Search Results

1. [2014] NZEmpC 177 SAI Systems Ltd v Bird [pdf, 81 KB]

   ...Seyclean should not be joined as a party, the Authority stated: [6] The reasons for not joining Seyclean are as follows: i. The general rule is "that it is for the plaintiff to decide who he or she will sue …”. Mr Bird has not requested, and nor has he agreed to, his former employer, Seyclean, being joined to the matter he has asked the Authority to determine; ii. Lack of jurisdiction to award the type of relief sought. SSL seeks relief against Seyclean for an...

2. ENVC Hearing 6Oct14 AT rebuttal Anthony Blom [pdf, 126 KB]

   ...N McIndoe nicky.mcindoe@kensingtonswan.com 4813757.8 In the Environment Court of New Zealand Auckland Registry ENV-2013-AKL-000174 Under the Resource Management Act 1991 (the Act) In the matter of a Notion 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 Statement of Evidence in Reply of Anthony William Blom for Auckland Transport Date...

3. Hata – Opape 3C3B (2014) 95 Waiariki MB 60 (95 WAR 60) [pdf, 167 KB]

   ...Waiariki MB 66 (72 WAR 66). 2 27 Waiariki MB 78 (27 WAR 78). 3 72 Waiariki MB 67 (72 WAR 67). 4 72 Waiariki MB 67 (72 WAR 67). 95 Waiariki MB 62 [4] The site is accessed from Hikurangi Road through a reasonably steep fifty metre unformed track. It is proposed that a formed track would be eventually used to access the site from a less steep access route. The block, in this location, is hill terrain but the area subject to the application is located on one of the few fla...

4. CAC 20001 v Lovegrove [2013] NZREADT 98 [pdf, 75 KB]

   ...that she could get a LIM report but decided not to. She acknowledged that Ms Lovegrove had, as they went out of the property, pointed out the physical proximity of the Manukau City Council where she could go to find out about the property and request a LIM. [11] She also acknowledged that when she made the offer to purchase the following day she discussed with Ms Lovegrove the LIM report again and said that she did not require the LIM report. Irene Harrison 4...

5. ACG Ltd v ZXX Ltd [2011] NZDT 157 (9 May 2011) [pdf, 112 KB]

   ...contractual analysis over the approach previously taken. That is to say, I have taken as my starting point what representations were made leading up to the formation of the contract, what terms and conditions were in place at the time the contract was formed, and whether the product supplied conformed with the specifications for the product ordered. When viewed through this framework, it is not apparent to me that the shipping label and the two per cent allowance for impurities po...

6. ENVC Hearing 27Jul15 AC suppl evidence Sam Shumane [pdf, 135 KB]

   31594423:629148 BEFORE THE ENVIRONMENT COURT IN THE MATTER of 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 (ENV-2013-AKL-000174) BETWEEN WAIHEKE MARINAS LIMITED Applicant AND AUCKLAND COUNCIL Respondent SUPPLEMENTARY STATEMENT OF EVIDENCE O...

7. Horton v Māori Trustee – Awarua 3D3 No 12B and Awarua 3D3 No 13 (2013) 297 Aotea MB 178 (297 AOT 178) [pdf, 101 KB]

   ...one of those cases. Discussion [17] Following a conference with counsel at 9.00am yesterday I agreed to adjourn due to commitments in the Māori Appellate Court and to reconvene at 4.00pm to consider the application further. In the meantime I requested that counsel attempt to compile a list of issues still extant along details of the amounts due and payable according to the Māori Trustee along with the applicant’s response. [18] Immediately prior to the reconvening of proceed...

8. ENVC Hearing 6Oct14 AC evidence chief Richard Reinen-Hamill [pdf, 114 KB]

   31547706:629148 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) STATEMENT OF EVIDENCE OF RICHARD ANTHONY REINEN-HAMILL (COASTAL PROCESSES) ON BEHALF OF AUCK...

9. Auckland Standards Committee v Hong [2014] NZLCDT 16 [pdf, 70 KB]

   ...that a lawyer might be provided to respond to a complaint or own motion investigation arising out of that”, and thus in that matter it was found that the conduct fell within the definition of providing regulated services. [4] In this matter a request from a Standards Committee is not the situation, but rather orders made by a Standards Committee in the course of or following a determination by them in respect of the Practitioner, and we consider the same reasoning applies. [5]...

10. Director of Proceedings v Zhu [2012] NZHRRT 7 [pdf, 150 KB]

    ...Agreed Summary of Facts. [3] The Consent Memorandum is in the following terms: MAY IT PLEASE THE TRIBUNAL 1. The plaintiff and defendant have agreed upon a summary of facts, a signed copy of which is filed with this memorandum. 2. The plaintiff requests that the Tribunal exercise its jurisdiction in respect of the following matters: (a) A declaration pursuant to s 54(1)(a) of the Health and Disability Commissioner Act 1994 (“the Act”) that the defendant has breached the Health...