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1. [2019] NZEnvC 074 Hanoi Vietnam Cafe v City Rail Link Limited [pdf, 6.5 MB]

   ...expert evidence on historic heritage effects. In fact, it called no expert evidence at al1. 7 7 Ms Tran recorded in her evidence in chief that she holds a Bachelor of Arts, Bachelor of Journalism and a Postgraduate Certificate in Environmental Protection and Sustainable Development with Hanoi National University; that she holds a Master of Philosophy in Education on Natural Resource Management and Environment Protection from the University ofWaikato; and a Diploma in Real Estate from...

2. [2025] NZIACDT 08 – JY v Wen (7 February 2025) [pdf, 175 KB]

   ...sent to the complainant because it related to the employer and did not require information from him. 8. The complainant asked her to deal with all these matters because he does not know English. 9. She was shocked by the complaint and always cared for the complainant. 10. She hoped the Authority would regard her work as minor negligence. Complaint referred to Tribunal [25] On 14 May 2024, the Registrar referred the complaint against Ms Wen to the Tribunal alleging negligence...

3. [2024] NZIACDT 23 - FM v Yang (03 September 2024) [pdf, 263 KB]

   ...has filed a statement of reply (19 March 2024). ASSESSMENT [37] The following provisions of the Code are relevant: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Client Care 2. A licensed immigration adviser must: … e. obtain and carry out the informed lawful instructions of the client, and ... Legislative requirements 3. A licensed immigration adviser must:...

4. Watson v Capital and Coast District Health Board [2015] NZHRRT 27 [pdf, 199 KB]

   ...that request or failed to respond to the request within the time fixed by s 40(1) of the Act. [79] The Privacy Act creates a strong right to access personal information. The Long Title provides that the legislation is intended to “promote and protect” individual privacy in general accordance with the OECD Guidelines Concerning the Protection of Privacy and Transborder Flows of Personal Data. The Explanatory Memorandum appended to those Guidelines notes that: The right of individu...

5. DML v Montgomery and MT Enterprises Ltd [2014] NZHRRT 6 [pdf, 182 KB]

   ...seen not as admissibility objections per se, but as cautions going to the weight to be given to certain aspects of the intended evidence. In this regard it will be seen that after seeing and hearing Ms Healy give evidence we accept that she is a careful, credible witness and we accept her evidence in its entirety. While we have relied on that evidence to establish what the plaintiff said to her about Mr Montgomery’s actions and as to Ms Healy’s direct observations of the effect of t...

6. Umuhuri Matahaere - Evidence in Chief [pdf, 7.6 MB]

   ...rangatiratanga/self-determination in address the issues related to Motiti rohe/Area of interest. 36. The vision for the Trust traces back to the late Johnny Nuku, who united much of the community around the need to exercise kaitiakitanga and protect the island's marine environment and kaimoana. One of the fundamental objectives of the Trust is to protect and preserve the marine biodiversity, ecological integrity and cultural legacy of the Motiti Rohe Moana, whi)e facilitating...

7. [2023] NZEnvC 270 Port of Tauranga Limited [pdf, 3.3 MB]

   ...consequence, the Court’s discretion whether or not to grant consent to those parts of the application which are to be considered as RDAs under ss 104 and 104C of the RMA, which is to be exercised subject to the requirements of ss 6(e) and 7(a), requires careful consideration of the evidence relating to those requirements. [7] The applications by POTL are opposed by a number of entities representing tangata whenua on grounds which include effects on a number of cultural values and a...

8. [2011] NZEmpC 129 Patel v Pegasus Stations Ltd [pdf, 95 KB]

   ...as raised by the Plaintiff with the Defendant in the above correspondence is not couched as a personal grievance, but even if it were (denied) it is not raised in conformity with s114. It is phrased in the nature of a tort (breach of a duty of care) rather than a disadvantage personal grievance. 17. The Authority had no jurisdiction in tort. The Court’s jurisdiction in tort is limited to industrial action. 18. The forged signature issue as raised by the Plaintiff with the D...

9. Orsborn v CAC 20006 & Warwick Collier & JVL Prestige Realty Ltd [2012] NZREADT 73 [pdf, 51 KB]

   ...Rather, the appellants’ claim for compensation is seemingly based on the licensee’s and the agency’s unsatisfactory conduct in misrepresenting the features of the property in their advertising. [39] The Act was introduced specifically to better protect the interests of consumers in respect of real estate transactions. A key means of achieving that purpose was the creation of a wide range of discretionary orders available on findings of unsatisfactory conduct or misconduct, inclu...

10. GUY Scott Grahame (CSU 2010 PNO 261) [pdf, 409 KB]

    ...in whose care they were at the time they sustained fatal injuries. 46. With respect to the present case I am satisfied on the basis of the evidence and information available to me that there are no known suspects whose reputations need to be protected by a finding of fact as to the identity of the killer. Ruling 47. I am satisfied having regard to the purposes of a coroner’s inquiry that the circumstances of Mr Guy’s death have been adequately established in the course of...