's own conduct as well as conduct for which the body corporate is liable." 11.3 That question was considered by the Court of Appeal in Kinsman v Cornfields Ltd (1997) 8 TCLR 278 suggesting that there was liability for both the director and the company under the Fair Trading Act. The judgment recorded: "[27] … We think that the Judge's approach in fi...
...of the provisions they wish to have inserted within the Plan. The text should be based on the version that the Council is now proposing with tracked changes striking out the parts that the appellant is seeking to delete and underlined text PAUP appeal - Rural subdivision 2 " representing its preferred substitute provisions. REASONS Introduction [1] This hearing sought to address a preliminary issue as to whether or not the replacement text of the Council's decisio...
IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 197 ACAR 022/23 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN JOSHUA VAKA Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 5 November 2024 Heard at: Auckland/Tāmaki Makaurau Appearances: J P Millar for the Appellant L M Hansen for the Respondent Judgment: 2 Decemb...
...redundancy would not be discussed with Mr Wills, as it was hoped his skills could be retained in the business. It was decided that Mr Gray would offer Mr Wills the opportunity to work in Auckland on a baking-related project, which it was thought would appeal to him. [24] Following the consultation meeting with staff, Mr Gray met privately with Mr Wills, and told him that he would not be made redundant as Goodman Fielder wanted to retain him. He was asked to work in Auckland, a...
...ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER BETWEEN AND Court: Environment Judge C J Thompson Alternate Environment Judge C L Fox Environment Commissioner W R Howie ENV-201S-WLG-OS4 Decision No [2018] NZEnvC 7 9 of an appeal under clause 14( 1) of the First Schedule to the Resource Management Act 1991 MAUNGAHARURU-TANGITO TRUST Appellant HASTINGS DISTRICT COUNCIL Respondent Hearing: at Hastings and Napier 6 - 8 March and 26 - 27 April 2018 Coun...
...Forest and Bird Protection Society Inc Date of Decision: 16 April 2018 Date of Issue: Ib April 2018 Friends of Nelson Haven and Tasman Bay Inc & Others v Tasman District Council 2 FINDINGS AND DIRECTIONS OF THE ENVIRONMENT COURT A: The appeal is allowed in part and refused in part, as set out in the draft directions in paragraph [137]. B: The Respondent is directed to prepare and consult with the other parties on the final form of the provisions of the Tasman Resource Ma...
...Reputation and standing [106] Prior publication [118] The allegation that the breaches were not one-off events [124] Overall conclusion [131] Protection of the privacy interests of family members [137] Interim non-publication order pending possible appeal [138] COSTS [140] ORDERS [141] 2 INTRODUCTION [1] These proceedings under Part 4 of the Health and Disability Commissioner Act 1994 (HDC Act) have been brought by the Director of Proceedings (Director). [2] At the relevant...