Search Results

1. Darlerbe v Hakaoro [2015] NZIACDT 28 (17 March 2015) [pdf, 80 KB]

   ...any submissions from the other parties. [20] Any application for an order for the payment of costs or expenses under section 51(1)(g) should be accompanied by a schedule particularising the amounts and basis for the claim. [21] The Registrar is requested to report on the extent to which Mr Hakaoro has complied with previous orders the Tribunal has imposed in respect of sanctions, and the steps she has taken to enforce the orders. Timetable [22] The timetable for submissions will b...

2. ENVC Hearing 6Oct14 s274 evidence chief Allen Davies [pdf, 49 KB]

   1 Before the Environment Court at Auckland. In the Matter of the Resource Management Act 1991 And In the Matter of Notice of Motion under Section 87G 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 Evidence of Allen Edwin Davies Dated 22nd July 2014 Allen Davies 422 Seaview Road Onetangi Wa...

3. [2013] NZEmpC 134 Hallwright v Forsyth Barr ltd [pdf, 66 KB]

   ...policy. It is intended to encourage and facilitate the negotiation and settlement of disputes, by preventing any possible admission of liability being raised against the party making it. This being the purpose of the rule, strict adherence to form is not necessary: for example the use of the words “without prejudice” is not necessary if the intention is clear; Cross on Evidence (4 th NZ ed) para 10.43. On the other hand, the use of the words will not necessarily protect the e...

4. [2014] NZEmpC 109 Hixon (Labour Inspector) & Collins v Campbell Ors interlocutory [pdf, 62 KB]

   ...3 put before us, that reasonable efforts have been made to serve Mr and Mrs Campbell but these have been unsuccessful. We are satisfied that the proceedings will have come to their notice by sending them to the Post Office Box as Mr Campbell requested. [13] We make an order accordingly, that is that service was effected on the first and third defendants on 21 June 2014, the date of probable receipt of the documents in the Post Office Box. The one condition that will attach to th...

5. [2016] NZEmpC 12 Auckland International Airport Ltd v APC oral judgement [pdf, 84 KB]

   ...JUDGMENT OF CHIEF JUDGE G L COLGAN [1] The first respondent has not appeared at this scheduled first call of the case following the making of freezing orders affecting her on 15 February 2016. [2] The orders that follow on the applicant’s request are to lie in court until the applicant proves service on the first respondent by affidavit later today. [3] Subject to proof of service as just outlined, I am satisfied that the proceedings have been brought to the first respondent’...

6. [2014] NZEmpC 207 Canon New Zealand Ltd v Hutchison [pdf, 71 KB]

   ...support the Authority’s determination and reasoning. It does not go beyond the parameters of CNZL’s statement of claim. [8] Filed at the same time, on 11 September 2014, was a memorandum from the defendant’s solicitors which included a request couched in these terms: 5. … the Defendant seeks guidance from the Court as to whether it sees the limited nature of the Plaintiff’s appeal as restricting the Court’s ability to consider the full application of sections 67A and...

7. ABH v ZYV Ltd [2013] NZDT 37 (28 May 2013) [pdf, 117 KB]

   ...home and repair her blinds is unreasonable. Can ZYV Ltd’s charge ABH a late payment fee? [12] ZYV Ltd has sought to charge ABH a $20.00 late payment fee. The terms of the agreement between the parties crystallised when the contract was formed. This was when ZYV Ltd agreed to repair ABH’s blinds. At that point, charges had not been discussed and no reference was made to a late payment fee. For this reason, I find that payment of a late payment fee was not part of the ag...

8. CAC10063 v Picknell [2013] NZREADT 41 [pdf, 57 KB]

   ...of REAA [5] The Real Estate Agents Authority (“REAA”) submitted that Ms Picknell failed to achieve the fundamental purpose of the Act which is to promote and protect the interests of consumers in Real Estate Agents transactions in leaving the forms with an unlicensed person to do as she wished with them. [6] The REAA submits that this is serious misconduct and that the appropriate penalty is lengthy suspension of her licence and a moderate fine commensurate with the seriousness...

9. ENVC Hearing 27Jul15 NTP suppl evidence Wilson [pdf, 78 KB]

   ... COURT   ENV-­‐2013-­‐AKL-­‐000174   UNDER         the  Resource  Management  Act  1991   AND     IN  THE  MATTER   of  a  Notice  of  Motion  under  Section  87G  requesting  the   granting  of  resource  consents  to  Waiheke  Marinas   Limited  to  establish  a  Marina  at  Matiatia  Bay,  Waiheke   Island,  in  the  Hauraki  Gulf   BET...

10. Ms N v REAA & Mr X [pdf, 27 KB]

    ...136. [11] The Tribunal finds that the disclosure made by Ms N fails to comply with s 136. The Tribunal have considered what guidance it can give to the profession as to what should be contained in a disclosure document under s 136 as there are no forms in the Act or Rules. The Tribunals suggest a document which is headed with the name of the licensee, the name of parties, the date and the address of the property and then a statement to the effect that the purchaser (or client) acknowl...