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1. Port of Tauranga Limited Submissions - 6 December 2017 [pdf, 161 KB]

   ...essentally boils down to a consideration of whether the amendment was reasonably and fairly raised in the course of submissions and, in this case, on appeal - and this needs to be approached in a realistic workable manner. But it also needs to be done carefully, in order to ensure no natural justice issues arise. 14 At [105]. 15 Albany North Landowners v Auckland City Council [2016] 138. 16 At [135]. 6 17. It is submitted that a particular issue for the Court in this case is...

2. [2022] NZEmpC 42 TPT Forests Ltd v Penfold [pdf, 219 KB]

   ...respondents are the best people to assert a claim for privilege as they are the privilege holders, which is in line with conventional discovery processes. [10] An affidavit was filed for a former client of TPT expressing concern that documents protected by legal privilege might be disclosed to TPT under the process it suggests. Another affidavit was filed for a company associated with Mr Stronge’s current employer. It expresses concern that its commercial and sensitive...

3. LCRO 196/2021 DB v HP and JK (28 April 2022) [pdf, 144 KB]

   ...November 2021. His application in large part traverses the issues raised in the course of advancing his complaint to the Standards Committee. [27] These can be summarised as concerns that: (a) The trust set up by Mr JK in 1997 was intended to protect assets from risk of a property relationship claim; and 5 (b) the name of the trust established was not accurately reflected in a copy of a trust deed he had been provided with; and (c) Mr JK had placed his name on title deeds t...

4. 2023-10-11-MTA-Rebuttal-Evidence-of-D-Wilson.pdf [pdf, 228 KB]

   ...15. Mrs Di Rump discusses how we have worked with Ngā hapū o Raukawa and Waka Kotahi in order to see our mātauranga appropriately recognised by the Project in her evidence. 16. Because our mātauranga is a taonga, we as an iwi are very careful about how much we wish to share and with whom. It is important that some of our mātauranga be reserved solely for Muaūpoko people such as our wāhi tapu and whakapapa connections. However, it is equally important that this Project...

5. BX v W Ltd [2023] NZDT 709 (21 December 2023) [pdf, 117 KB]

   ...under New Zealand law. Issue 2 [11] As stated, the respondent is operating a business in New Zealand and therefore New Zealand law applies. In relation to this particular transaction, the relevant law is both the law of contract and consumer protection legislation such as the Consumer Guarantees Act 1993 (CGA) or the Fair Trading Act 1986 (FTA). Contract [12] The respondent has not specifically claimed it is not liable under its contract to refund the purchase price, but I note...

6. Tucker & Ors as Trustees of the Ngahere Trust v Tucker [pdf, 256 KB]

   CLAIM NO: 00540 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER OF an adjudication BETWEEN GRAEME TUCKER and GLENYS TUCKER and STEPHEN SUDBURY as trustees of the Ngahere Trust Claimants AND ALLAN TUCKER First respondent (Intituling continued next page) Hearing: 13, 14 & 15 December 2004 Appearances: John Ross, counsel for the Claimants David Grindle, counsel for the First Respondent Roger Bowden, counsel for th

7. Morgan v The Real Estate Agents Authority (CAC 20003) NZREADT 82 [pdf, 331 KB]

   ...to sign the agreement. [50] Further Mr Clancy observes, the purchaser’s agency agreement presented to Mr Denize for signature did not comply with certain requirements under the Act and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009. It was not signed by Mr Morgan, did not give a dollar amount estimate of the commission to be paid by Mr Denize (as purchaser) to Mr Morgan, nor did it advise that further information on agency agreements and contractual docum...

8. ENVC Hearing 6Oct14 s274 evidence chief Janet Moore Appendix 3 Makgill [pdf, 303 KB]

   ...belong to anybody else, and that no one is naturally the master of another.22 Property was tied to the notion of humans being the masters of themselves. It involved the maintenance of personal integrity in both a physical and non-physical sense. It protected a negative liberty insofar as it protected the security and autonomy of the individual against interference by others. It was an absolute conception of property that advanced a case for the supremacy of individual interests by definin...

9. Sisley & Anor v CAC 301 & Anor [2014] NZREADT 89 [pdf, 65 KB]

   ...has been proven.” The Committee’s Penalty Decision [7] Subsequent to its 13 May 2014 decision finding unsatisfactory conduct as covered above, in the usual way the Committee dealt with penalty by a separate decision on 15 August 2014. Having carefully covered appropriate facts and principles, the Committee fined each licensee $1,000 and ordered they each be censured. The Committee also noted they had each offered to provide a written apology to the complainant and requested that...

10. [2015] NZEmpC 59 Bracewell v Richmond Services Limited [pdf, 146 KB]

    ...release this 2 Richmond Services Ltd v Bracewell [2013] NZERA Auckland 481. 3 Bracewell v Richmond Services Ltd [2014] NZCA 629. information, it would do so since it was necessary to protect Client A from further abuse of her privacy. This step would be taken pursuant to r 11(2)(h)(i) of the Health Information Privacy Code 1994. As a result, I directed the Bay of Plenty DHB to file an affidavit from a person who had kno...