Search Results

1. [2012] NZEmpC 33 Cruickshank v CE of Unitec Institute of Technology [pdf, 57 KB]

   ...evidence after the case has closed and judgment has been reserved. [2] This is, as Mr Cook pointed out, the second application made by the plaintiff to introduce new evidence. The first was not opposed and has therefore been admitted in affidavit form. [3] The evidence sought to be introduced is said to be relevant to the remedy of reinstatement which Mr Cruickshank seeks and was not available at the hearing. There is no contest about that latter factor although some, at least,...

2. BORA Relationships Statutory References Bill [pdf, 65 KB]

   ...Social Development to co- ordinate a project in the near future to eliminate examples of unjustified discrimination on the grounds of age across government. I also note that there is a review of the Immigration Act currently being undertaken at the request of the Minister. As I have noted in section 7 reports before, while issues may well be under review, proposals for future reform alone do not justify the particular inconsistencies in this Act. Hon Margaret Wilson Attorney-Gene...

3. [2009] NZEmpC AC 44/09 Ecocover (NZ) Ltd & Anor v Dunn [pdf, 22 KB]

   ...that party’s entitlement to costs unless the discontinuance is expressly on such terms. There is no suggestion of that in this case. [10] Finally, Mr Dunn says that the Authority’s determination of 27 August 2009 confirms that it was not requested to determine separately costs in relation to Mr Cruickshank. Further, and in any event, Mr Dunn says that the determination of 27 August 2009 includes reference to any separate liability to Mr Cuickshank and rejects this. That is,...

4. [2006] NZEmpC WC 15A/06 OCS Ltd v Service and Food Workers Union Inc [pdf, 27 KB]

   ...seeking rulings from the Employment Relations Authority but instead moved unilaterally to implement the technology on the basis of its own interpretation. It then took potentially punitive steps against the union and its affected members in the form of an application for injunction and damages against them. In so doing, the plaintiff went beyond pursuit of an interpretation of the collective agreement and looked instead to enforce its interpretation before it had been resolved....

5. [2013] NZEmpC 51Service and Food Workers Union Nga Ringa Tota Inc v Terranova Homes and Care Ltd [pdf, 60 KB]

   ...seek to rephrase the others’ questions, I consider that the most just course at this very early stage of the proceeding is to agree to the proposed questions of both the plaintiffs on the one hand, and the defendant on the other, in their final form. Rather than attempt to identify overlap at this stage, I think it would be preferable to hear argument, and for the full Court to identify any overlap and deal with it accordingly in its judgment. [7] So, the questions for preliminar...

6. ENVC Hearing 6Oct14 AC rebuttal Sam Shumane [pdf, 80 KB]

   31555957:629148 BEFORE THE ENVIRONMENT COURT IN THE MATTER of the Resource Management Act 1991 ("Act") AND IN THE MATTER of a Notice of Motion under section 87G of the Act requesting the granting of resource consents to Waiheke Marinas Limited to establish a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf (ENV-2013-AKL-000174) REBUTTAL STATEMENT OF EVIDENCE OF WISSAM (SAM) SHUMANE (TRAFFIC) ON BEHALF OF AUCKLAND COUNC...

7. AF v Secretary for Justice 1 June 2012 NZRA 000009 [pdf, 91 KB]

   ...she did not satisfy the criteria for approval because it considered it important that an applicant should have undertaken sentencing in indictable matters and that she required more court experience in trial proceedings. c) That further trial information submitted since making her application for approval was not relevant as it did not form part of the original application. 3 d) That applications for approval made under the previous legislation were assessed against differe...

8. Taura – Ngapakihi 2D3A1A (2012) 294 Aotea MB 106 (294 AOT 106) [pdf, 201 KB]

   ...of Tahuparae - Ngapakihi 1T2 be sent to the applicant noting the requirements for a change of status application, including the requirement that notice be given to the preferred class of alienees. The applicant subsequently contacted the Court requesting that the matter be set down for hearing. It was the applicant’s preference that the matter be heard in Hamilton as they reside in Kihikihi. [6] On 14 February 2012 I adjourned the matter to the Waikato Maniapoto District for he...

9. Dewson v CAC 10050 & Winkler [2012] NZREADT 57 [pdf, 26 KB]

   ...matters, even if it was a conclusion on which minds might reasonably differ. In such circumstances it is an error for the High Court to defer to the lower Court’s assessment of the acceptability and weight to be accorded to the evidence, rather than forming its own opinion”. [8] In Kacem v Bashir [2010] NZSC 112 the Supreme Court has clarified that the principles in Austin, Nichols apply to Courts exercising jurisdiction over general appeals from lower Courts, not appeals from de...

10. [2014] NZEmpC 126 Clark v Idea Services Ltd [pdf, 65 KB]

    ...seeks an order that the defendant contribute to his legal costs and disbursements following an unsuccessful attempt by the parties to settle these between themselves. [2] The delay in issuing this judgment is attributable to the parties’ joint request to the Court to delay determining costs until after the defendant’s application for leave to appeal to the Court of Appeal had been dealt with. That application for leave has now been refused by the Court of Appeal. 1 [3] The d...