Search Results

1. [2020] NZEnvC 174 Hamilton City Council v Global Metal Solutions Limited.pdf [pdf, 3.7 MB]

   ...an expert acoustic consultant, Mr Jon Styles, 7 and four affidavits were filed by residents from three Rimmington Drive addresses. 8 Following the first part of the hearing, further affidavit evidence was filed by Mr Eric Hopkins9 (the CEO of ProForm Limited) in relation to the existing use argument and by Mr Theodore de Leeuw (a real estate agent) in relation to available alternative sites to which GMS could locate. [5] The grounds for the application were set out for the Council i...

2. [2022] NZEmpC 234 A Labour Inspector of the Ministry of Business, Innovation and Employment v Samra Holdings Ltd T/A Te Puna Liquor Centre [pdf, 685 KB]

   ...for the five above-named employees’ employment. This included directing the employees as to where and when they were to work, responsibility for the payment of the employees’ wages, physical control over wage, time and holiday records, and requesting premiums for employment from the employees. [104] It is not disputed that the amounts referred to as premiums were sought and received by Sukhdev Singh personally. 37 Labour Inspector v Samra Holdings Ltd t/a Te Puna Liquor C...

3. Addressing-Stalking-in-NZ_Final-pack.pdf [pdf, 1.7 MB]

   ...Addressing stalking in New Zealand Date of issue: 31 January 2025 The following documents have been proactively released in accordance with Cabinet Office Circular CO (23) 04. Some information has been withheld on the basis that it would not, if requested under the Official Information Act 1982 (OIA), be released. Where that is the case, the relevant section of the OIA has been noted and no public interest has been identified that would outweigh the reasons for withholding it. N...

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

   ...Judicature Act 1908 – Second Paper  Agency Disclosure Statement  1. This  Regulatory  Impact  Statement  (RIS)  has  been  prepared  by  the Ministry  of  Justice.    It  provides an analysis of the second package of work forming the government response to the  Law Commission  report Review of  the  Judicature Act 1908: Towards a consolidated Courts  Act and other associated matters.  2. We  are  time  constrained  due  to  the...

5. [2007] NZEmpC AC 28/07 Wilson v CE of Ministry of Social Development [pdf, 65 KB]

   ...secure care and the police notified. The evidence of Ms Simpson and Ms Bartlett satisfies me that the treatment of the two youths involved complied with the established policies and also the law. [40] The allegation that Ms Wilson was requested to return to work while on stress leave does concern me. Ms Tuigamala did ask Ms Wilson to return to work. However, the circumstances surrounding that from Ms Tuigamala’s point of view are not before me. As I have indicated it...

6. [2012] NZEmpC 120 McLeod v National Hearing Care (NZ) Ltd [pdf, 110 KB]

   ...filing of submissions. It was agreed that Mr Harrison would present his written submissions first and he was ordered to do so by 7 May 2012. Unfortunately, through an oversight, Mr Harrison failed to file his submissions on time and at his request the Court subsequently had to issue a further minute containing a revised timetabling order for the filing of submissions. The background [3] In brief, the events leading up to this litigation can be summarised reasonably neutrally...

7. [2012] NZEmpC 102 Tinkler v Fugro PMS Pty Ltd & Pavement Management Service [pdf, 100 KB]

   ...under duress. Legal framework [19] Settlements are not uncommon in the context of employment relationships. The Act sets out a number of provisions relating to them. Section 149 provides that where a problem is resolved, a mediator may (at the request of the parties) sign the agreed terms of settlement. Prior to signing the agreement, the mediator is required to explain the effect of s 149(3) to the parties and must be satisfied that, knowing the effects of that provision, the...

8. CAC 10012 v Khan [2011] NZREADT 11 [pdf, 145 KB]

   ...Aoese) and some other information about the property. The broker for the finance was Oriental Mortgage Insurance Limited. He said he had no difficulty with the valuation at this figure as it was a rising market and he felt comfortable with that request for this particular property. However he later (in 2008 or 2009) became concerned about Ms Khan over requests that she was making for valuations for properties which he felt were not appropriate. He then declined to prepare the valu...

9. Henry v Wood - Part Whakanekeneke 1B (2014) 85 Taitokerau MB 175 (85 TTK 175) [pdf, 150 KB]

   ...will was executed on 24 July 1990, when she was aged 91. She left her entire estate to Pip. Her only Māori land interests were the land we are concerned with, which she had received from her second husband, Eru Nehua Bryers. According to the information provided to the Court in 1994 in the context of the 1 4 Auckland Succession MB 136 (4 AT(s) 136). 85 Taitokerau MB 177 succession application, Ani had 14 children. Howev...

10. Graham - Waihou-Hutoia X Māori Reservation (Piki Te Aroha Marae) (2014) 88 Taitokerau MB 258 (88 TTK 258) [pdf, 175 KB]

    ...provisions of the Charter. 7 Dovey Property Holdings Limited – Orokawa 3B Part Lot 8 DP41892 (2013) 57 Taitokerau MB 75 (57 TTK 75). 8 Ibid at [16]. 88 Taitokerau MB 264 [20] The request by the applicant to withdraw the application is declined. Was the election of trustees at the AGM in breach of the Charter? [21] Clause 2.2.2 of the Charter provides that the trustees hold office for a term of three years, unles...