Search Results

1. [2011] NZEmpC 76 Rush Security Services Ltd v Samoa [pdf, 132 KB]

   ...notice of termination of his employment. The Authority also awarded Mr Samoa compensation under s 123(1)(c)(i) of the Employment Relations Act 2000 (the Act) of $5,000. RSSL was also ordered to reimburse Mr Samoa the sum of $70 for the Authority filing fee but, because he represented himself in that forum, no costs were awarded. [6] The parties had a written “INDIVIDUAL EMPLOYMENT AGREEMENT CASUAL EMPLOYMENT”. Included in this short agreement were the following provisions:...

2. [2011] NZEmpC 49 Katz v Mana Coach Services Ltd [pdf, 143 KB]

   ...course of her employment. [41] Those findings of fact are sufficient to dispose of the case. The plaintiff‟s claim is dismissed and the defendant is awarded costs. If agreement cannot be reached on the issue of costs then Mr Scotland is to file and serve a memorandum within 21 days and Ms Kennedy is to have a like period in which to respond. A D Ford Judge Judgment signed at 9.30 am on 25 May 2011

3. Evans v CAC 10054 & Orr [2012] NZREADT 67 [pdf, 63 KB]

   ...known by real estate agents on Waiheke Island. [16] In the course of his evidence Mr Evans had emphasised that he asked Mr Orr on two occasions precisely where the relevant boundary ran. He said that Mr Orr responded that he would check his files and, at a later meeting at the property, gave Mr Evans a general indication of where the boundary ran but did not in any way indicate the possibility of any encroachment. [17] Mr Orr conceded that he had indicated to Mr Evans where he c...

4. Peter Thompson v Complaints Assessment Committee 413 & Ajay Rathod [2017] NZREADT 51 [pdf, 191 KB]

   ...very good friend” of Mr Thompson’s) without advising him, had not given him an opportunity to make a further offer, and had told Mr Smith that he wanted to withdraw his offer. He considered that he should be compensated for his solicitor’s fees. [12] Mr Thompson denied Mr Rathod’s complaints. He asserted that it was Mr Smith’s professional advisers who had advised him against accepting Mr Rathod’s offer. He went on to say: In every respect I was acting in a valuer/con...

5. 2021-04-12 - TAs - MOC re witness substitution + case [pdf, 550 KB]

   ...party. District Court Rules 10. Counsel considers that there are no rules of direct relevance in the District Court Rules. Rule 9.7(6) provides a process for the calling of a witness at late notice. But given that evidence has already been filed and what is proposed is a substitution of personnel to give the same evidence it does not address the specific circumstances in this instance. Conclusion 11. It is submitted that section 269 and 272 of the Resource Management Act...

6. [2020] NZEnvC 020 Whangarei District Council v Sustainable Solvents Group Limited [pdf, 730 KB]

   ...of the respondents; and ii) To clarify whether the orders sought were limited to maintaining the status quo and investigating the situation or went further in requiring immediate action to remedy the situation. [31] As a result, the Council filed an amended application in which some of the orders sought were limited to maintenance of the status quo. 1 Berhampore Residents Assn Inc v Wellington City Counc/1 (1992) 1 NZRMA 41; Gulf District Plan Assn Inc v Arraw Properties Ltd Decis...

7. [2022] NZEnvC 086 Smith & Silk v Christchurch City Council [pdf, 6 MB]

   SMITH & SILK v CCC – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 86 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s 120 of the Act BETWEEN P SMITH AND C SILK (ENV-2021-CHC-84) Appellants AND CHRISTCHURCH CITY COUNCIL Respondent Environment Judge J E Borthwick – sitting alone under s 279 of the Act In Chambers at Christchurch Date of Consent Order: 25 May 202

8. Tonks v Stone [pdf, 105 KB]

   ...exclusions to the Plasterpride quotation will most likely result in cost 14 Claim 363:Determination to the Claimant as part of the repair costs but the Claimant has not claimed for an allowance for the exclusions or for any cost of professional fees, administration and supervision. I am reluctant to allow costs of repair that have not been claimed. There will be betterment as a result of carrying out the repair work. The issue of mitigation of loss has been raised but not bet...

9. IPT Annual Report 2012 [pdf, 648 KB]

   ...Timeliness The following chart shows the average length of time it took the Tribunal to issue decisions in each jurisdiction, calculated from the date an appeal was received to the date a decision was released. Note that the figures relate to files for which decisions were released in the relevant year; they do not include the age of files for which no decisions were released that year. Jurisdiction Number of days from receipt of appeal to release of decisio...

10. IAA v Sparks [2013] NZIACDT 5 (07 February 2013) [pdf, 170 KB]

    ...Sparks’ affidavit – earlier statements [58] Mr Sparks commented on his statements made to the Authority’s investigator. [59] He said the first telephone call was on 25 January 2011, and it was unexpected. He had not had time to check his file and answered as best he could. Further, he challenges the accuracy of the record in relation to meeting Mr OBC. Mr Sparks believes he said he could have met him, and he certainly did not intend to mislead the Authority. [60] His estimate...