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1. David Bain report of Hon Ian Binnie QC on compensation claim supplementary [pdf, 1.5 MB]

   REPORT FOR THE MINISTER OF JUSTICE ON COMPENSATION CLAIM BY DAVID CULLEN BAIN BY HON IAN BINNIE QC 30 August 2012 (supplemented in response to questions raised by the Minister at our meeting of 13 September 2012) - ii - Table of Contents MANDATE AND METHODOLOGY ........................................................................................................ 1 EXECUTIVE SUMMARY ......................................................

2. [2019] NZEnvC 166 Lindis Catchment Group Incorporated v Otago Regional Council [pdf, 16 MB]

   ...evidence-in-chief Figure 2 [Environment Court document 12]. Called "Rutherford's" intake (wrongly) by some witnesses . 11 [28] Further south (downstream) The Point is named for a peninsula located at a distinctive change in landform. Immediately north of The Point the river emerges from its incised alignment and enters flats. The channel changes (briefly) from an incised small gorge channel above The Point to occasionally shifting braids within a wide gravel bed d...

3. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Application - Appendix B3 [pdf, 484 KB]

   ...groups associated with the project (BRCT and WEP (Waitati Energy Project)). 6 Interviews The interviews were conducted between November 2010 and February 2011 in the Blueskin Bay area. Each interview was based on topic areas that formed fifteen questions (appendix 1) that were recorded and transcribed for further analysis. On average each interview took forty-three minutes with a range from eighteen minutes to one hour and eighteen minutes. In total forty- four households...

4. Māori Land Court National Pānui March 2022 [pdf, 655 KB]

   ISSN 1175 - 8120 (Print) ISSN 2463-3763 (Online) www.mäorilandcourt.govt.nz www.mäorilandonline.govt.nz MARCH | POUTÜ-TE-RANGI 2022 The purpose of the National Pänui / Te Pänui ä Motu is to provide notice to interested parties of hearings being conducted in, and applications received by, the Mäori Land Court. Only applications and sittings that were confirmed at the time of this publication are listed. For more information, please contact your local Mäori Land Court office.

5. Final-Technical-Assessment-L-Archaeology-v2.pdf [pdf, 2.1 MB]

   ...Waka Kotahi New Zealand Transport Agency ("Waka Kotahi") guides for the assessment of archaeological sites. Aspects of my research have been coordinated with the Project Iwi Partners, with information and research advice provided when requested. I have discussed the Ō2NL Project with HNZPT. 5. As a result of my input on the development of the Project, key decisions to avoid or minimise adverse effects on archaeological sites were made by Waka Kotahi during the conside...

6. [2007] NZEmpC AC 25/07 Woud v Department of Corrections [pdf, 69 KB]

   ...sought this accrual to be added to his annual leave entitlement. He seeks a declaration that he is entitled to that accrued annual leave as between the date of his dismissal and reinstatement because the defendant has refused to comply with his request. It is common ground that the plaintiff is no longer in the employment of the defendant. [4] The strike-out application pleads that no reasonable cause of action has been raised and that the plaintiff’s proceedings are an abuse of...

7. [2011] NZEmpC 76 Rush Security Services Ltd v Samoa [pdf, 132 KB]

   ...that would otherwise be a working day for you. (c) Wages will be paid weekly no later than Wednesday direct into a bank account nominated by you. [7] This was an inadequate and inapt employment agreement and Ms Rush told me that the company‟s form of casual individual employment agreement has since been revised. The inadequacies of Mr Samoa‟s employment agreement are probably attributable in part to the fact that it was on a New Zealand Retailers Association template develope...

8. [2009] NZEmpC CC 3/09 A Farmer v A Worker [pdf, 55 KB]

   ...Lord Radcliffe in Davis Contractors Ltd v Fareham Urban District Council [1956] AC 696 at page 729: … frustration occurs whenever the law recognizes that without default of either party a contractual obligation has become incapable of being performed because the circumstances in which performance is called for would render it a thing radically different from that which was undertaken by the contract. [29] In National Carriers Ltd v Panalpina (Northern) Ltd [1981] AC 675, 700 Lord...

9. Vucich & Anor v CAC306 & Ors [2015] NZREADT 40 [pdf, 204 KB]

   ...agents, to ensure that licensees, still in their probationary period are properly supervised and managed. This situation regarding the non-compliant kitchen may not have occurred if licensee 1 had used this approach. 3.18 The complainants also requested in their submission an order be made under section 93(1)(e) that the licensees refund $35,000.00 from the commission they received and this would be accepted by the complainants as a full and final settlement of their claim against the...

10. Moetara - Pakanae 2Y3A (2014) 88 Taitokerau MB 242 (88 TTK 242) [pdf, 145 KB]

    ...application for termination. The Māori Appellate Court further found that an equally critical consideration will be the impact of any such order on any affected party. That is, where unreasonable disadvantages would be created for any party, a request for termination of trust should be refused. Finally, the Māori Appellate Court noted that three important considerations emerge namely: 10 (a) A change of mind is usually insufficient as a ground for termination unless there is...