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1. SC v N Ltd [2023] NZDT 467 (23 August 2023) [pdf, 121 KB]

   ...otherwise) during the sole agency irrespective of when that purchaser entered into a binding contract 21. SC’s contract with N Ltd states that he is entitled to commission per the “commission schedule”. The schedule does not contain any operative clauses. It gives percentage commission rates according to the type of listing (general, sole, and auction). It states: CI0301_CIV_DCDT_Order Page 3 of 6 In all cases what is fair and reasonable will prevail and in the even...

2. [2022] NZEnvC 035 Mangawhai Matters Incorporated v Kaipara District Council [pdf, 1.7 MB]

   Mangawhai Matters Incorporated & Others v Kaipara District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 035 IN THE MATTER OF an appeal under clause 14 of Schedule 1 of the Resource Management Act 1991 BETWEEN MANGAWHAI MATTERS INCORPORATED (ENV-2021-AKL-062) CLIVE RICHARD GERALD BOONHAM (ENV-2021-AKL-061) Appellant AND KAIPARA DISTRICT COUNCIL Respondent AND MANGAWHAI CENTRAL LIMITED

3. [2014] NZEmpC 202 Hutchison v Nelson City Council costs [pdf, 112 KB]

   ...CRC 9/13 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN ROBYN ANN HUTCHISON Plaintiff AND NELSON CITY COUNCIL Defendant Hearing: (on documents dated 28 July, 25 August, 21 and 24 October 2014) Appearances: H Flower, agent for the plaintiff M E Kirk, counsel for the defendant Judgment: 12 November 2014 COSTS JUDGMENT OF JUDGE B A CORKILL Introduction [1] In...

4. LCRO 169/2017 NR v WP (30 October 2018) [pdf, 111 KB]

   ...caused to Mr NR and his interests. [3] Mr WP acted for [Company A]. [4] Mr NR is connected with [Company B]. [Company B] became [Company A]’s nominee under the agreement pursuant to a Deed of Nomination signed 1 August 2016 (the Deed). 2 [5] [Company A] and [Company B] lodged caveats against the title to the land, and each applied to the High Court to preserve its caveat.1 The High Court allowed [Company A]’s caveat to lapse, but sustained [Company B]’s. Mr NR relies...

5. [2024] NZEnvC 066 Federated Farmers of New Zealand v Waikato District Council [pdf, 362 KB]

   Federated Farmers of NZ v Waikato District Council - Topic 20: Miscellaneous IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 066 IN THE MATTER OF an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN FEDERATED FARMERS OF NEW ZEALAND (ENV-2022-AKL-000051) Appellant AND WAIKATO DISTRICT COUNCIL Respondent Court: Alternate Environment Judge L J Newhook sitting...

6. [2011] NZEmpC 44 Matsuoka v LSG Sky Chefs NZ Ltd & SFWU [pdf, 245 KB]

   ...actions of LSG and seeks a declaration, compliance orders, compensation in relation to his alleged personal grievance, damages, penalties for LSG‟s alleged breaches of contract and an order that LSG pays arrears of wages, interest and costs. [5] LSG‟s reply alleges: the plaintiff has an entirely different type of employment agreement to those employees who have transferred to LSG; the plaintiff‟s employer was not the contracting party that lost the SQ contract; the plaintiff...

7. LCRO 132/2016 FA v GD (20 December 2018) [pdf, 178 KB]

   ...consideration would have been to take no further action on that issue. [44] To the extent that it is necessary to do so, pursuant to s 211(1)(a) of the Act, the determination of the Committee is modified accordingly. Deposit held as stakeholder [45] Clause 2.4 of the Agreement for Sale and Purchase provided: The person to whom the deposit is paid shall hold it as a stakeholder until: (1) the requisition procedure under clause 5.0 is completed without either party cancelling this...

8. 2021-11-17 ORC - Closing Legal Submissions - PC8 - primary sector hearing [pdf, 153 KB]

   ...animal effluent are to be granted for a maximum duration of up to 10 years in order to facilitate an efficient and effective transition from the operative freshwater planning framework towards a new integrated regional planning framework. 5 Given the need to consult with the parties regarding the amendments, the Council elected to have Ms Boyd prepare further evidence, which was circulated in draft to the parties, to explain the rationale for the changes made to Policy 7.D.7 (a...

9. Review of legislation including reference to the principles of the Treaty of Waitangi

   ...Legislation in scope The review focuses on provisions in 23 laws, administered by 13 government agencies. They are:   Act Agency 1 Land Transport Management Act 2003 s 4 Ministry of Transport 2 Pae Ora (Healthy Futures) Act 2022 ss 5 and 6 Smokefree Environments and Regulated Products Act 1990 s 3AB Mental Health and Wellbeing Commission Act 2020 ss 3 and 9(1) Ministry of Health 3 Criminal Cases Review Commission Act 2019 s 15(3) Ministry of Justice 4...

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10. [2017] NZEmpC 161 Aslam v Transportation Auckland Corp Ltd [pdf, 284 KB]

    ...Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466. 3 A Ltd v H [2016] NZCA 419, [2017] 2 NZLR 295. [52] Part 47 of the collective agreement deals with disciplinary procedures and sets out timeframes and process requirements. Clause 47.2 provides that the company will usually make initial enquiries with the employee concerned to determine whether further formal action is required. There is an exception where serious misconduct is being considered but in any e...