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1. [2016] NZEmpC 70 S v I Ltd Interlocutory No three [pdf, 99 KB]

   ...arrangements with the defendant to do so, and appears to have no intention of doing so. [4] The defendant, which I will describe as I Ltd (following the acquisition of L Ltd by I Ltd in mid-2014), has expended significant sums in legal and associated fees already in defence of S’s claims. The defendant says that interlocutory claims against it have escalated in recent months around both intensive and extensive document disclosure issues in which S appears to seek more and more i...

2. Close v Hitex Plastering Ltd [pdf, 40 KB]

   CLAIM FILE NO: 00082 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN RICHARD CLOSE and SANDRA CLOSE Claimants AND HITEX PLASTERING LIMITED First Respondent AND COPELAND DEVELOPMENTS LIMITED Second Respondent AND No Third Respondent, Alistair R Watt trading as A R W Architectural having been struck out DETERMINATION OF ADJUDICATOR (Dated 23rd June 2004) 1. BACKGROUND 1.1 The...

3. [2019] NZEnvC 009 Double R Developments Ltd v Western Bay of Plenty District Council [pdf, 3.3 MB]

   ...substantially longer than the most direct route, but where the direct route would have greater adverse effects on the environment. The appellant did not comply with that condition, the respondent issued an abatement notice and the appeal was then filed. As set out in the substantive decision, the Court held that the condition was valid and that its merits were not a matter that could be challenged in an appeal against an abatement notice. [3] The respondent seeks costs against the a...

4. [2019] NZEnvC 063 Ohau Protection Society Incorporated v Waitaki District Council [pdf, 3.1 MB]

   ...Environment Court orders that the Ohau Protection Society Incorporated is to pay $40,510.00 to Stephen and Linda Simmons. B: Under s286 of the Resource Management Act 1991, this court names the District Court at Timaru as the court this order may be filed in for enforcement purposes (if necessary) . REASONS Introduction [1] This proceeding concerns an appeal by the Ohau Protection Society Incorporated Ohau Protection Society Inc v Waitaki DC - Costs Decision 2 against a...

5. Te Manutukutuku Issue 19 [pdf, 858 KB]

   ...National Archives is beginning shortly to place the papers of completed claims on microfiche - the microfiche will be available to the Tribunal and to the public for purchase from Victoria University, Welling­ ton, next year. The hard copy will be filed with National Archives. The project will make research material more readily available as well as creating more space in the Tribunal's storage area. Public relations and information service The need for information on the Tribuna...

6. National Standards Committee v Shand [2019] NZLCDT 10 [pdf, 306 KB]

   ...should order the Committee to meet the Tribunal’s costs. [15] Mr Hodge resisted Mr Napier’s submissions. He submitted that the Tribunal has made findings on a number of issues which will be of assistance to the wider profession: (a) the filing of a statement of claim for high end litigation will amount to “significant work” for the purpose of r 3.5 such that written client information must be provided beforehand; (b) at the commencement of the lawyer-client relationship...

7. [2019] NZEnvC 035 Taylor v Small [pdf, 269 KB]

   ...Advice from Mr Brabant about lodgment of High Court proceedings. The parties were directed to file a joint memorandum by 25 May 2018 outlining whether a hearing would be required and when. In addition to the application for enforcement orders filed in this Court, the applicants also filed an application for declarations in the High Court. The declaration proceeding concerned the interpretation of restrictive covenants. The declarations sought were that (summarised):1 (a) Only...

8. [2016] NZEmpC 19 O'Shea (Labour Inspector) v Pekanga O Te Awa Farms Ltd [pdf, 247 KB]

   ...Authority), wherein Pekanga O Te Awa Farms Limited (Pekanga) was ordered to pay a penalty of $500 for multiple breaches of the Minimum Wage Act 1983 (MWA) and the Holidays Act 2003 (HA). 1 Pekanga was also ordered to pay $71.56 as reimbursement of a filing fee. [2] The focus of the challenge as to penalty is on quantum. It is submitted by counsel for the Labour Inspector, Ms Milnes, that having regard to eight alleged breaches, a more significant penalty should have been imposed...

9. Munro-Anderson & Ors as Trustees of the Munro-Anderson Trust v Reed [pdf, 62 KB]

   ...CCC”). 8.2 The Building Consent for this building work was issued on 25 September 2002 by the Waimakariri District Council, based on an application made by Direct Building Certifiers Ltd on behalf of Ms Munro-Anderson. She paid all the consent fees to a company called Nationwide Building Certifiers Ltd (incorporating Direct Building Certifiers). Mr Schumacher told me that he had set up the company of Direct Building Certifiers Ltd in 1998 so that he could carry out building...

10. EMPC Practical guide to litigating in the Employment Court [pdf, 286 KB]

    ...also contains other useful information about the processes of the Court, judgments of the Court, and guidelines for appearances before the Court. Make sure that your pleadings comply with the relevant requirements. Check the timeframes for filing and comply with them. For example, a challenge must be filed within 28 days of the date of the Authority’s determination: s 179(2). You will need to apply for leave beyond this timeframe. 11 Any such application will need to be ade...