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  1. Regulatory Impact Statement Civil Fees Review [pdf, 179 KB]

    ...to fully recover costs will not be appropriate because of access to justice considerations. These points and other comments on fee-setting have been made by the Regulations Review Committee in the context of scrutinising fee regulations and have informed the development of fee-setting options. Most of the key gaps and assumptions that impact on the analysis arise from the limitations of the financial information relied on to calculate costs. Some costs were difficult to identify or had...

  2. [2012] NZEmpC 142 Horton Media Ltd [pdf, 212 KB]

    ...assistance in an attempt to resolve the problem. 38.2 Consent to Undergo Drug and/or Alcohol Testing Upon commencement of employment where the company has reasonable concern regarding the employee’s fitness for work, the employee may be requested to consent to a drug and alcohol test. If, at any other time there is a reasonable suspicion that an employee will not be fit to work due to being under the influence of drugs or alcohol, that employee may be requested to consen...

  3. EMPC Retirement of Judge Travis [pdf, 287 KB]

    ...were times when it was really tough and one of the key things, in my respectful submission, about this Court is you need real humanity and you need to engage with real people every day. Clearly from the references I’ve been given, including my former partner, Mr McIlraith who’s at the back of the Court, you have all the abilities in that regard, together with good humour I’m told, which we look forward to. Your Honour’s retirement has been well earned and you are much respe...

  4. Whooley - Ngaiotonga 1B1 and 2B1 and Lots 1 - 2, and 3 DP383105 (2014) 71 Taitokerau MB 38 (71 TTK 38) [pdf, 1.1 MB]

    ...Introduction [1] Denis Whooley together with members of his family own three parcels of General land located on the Waikare Inlet in the Bay of Islands. The land has no road access. In recent years Mr Whooley and his family have relied on an informal understanding with one of the owners of the neighbouring multiply-owned Māori land to gain access over that land to Waikare Road, the nearest public road. The Māori landowner has in turn used part of the General land for easier acces...

  5. Recommendations Recap - Issue 13 [pdf, 988 KB]

    ...authority any reports, medical or otherwise, the coroner thinks proper (s118) or to request a copy of a report/investigation to be made available to a coroner (s120). • Section 200 of the Health and Safety at Work Act 2015 explicitly provides that if requested by a coroner, the regulator must give the coroner a written report of an investigation that the regulator has carried out, or is carrying out, on the circumstances of any fatal accident that occurs at a workplace. When a workpl...

  6. [2016] NZEmpC 95 Pretorius v Marra Construction (2004) Ltd [pdf, 270 KB]

    ...contracted out of Marra and into a joint venture entity, and that he would receive the same benefits as those paid to Dominion employees. This was obviously a reference to his earlier conversations with Mr Bailey. [32] The email also referred to a request for an increase in salary; he said he had been given a company vehicle he had used on the joint venture project, as compensation for an increase. On the evidence presented to the Court, the provision of the vehicle was appar...

  7. [2013] NZEmpC 81 Brake v Grace Team Accounting Ltd [pdf, 191 KB]

    ...presently, it stated that they did not want any more and the bigger jobs, which the plaintiff had the experience to do, were being undertaken more efficiently on a full-time basis. The letter claimed that this provided the extra information she had requested and gave her until 28 April to provide any further thoughts she had about the matter, with a new meeting scheduled for 29 April to which she was invited to bring a representative. [38] The plaintiff returned to work on Wedne...

  8. Ngati Pahauwera Report of Independent Assessor December 2015 [pdf, 1.4 MB]

    ...mouths of rivers (including the Mohaka River mouth) inside that area to the extent that they are part of the common marine and coastal area. “Common marine and coastal area” and “marine and coastal area” are both defined in s 9 of the Act, the former definition essentially incorporating the latter. The defined areas are those bounded by mean high-water springs and the outer limits of the territorial sea. The iwi apply under s 78 of the Act for a recognition to be included in any C...

  9. Chaudhary v CAC 414 [2019] NZREADT 24 (7 June 2019) [pdf, 293 KB]

    ...advise Chaudhary that I will send him an email covering our conversation today. I advise him that the CAC has directed an inquiry into the complaint and I will be sending him a list of questions to answer. [13] The Authority sent Mr Chaudhary formal advice of the complaint, and set out a number of questions for his response, on 8 February 2017. Mr Chaudhary responded on 28 March 2017. The following questions and answers are relevant to this appeal: a. (Question): Provide det...

  10. LCRO 172/2015 and 173/2015 WL v XC and HF v XC (16 May 2019) [pdf, 269 KB]

    ...and (d) there was media interest driven by Ms XC’s need for publicity. [18] Ms WL also submitted that Ms XC’s conduct breached r 13.8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). 4 [19] Forming part of Ms WL’s complaint was a memorandum prepared by M partnership’s counsel Mr BB, in support of the partnership’s application for costs against Ms XC. Ms WL submitted that the memorandum clearly identifies Ms XC’s “mis...