Search Results

1. [2007] NZEmpC WC 22/07 Tawhiwhirangi v CE of the Department of Corrections [pdf, 97 KB]

   ...strongly suspect was committed. Nor is an acquittal by a court, even if a prosecution is brought, a determinative test for employment law purposes. So, too, with a decision not to prosecute. [53] Both employers and employees need to consider very carefully the strategic and legal grounds for a complaint of criminal offending or, even in the case of an employee, an insistence upon the employer making such a complaint. Many employers and employees have a misapprehension of the si...

2. Henton v CAC 20003 & Ors [2014] NZREADT 2 [pdf, 159 KB]

   ...the appellant, of a property at 5B Ranier Street, Ellerslie, engaged the services of Barfoot’s to sell the property and the licensee was the listing salesperson. [4] The agency agreement included the notation “clients objecting to possible day care in local area”. [5] On 9 December 2011, the vendors entered into an agreement for sale and purchase for the property with Robin Hulford and/or nominee. That agreement became unconditional on 16 December 2011. [6] On 19 December 201...

3. [2019] NZEnvC 056 Mackenzie District Council [pdf, 7.3 MB]

   ...Act.'9 Indeed, under this construction, Simons Pass would be permitted to change the natural environment while the Regional Council's decision to grant the water permit was still under appeal. 20 Pending the determination of the appeals, the protection afforded the ONL, and more generally the natural '4 That is, the water permit had not lapsed. '5 Decision A118/2006, Auckland , 28 August 2006 at [7]. '6 Decision C208/2001, Christchurch, 21 November 2001 at [...

4. ENVC Hearing 6Oct14 DM expert David Serjeant [pdf, 307 KB]

   ...between the urban sphere of influence and the coastal/natural sphere of influence, which means that resource management decisions here have a gulf-wide significance. I consider that the following provisions in section 8 are relevant. “(b) the protection and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments: (e) the maintenance and, where appropriate, the enhancement of the contribution of the nat...

5. Cutforth v Witana - Kohewhata 27C2A (2023) 259 Taitokerau MB 111 (259 TTK 111) [pdf, 364 KB]

   ...update on whether Ms Witana has provided the information required to renew the Trustee liability insurance. If she hasn’t, I put Ms Witana on notice that at the hearing I will consider whether I should remove Ms Witana as a trustee in order to protect the position of the trust and the other trustees. [59] Mr Burley confirmed that he could attend. Mr Hovell emailed the Registrar stating: (a) Ms Witana was unwell and could not attend; (b) It appeared I had not considered Mr Hovell...

6. [2022] NZEmpC 77 Courage v Attorney-General [pdf, 422 KB]

   ...dangerous and yeah it needs – I think the big point around this is that there – with this environment these people have got rights and they need protecting and that’s what hasn’t happened and that’s what this is all about. It’s providing the protection to the individuals that they need because if every employer was good, if every employment situation was good, you wouldn’t need employment laws to protect employees and that’s why we’re here today. [69] As Peter Righteo...

7. [2023] NZEnvC 190 Donaldson v Queenstown Lakes District Council [pdf, 913 KB]

   ...Shepherd EIC, at [2]. 36 Edwards EIC, at [2]. 28 was not made aware, when they purchased some six years ago, that there was any likelihood the Site would be developed there. Indeed, they purchased for the “high level of amenity value and the protection and security afforded by living within the Millbrook precinct”. He has similar concerns about Ishii Lane becoming a through lane taking significant extra traffic.37 [81] On behalf of the Millbrook Residents Group, concern...

8. [2021] NZEnvC 189 Bridesdale Farm Developments Ltd v Queenstown Lakes District Council [pdf, 3.6 MB]

   ...QLDC's planning witness, Mr Langman. However, counsel's closing submissions sought further changes to this modified relief. [19] One set of changes was proposed in response to concerns raised by Mr Langman that the LDSR zone is not designed to protect ONF /L landscape values (by contrast to the Rural zone). On that matter, BFDL's planning witness, Mr Jeffrey Brown, responded by proposing: 12 II 12 (a) a new Pol 7.2.1.7 as follows: Ensure that development and associated...

9. Otago Standards Committee v Saunderson-Warner [2013] NZLCDT 15 [pdf, 231 KB]

   ...from the said Mr S were certain to generate more significant work and fees than any remaining work for Dr and Mrs H; 3 (e) The conduct set out in the preceding paragraphs was contrary to rule 4.2 of the Lawyers: Rules of Conduct and Client Care Rules. Charge 2 In the alternative to Charge 1, the Otago Lawyers Standards Committee charges Sarah Astrid Saunderson-Warner of Dunedin, Lawyer with misconduct under s.7(1)(a)(i) of the Lawyers and Conveyancers Act 2006 (“the Act”...

10. Waikato Bay of Plenty Standards Committee 1 v Campion [2019] NZLCDT 20 [pdf, 582 KB]

    ...the solicitor of the estate is properly regarded as “work that is incidental” to the other established classes of legal work set out in s 6 of the Act.” [74] The LCRO noted (paragraph [29]) that one of the central purposes of the Act was to protect consumers of legal services and conveyancing services. As a result the LCRO considered that it was appropriate to interpret the Act in a way which was consistent with the protection of consumers of legal services. [75] The LCRO co...