Search Results

1. Henderson v Henderson - Pakowhai 5B2 (2024) 109 Tākitimu MB 54 (109 TKT 54) [pdf, 292 KB]

   ...a trustee has reasons to not act, they have options. They can resign or seek directions from the court as to their conduct. Mr Henderson did neither. He unilaterally decided to disengage as a trustee, despite his fellow trustees’ repeated requests for him to perform his trustee duties. Moreover, this is not a case of a trustee missing a few meetings. Mr Henderson disengaged for many years. I am therefore satisfied that Mr Henderson repeatedly refused or failed to act as a tru...

2. [2024] NZEmpC 154 Hu v Passion Fresh Ltd [pdf, 180 KB]

   ...applied to each of the steps claimed by Passion Fresh. Instead, she sought to rely on Ms Hu’s straitened financial circumstances to either keep costs down to an unspecified lower-level or to enable payment over time. [15] In the absence of more information explaining Ms Hu’s financial circumstances, it is not possible to take that submission very far. However, even if that information had been provided it is unlikely costs would be declined or reduced. To take such a step wou...

3. [2024] NZEmpC 141 Byrne v Coverstaff Recruitment Group Ltd [pdf, 218 KB]

   ...makes the following orders: (a) The plaintiff’s application for leave to file a notice of opposition is dismissed. (b) The defendant’s applications for unless orders, strike-out and security for costs are declined. [24] The Court also requests the Authority to submit to the Court a good faith report under s 181 of the Act outlining the extent to which the parties involved in the investigation facilitated rather than obstructed the Authority’s investigation and whether th...

4. McGuire - Mangaheia 1B2A5B (2024) 126 Tairāwhiti MB 209 (126 TRW 209) [pdf, 226 KB]

   ...appoints by consent Mrs Valerie Milner as a trustee and awaits Mr Tupara's advice in due course as to the names of the other two trustees from amongst the four nephews who are named in the will. That confirmation should also include the consent forms signed by the trustees. Orders accordingly, to issue immediately Rule 66 conditional on receipt of signed consents for the other two trustees. The trust order will record that on the passing of Mrs Milner [or her resignation], her...

5. [2023] NZEnvC 275 Greenacres Waiheke Limited v Auckland Council [pdf, 202 KB]

   ...results of Stage 3.1 Trials, no decision has been made yet in respect of notification. Continuation of stay [8] The parties’ view is that the stay should continue until the replacement resource consent application has been determined. The parties request that the stay be extended until 15 March 2024 subject to the conditions set out below: (a) the organic waste treatment facility must be operated in accordance with the Updated Trial Plan dated 4 April 2022 for Stages 1 and 2, an...

6. 2023-09-26-Evidence-of-Bryn-Rowden-Terrestrial-and-Freshwater-Ecology.PDF [PDF, 233 KB]

   ...of construction activities where it is practicable to do so") has been altered to include “or before the end of the first planting season following the Project being open to the public”. [17] I addressed this issue in my section 92 request for information, noting that if buffer planting is identified as a mitigation measure for construction it must obviously be in place prior to construction commencing (pg 25). The section 92 response from Waka Kotahi agreed that conditi...

7. [2024] NZEnvC 027 Greenacres Waiheke Limited v Auckland Council [pdf, 209 KB]

   ...(received February 2024); and v. Monitoring returns (received February 2024). Continuation of stay [8] The parties’ view is that the stay should continue until the replacement resource consent application has been determined. The parties request that the stay be extended until 15 June 2024 subject to the conditions set out below: (a) the organic waste treatment facility must be operated in accordance with the Updated Trial Plan dated 4 April 2022 for Stages 1 and 2, and the St...

8. [2024] NZEnvC 030 South Taranaki District Council v Edgcombe [pdf, 2.1 MB]

   ...4.1.5 of the operative South Taranaki District Plan unless it is expressly allowed by a resource consent. 2. Materials include, but are not limited to: (a) whiteware including fridges, freezers, washing machines, dryers; (b) scrap metal in any form; (c) scrap timber and scrap building materials; (d) asbestos-containing materials; (e) treated timber; (f) vehicles or machinery; and (g) general waste. (materials) Required action 3. Pursuant to section 314(1)(b)(i) and (ii)...

9. Panchalingam v Accident Compensation Corporation (Leave to Appeal) [2024] NZACC 75 [pdf, 189 KB]

   ...application for review of the Corporation’s decision dated 12 August 2022, is therefore upheld. This appeal is dismissed.” Applicant’s submissions in support of leave to appeal [24] The application for leave to appeal refers only to the pre-printed form’s grounds for leave, namely that the applicant “is dissatisfied with the decision of the District Court as being wrong in law”. [25] Under court timetable directions the applicant had the opportunity to file written sub...

10. 2024 NZPSPLA 019.pdf [pdf, 103 KB]

    ...he has seen Mr LK providing security services at the Yard Bar on multiple occasions. [iv] The original complainant confirmed to CIPU4 that he has seen Mr LK providing security at the Yard Bar with Mr Smart on various occasions. [11] CIPU requested the records from Mr Smart that he is required to hold regarding the details, including COA numbers of all his security employees. He has failed to provide this to them and has failed to provide them with a reasonable excuse for this....