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1. Vincent Carlyle Kerr - Evidence in Chief [pdf, 6.6 MB]

   ' BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANA TRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent STATEMENT OF EVIDENCE OF VINCENT CARLYLE KERR ON BEHALF OF MOTITIROHEMOANATRUST 25th October 2017 Counsel Acting RB Enright Barrister Level 1, Stanbeth House 28 Customs

2. [2007] NZEmpC WC 32A/07 Port of Napier Ltd v Maritime Union of NZ Inc [pdf, 76 KB]

   ...mediation of these issues pursuant to s188(2)(b) of the Employment Relations Act 2000. That may require the participation in mediation not only of these immediate parties but others, including the contracting stevedoring companies if a practical and enduring solution to these problems is to be reached. [65] Because it would be unrealistic to think that this judgment will necessarily be the end of the matter, I reserve leave for the plaintiff to apply further upon reasonable notice...

3. [2011] NZEmpC 21 Maddern v Worldxchange Communications Ltd [pdf, 154 KB]

   ...that I stole from WxC was displayed publicly. I see that Mr Moore apologised to our CEO, Mr Alexander, for the breach of workplace process while I myself have not heard one word of an apology from any quarter for the distress that I was made to endure. Mr Maddern concluded his email by pointing out that he had lost faith in WorldxChange‟s internal complaints resolution process and he requested “Department of Labour mediation through their Mediation Service office.” [23] T...

4. [2011] NZEmpC 103 Muldoon v Nelson Marlborough DHB [pdf, 153 KB]

   ...Mr Muldoon would have continued to work as a permanent full time psychiatric nurse for the defendant on a long-term basis. I should, however, allow for the possibility, increasing with time, that such an employment relationship would not have endured. The fairest way to do so in the absence of evidence that might have allowed a more principled and mathematical calculation of those exigencies, is to limit Mr Muldoon‟s claim to lost income to a period of 18 months after his dismis...

5. [2008] NZEmpC WC 21/08 Mitchell v Blue Star Print Group (NZ) Ltd [pdf, 68 KB]

   ...Printlink work and was doing maintenance and other work on his own home. [27] On 8 September 2003 Mr Mitchell wrote a letter of complaint to Printlink. He outlined his problems over his 7 years of employment during which he said he had endured a lot of stress. He reminded the company of his issues including the shift to Petone, the changes to manning levels, his struggle to keep up with the demands of the job, his lack of tea breaks, and having to absorb the work of the...

6. Tukapua v Taueki - Horowhenua Block 11 (2012) 278 Aotea MB 172 (278 AOT 172) [pdf, 163 KB]

   ...a trustee in place for limited tenure of four months would not assist the trust. [22] It was argued by Mr Taueki that once Mr Tukapua was appointed, Dr Proctor would then use his vote to break the five to five deadlock the trustees currently endure to pass a resolution for the issue of a new trespass notice against Mr Taueki. If that were to occur, then Mr Taueki stated he would take further steps to have any such decision set aside by way of further appeal or review. [23] Mo...

7. Kwak v Park [2015] NZWHT Auckland 3 [pdf, 208 KB]

   ...that this aspect of the consequential losses was reasonably foreseeable. [73] Mr Kwak in his brief gave evidence about the stress that he and his family had experienced as a result of their ownership and occupancy of a leaky home. They have endured financial pressure and anxiety arising from the leaky home and will experience disruption in terms of the need to relocate for 28 weeks while the house is remediated. I accept that the usual award for damages should be followed in thi...

8. [2018] NZEnvC 026 Marlborough District Council v Burkhart Industries Ltd [pdf, 5.3 MB]

   ...course, leaves the respondents in the position that, at this time, they must cease and desist from the activities described in order 2. No doubt the respondents are suffering considerable business disruption at this time, and that disruption will endure unless and until they secure appropriate RMA clearance for the resumption of their commercial fishing activities. However, insofar as it may have been perceived by some that an enforcement order could be a means of temporary or other...

9. AW v ZK LCRO 230/2012 (28 March 2014) [pdf, 259 KB]

   ...consider that there was any significant element of specialist skill, knowledge or responsibility beyond that which would normally be expected in the administration of an estate. The only unusual features were concerned with the alleged abuse of an enduring power of attorney by the beneficiary Ms AW, some difficulties in ascertaining the investment assets of the estate, and the fact that the estate property was in a run-down state and had to be sold in a relatively poor residential...

10. SK and RM v GJ LCRO 36/2015 (14 December 2016) [pdf, 252 KB]

    ...includes passing examinations and satisfying certain character requirements. The result is a Diploma qualification. [102] Registered legal executives and Fellows of the Institute are able to carry out limited formal duties, such as witnessing enduring powers of attorney or taking statutory declarations. [103] It is not unreasonable for practitioners to repose considerable confidence and trust in their legal executive. An experienced legal executive often carries out significant...