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1. GL Ltd v MD [2020] NZDT 1369 (14 October 2020) [pdf, 208 KB]

   ...engagement detail circumstances in which GL Ltd will consider their client to have terminated the contract, which gives rise to termination fees being charged. 14. GL Ltd contends that MD terminated her contract as per those circumstances under clause 11 of the terms of engagement as follows: • by her conduct in expressly terminating the contract; and • over 21 days having passed and her not having reasonably communicated with the applicant; and • informing the applicant th...

2. EU & Ors v I Ltd [2024] NZDT 594 (19 July 2024) [pdf, 184 KB]

   ...directly to F Ltd and SC Ltd. 12. I note that the same outcome would have been arrived at if separate claims by F Ltd and SC Ltd had been considered in negligence against I Ltd directly. While I Ltd’s terms and conditions include an indemnification clause, whereby EU agrees to indemnify I Ltd against third party claims, this clause does not apply where I Ltd has negligently or recklessly supplied defective equipment to the hirer. For reasons already outlined, I consider I Ltd to hav...

3. [2023] NZEmpC 99 Speed v Board of Trustees of Wellington Girls College [pdf, 254 KB]

   ...Council. Non-publication [12] Despite the wording of the applications, it was common ground that what was being sought were orders for non-publication pursuant to cl 12 of sch 3 to the Employment Relations Act 2000 (the Act). [13] Clause 12(1) of sch 3 to the Act reads:7 In any proceedings the court may order that all or any part of any evidence given or pleadings filed or the name of any party or witness or other person not be published, and any such order may be subj...

4. Trustpower - Supplementary - S Styles - Planning (23 March 2021) [pdf, 1.2 MB]

   ...water hydrology. Water permits have been granted through the provisions of the MEP and through previous planning documents, with reliabilities based on historical surface water hydrology. If water yield is reduced by afforestation Comment [ 119]: Clause 16 Comment [ 120]: Clause 16 Comment [ 121]: Clause 16 Comment [ 122]: Trustpower Limited ENV-2020-CHC-50 Comment [ 123]: Federated Farmers of New Zealand ENV-2020-CHC-58 Comment [ 124]: Te Rūnanga o Kaikōura and Te Rūn...

5. Mercury NZ Limited 99.pdf [pdf, 162 KB]

   ...wish to be party to proceeding Dated: 28 September 2020 REFERENCE: Catherine Somerville-Frost (catherine.somerville-frost@chapmantripp.com) Alana Lampitt (alana.lampitt@chapmantripp.com) chapmantripp.com T +64 9 357 9000 F +64 9 357 9099 PO Box 2206 Auckland 1140 New Zealand Auckland Wellington Christchurch In the Environment Court of New Zealand at Auckland I mua i te Kōti Taiao o Aotearoa I te rohe o Tāmaki Makaurau ENV-...

6. Larsen - Estate of Tanumi Reti (2014) 88 Taitokerau MB 273 (88 TTK 273) [pdf, 114 KB]

   ...Taitokerau MB 273 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20140004269 UNDER Section 43, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Tanumi Reti BETWEEN KRYSTINE LARSEN Applicant A20090008524 UNDER Sections 133 and 239, Te Ture Whenua Māori Act 1993 IN THE MATTER OF CFR NA 705/227 and CFR NA 705/229 BETWEEN CHRISTOPHER RETI Applicant Hearing: 27 June 2014 7 October 2014 (He...

7. [2014] NZEmpC 16 Gapuzan v Pratt Whitney Air New Zealand Services second interlocutory [pdf, 49 KB]

   ...second amended statement of claim but refused an application for security for costs. I also gave the plaintiff an opportunity to file and serve a final amended statement of claim. 1 [2013] NZEmpC 158 Background [3] In order to understand the issues underlying this application, it is necessary to reiterate what appears to be the background to the plaintiff’s claims. I set this out in my earlier decision as follows: [3...

8. 2021-11-05 ORC - MOC - re chapter 6 [pdf, 3.4 MB]

   ...referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA OTAGO REGIONAL COUNCIL Applicant JOINT MEMORANDUM PC1 - CHAPTER 6 - DUST SUPPRESSANTS 5 November 2021 Applicant's Solicitor PO Box 4341 CHRISTCHURCH 8140 DX WX11179 Tel +64 3 379 7622 Fax +64 379 2467 Solicitor: L F de Latour / M A Mehlhopt (lucy.delatour@wynnwilliams.co.nz / michelle.mehlho...

9. Rahim v The Real Estate Agents Authority (CAC 416) and Dowdle, Stempa and Eves [2018] NZREADT 65 [pdf, 270 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2018] NZREADT 65 READT 023/18 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN JENNA RAHIM Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 416) First Respondent AND KEITH DOWDLE, JOHN STEMPA, and MAXTON EVES Second Respondents Hearing: 3 October 2018, at Auckland Tribunal: Hon P J Andrews, Chairperson Ms C San

10. [2008] NZEmpC WC 11/08 McCain Foods (NZ) Ltd v Service and Food Workers Union [pdf, 86 KB]

    ...have regard to the exigencies of drafting and give the particular provision under consideration its ordinary and natural meaning having regard to the context in which it appears and so to its function in the Rule and also to recognise that membership clauses like objects clauses are ordinarily intended to be facilitative, not restrictive. [40] This was followed by the judgment of the Labour Court in New Zealand in NZ Air Line Pilots Assn IUOW v The Registrar of Unions [1989] 2 NZILR 19...