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ALA v ITE NZEmpC AUCKLAND [2017] NZEmpC 130 [26 October 2017] THERE IS AN ORDER PROHIBITING PUBLICATION OF THE NAMES OF THE PARTIES AND ANY INFORMATION LEADING TO THE PARTIES’ IDENTITY IN THE EMPLOYMENT COURT AUCKLAND [2017] NZEmpC 130 EMPC 218/2017 IN THE MATTER OF an application for sanctions BETWEEN ALA Plaintiff AND ITE Defendant Hearing: 26 October 2017 (heard at Tauranga) Appearances: M Ward-Johnson, counsel fo
...build-up of water in the spouting, and the overflowing of this water onto the fascia and into the bathroom ceiling. 5.12 I was given a report by Mr Gerry Mitten, a building inspector who had carried out a site inspection in July 2006 at the request of Mr Schumacher. As none of the parties wished to question Mr Mitten, his report was admitted by consent. In his conclusions he states that he considers that the main cause of the leak above the bathroom was the build-up of leaves...
...conditions 3 and 4 as "conditions precedent", or "pre-conditions", (the language of contract), but rather to consider whether they were concerned with establishment of an activity on the one hand, in contrast to conditions to be performed on a continuing basis after establishment on the other, in the manner anticipated by the adaptive management conditions considered in Biodiversity Defence Society. We believe that to be a distinction worthy of consideration, and...
...of the claims being made. We are most familiar with the criminal law situation where someone charged with an offence pleads not guilty and a trial is held to try to prove the charge. Witnesses, usually including any complainants involved, provide information about what happened or about some other aspect of the case – either for the prosecution or for the defence. However, witnesses may also be required in what are known as civil cases. These are cases between individuals or bodies rat...
...Court, announced by the Applicant and the Respondent three days before the hearing. The change resulted from EDS and the council reaching a significant agreement about how the rate of vegetation clearance or modification might be slowed, which informed the issues that came to be argued in place of the letter of the declarations themselves. 3 [7] The agreement was to the effect that the District Council would urgently promulgate a Plan Change (to be numbered PC17) before Christma...
...without a hearing . [35] I note the protection afforded by s 320(5) of the Act ensuring that if Mr Braines does wish to raise any matter, then there is an immediate right to do so. [36] Under s 320(3)(d) of the Act I consider the Council's request that the Court give consent under s 315 of the Act, on an anticipatory basis, that should the respondents fail to comply with the orders, then the Council may: (a) comply with the order on behalf of the person who fails to comply with...
...issue of the brochure, the Committee found that Mr Andrews had breached rr 5.1, 6.2, 6.3, 6.4, and 9.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). The Committee said:3 The need for accurate information is fundamental to a sound real estate transaction. [Mr Andrews] provided inaccurate information about the dwelling [Mr de Martin] was looking to buy, in both a printed brochure and then verbally when asked about it. …
...obligations of trust (1) The court may at any time require any trustee of a trust to file in the court a written report, and to appear before the court for questioning on the report, or on any matter relating to the administration of the trust or the performance of his or her duties as a trustee. (2) The court may at any time, in respect of any trustee of a trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise...
...the commencement of this consent, and maintained on an ongoing basis thereafter. [52] Ms Shipman recommends "tightening" (although as an effective rewrite). However, the Council also confirms that it does not oppose the applicants' request in closing that they be given the option of simply constructing a close-boarded 1.9m boundary fence. Our site visit revealed they have started on this, having dug post holes, put in a post or two, and strung out the line. The applic...
...EVIDENCE BRIEF – NOVEMBER 2017. PAGE 3 of 11 These authors concluded that CBT approaches are widely used with this group despite a lack of empirical support, CBT-RP was classified as “experimental”. Behaviour Management through Adventure (a form of WT) was also found to be “experimental”. In contrast, MST-PSB had the most empirical support, and was found to be “probably efficacious”. Notably, half of the treatment programmes reviewed also demonstrated significa...