Search Results

1. 2021-07-23 ORC - Legal submissions regarding scope for relief sought by WISE Response.pdf [pdf, 215 KB]

   ...under section 149T of the RMA BETWEEN OTAGO REGIONAL COUNCIL Applicant LEGAL SUBMISSIONS ON BEHALF OF THE OTAGO REGIONAL COUNCIL IN RELATION TO SCOPE FOR RELIEF SOUGHT BY WISE RESPONSE SOCIETY INC 23 July 2021 Judicial Officer: Judge Borthwick Applicant's Solicitor PO Box 4341 CHRISTCHURCH 8140 DX WX11179 Tel +64 3 379 7622 Fax +64 379 2467 Solicitor: P A C Maw / M A Mehlhopt (philip.maw@wynnwilliams.co.nz / michelle.mehlhopt@wynnwilliams.c...

2. LCRO 52/2022 AD v OC (12 July 2024) [pdf, 244 KB]

   ...whether anything the respondent has done or not done constitutes professional negligence or, if so, whether the applicant has suffered any loss as a consequence. Those are matters for a court. The LCRO’s office is not a court and I am not a judge. Accordingly, I made clear to the applicant that he was pursuing his claim for compensation in the wrong forum. The applicant is a former lawyer and indicated that he fully understood the issue. [46] I am nevertheless obliged to condu...

3. ND & OD v MF [2024] NZDT 32 (2 February 2024) [pdf, 206 KB]

   ...made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Dis...

4. [2025] NZEmpC 90 Youtap Ltd v Johnston [pdf, 244 KB]

   ...Defendant Hearing: 10-12 February 2025 (Heard at Auckland) Appearances: P Skelton KC, counsel and D Organ, advocate for plaintiff S Langton and M Povey, counsel for defendant Judgment: 9 May 2025 JUDGMENT OF JUDGE J C HOLDEN [1] This judgment resolves a challenge to a preliminary determination of the Employment Relations Authority that found that the defendant, Michael Johnston, was employed by the plaintiff, Youtap Ltd.1 [2] Youtap Ltd...

5. X Ltd v Q Ltd [2024] NZDT 261 (14 March 2024) [pdf, 185 KB]

   ...that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than...

6. 2024 NZPSPLA 093.pdf [pdf, 315 KB]

   ...wear them. [32] He says it was an extremely difficult time because they were following instructions which at times, they felt were wrong. They accepted their client’s word that they were acting lawfully because he is a lawyer married to a judge. He says they felt stuck in the middle of the dispute between the client and Ms AL. It was especially difficult he says as the client would attempt to override his instructions to staff. As an example, he says the client’s instruction...

7. Waitangi Tribunal - Part 2 Rangahaua Whānui District Auckland [pdf, 3.8 MB]

   ...series, which, when complete, will provide a national theme of loss of land and other resources by Maori since 1840. Each survey has been written in the light of the objectives of the Rangahaua Whanui project, as set out in a practice note by Chief Judge E T J Durie in September 1993 (see app I). I must emphasise that Rangahaua Whanui district surveys are intended to be one contribution only to the local and national issues, which are invariably complex and capable of being interpreted...

8. Ward v Maccol Developments Ltd [pdf, 194 KB]

   CLAIM NO: 00823 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER OF an adjudication BETWEEN PETER LOMAS WARD and HEATHER JOY WARD Claimants AND MACCOL DEVELOPMENTS LIMITED First respondent AND MARK JOSEPH COLLINSON Second respondent AND NORTH SHORE CITY COUNCIL Third respondent DETERMINATION CLAIM NO.00823 – WARD DETERMINATION.doc 2 INDEX INTRODUCTION

9. [2021] NZEnvC 096 Northland District Health Board v Northland Regional Council [pdf, 9.7 MB]

   Court: IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU IN THE MATTER OF BETWEEN AND AND Judge J A Smith Commissioner S C Myers 1 Decision [2021] NZEnvC o:\6 an appeal under Clause 14 of Schedule 1 of the Resource Management Act 1991 (the Act) in relation to Topic 8 Agrichemicals of the proposed Northland Regional Plan POPULATION AND PUBLIC HEALTH UNIT OF THE NORTHLAND DISTRICT HEALTH BOARD (ENV-2019-AKL-126) HORTICULTURE NEW Z...

10. [2010] NZEmpC 4 Lewis v Howick College Board of Trustees [pdf, 156 KB]

    ...Defendant Hearing: 28, 29, 30 September and 1 October 2009 (Heard at Auckland) Appearances: Brian Henry and Grace Church, Counsel for Plaintiff Richard Harrison, Counsel for Defendant Judgment: 19 January 2010 JUDGMENT OF CHIEF JUDGE GL COLGAN Nature of case [1] The issues on this challenge by hearing de novo to the determination of the Employment Relations Authority are: • whether Raymond Lewis’s summary dismissal by his employer, Howick College Board...