Search Results

1. [2017] NZEnvC 096 Findlay v Waipa District Council [pdf, 507 KB]

   ...Settlement Conference procedures having succeeded in resolving most of the issues in the appeal, two matters remained that were not strictly within its jurisdiction, but which the original parties were keen to include in overall resolution. [5] In August 2016, the Respondent filed a Memorandum seeking directions under s 293 of the RMA in relation to those matters, being the Transfer Rule and the Intersection Rule. [6] Subsequently, and pursuant to directions from the Court, the Re...

2. LCRO 40/2023 DG v [Area] Standards Committee [X] (13 March 2024) [pdf, 497 KB]

   ...trustees of Trust A. The applicant drafted the trust deed. [4] The complainant was in a domestic relationship with Ms PW (the Partner). The Partner settled her own trust in March 2014 (Trust B). The two trustees were the Partner and her father. [5] Later in 2014, the trustees of Trust A and the trustees of Trust B bought a property together (the Property). They also entered into a Property Sharing Agreement (the PSA) setting out the terms on which they agreed to own the Property...

3. LCRO 51/2021 KS and BG v WJ (30 September 2024) [pdf, 410 KB]

   ...General Terms of Engagement. [61] There was no document by that name. The reference was intended to be to Appendix C, the Standard Terms of Engagement. [62] Appendix B (Information for Clients) had two references to fees. The first was in clause 1 which stated: The basis on which fees will be charged is set out in the letter of engagement. When payment of fees is to be made is set out in our Standard Terms of Engagement. … 15 [63] Of indirect relevance, clause 5 of th...

4. [2015] NZEmpC 206 Fox v Hereworth School Trust Board [pdf, 620 KB]

   ...requirements in relation to those as directed by the headmaster and the Board. Mrs Fox was obliged to observe all regulations and policies of the school and was prohibited from engaging in conduct which might harm the good name of the school. [23] Clause 7 (“Termination”) allowed for Mrs Fox’s “instant dismissal” for serious misconduct where that was justifiable. [24] Clause 12 required that any communication by Mrs Fox with the Board would be through the headmaster unle...

5. [2007] NZEmpC CC 21/07 Gorrie Fuel (SI) Ltd v Gittoes [pdf, 108 KB]

   ...the reduction in Mr Gittoes’ wages did not constitute a breach of duty by the plaintiff. This submission was based on a particular construction of the employment agreement which Mr Gorrie urged on me. He submitted that the “Hours of Work” clause in the schedule to the employment agreement, which requires the plaintiff to pay Mr Gittoes for hours worked “as and when requested by the employer”, should be construed to mean that Mr Gittoes was only entitled to be paid for th...

6. 2020-AKL-084 Fonterra Limited v Waikato Regional Council [pdf, 382 KB]

   ...Counsel instructed: B J Matheson Richmond Chambers 33 Shortland Street PO Box 1008 Auckland 1140 Solicitors acting: D J Minhinnick | P G Senior P +64 9 367 8000 F +64 9 367 8163 PO Box 8 DX CX10085 Auckland 4125453 BEFORE THE ENVIRONMENT COURT ENV – 2020 – AKL - AUCKLAND I MUA I TE KOOTI TAIAO O AOTEAROA I TE TĀMAKI MAKAURAU ROHE UNDER the Resource Management Act 1991 IN THE MATTER of an appeal under c

7. Regulatory Impact Statement Judicature Modernisation Bill Review of the Judicature Act 1908 Second Paper [pdf, 166 KB]

   ...as an originating application.  4. We have not been  able  to model  the operational  impacts of  the proposals  in  this paper.   However, the majority of these are expected to have limited operational impact.    5. None of the policy options discussed are  likely to  impose additional costs on businesses or  impair  private  property  rights,  market  competition,  or  the  incentives  on  businesses  to  innovate and invest. ...

8. [2015] NZEmpC 185 Lewis v JP Morgan Chase Bank N.A. [pdf, 130 KB]

   ...the representations that the Bank made to the RBNZ. He said that should be about the role which, he said, the Bank subsequently attempted to counteract during a consultation process. Further, Mr Lewis “require[d]” that the confidentiality clause of the settlement agreement be set aside by the Authority. He said that this was necessary because of the damage that had been done to his reputation and credibility by the defendant’s refusal to confirm his role as CEO, which would...

9. [2015] NZEmpC 170 Mahamai v Belley (Labour Inspector) [pdf, 171 KB]

   ...Ms Belley then sought such an order, and a penalty. [34] It is plain that there has been non-compliance with the improvement notice. I am also satisfied that the monies referred to in the improvement notice are due and owing. [35] Clause 14 of the sch 3 of the MWA provides the power to award interest at the rate prescribed under s 87(3) of the Judicature Act 1908. The relevant instrument is the Judicature (Prescribed Rate of Interest) Order 2011, which fixes the relevant...

10. Recording Industry Association of New Zealand v Telecom NZ 3663 [2013] NZCOP 7 [pdf, 59 KB]

    ...establish a “special regime for taking enforcement action against people who infringe copyright through file sharing” (s 122B(1)). The applicant seeks an award against the respondent (referred to in these reasons as the account holder) of $1,519.55. The Tribunal makes an order for payment by the account holder of $276.78. Its reasons follow. [2] The papers received by the Tribunal in the context of this application include: a detection notice, relating to an alleged infringement on...