Search Results

1. [2010] NZEmpc 111 Smith v Stokes Valley Pharmacy (2009) Limited [pdf, 126 KB]

   ...(2009) LIMITED Defendant Hearing: 9 and 10 August 2010 (Heard at Wellington) Appearances: Peter Cranney and Carolyn Mayston, Counsel for Plaintiff Tim Cleary, Counsel for Defendant Judgment: 26 August 2010 JUDGMENT OF CHIEF JUDGE GL COLGAN (a) The plaintiff is not precluded in law from bringing and maintaining her proceedings including for the personal grievances of unjustified dismissal from, and unjustified disadvantage in, employment or otherwise at common...

2. [2014] NZEmpC 117 Hutchison v Nelson City Council re-issued [pdf, 222 KB]

   ...Flower, agent for the plaintiff M E Kirk, counsel for the defendant Judgment: 9 July 2014 Reissued: Pursuant to Minute of Recall dated 12 November 2014 Effective date of Judgment: 9 July 2014 JUDGMENT OF JUDGE B A CORKILL Introduction [1] Ms Robyn Hutchison commenced work at the Nelson City Council (NCC) as an Executive Assistant (EA). Her employment commenced on 30 May 2011 and continued until her dismissal on 13 December 2011. [2...

3. CAC 20006 v Azimi [2014] NZREADT 69 [pdf, 120 KB]

   ...69 READT 037/12 IN THE MATTER OF charges laid under s.91 of the Real Estate Agents Act 2008 BETWEEN COMPLAINTS ASSESSMENT COMMITTEE (CAC 20006) Prosecutor AND ZOHREH HOMEI AZIMI Defendant MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr J Gaukrodger - Member Ms C Sandelin - Member HEARD at AUCKLAND on 27 and 28 May 2014 DATE OF THIS DECISION 16 September 2014 COUNSEL Mr R M A McCoubrey and Ms J M Pridgeon for the prosecution Mr M His...

4. Langhorne v ACC [2010] NZACA 4 [pdf, 286 KB]

   ...related compensation was considered by the Accident Compensation Appeal Authority in Adam Decision No. 47/88 [1988] 7 NZAR. Willis DCJ held at page 132: “... In giving this matter consideration I do not think I can do better than refer to Judge Blair’s Accident Compensation New Zealand p133, where he said: The dominant purpose of s53 is that a method will be selected which will produce a result giving a fair reflection of past earnings. The circumstances of claimants will of...

5. Lowe and Ors as Trustees of the Vivienne Hicks Family Trust v Morrison [2011] NZWHT Auckland 27 [pdf, 263 KB]

   ...all reasonable skill and care in carrying out its inspections. [51] The standards by which the conduct of a Council officer should be measured were considered in Askin v Knox5 where Cook J concluded that a council officer‟s conduct will be judged against the knowledge and practice at the time at which the negligent act or omission was said to have taken place. [52] This was also reinforced in Hartley v Balemi which states: 6 It is an objective standard of care owed...

6. Singh v Singh and Scorpion Liquor (2006) Ltd [2016] NZHRRT 38 [pdf, 274 KB]

   ...38 Reference No. HRRT 032/2013 UNDER Human Rights Act 1993 BETWEEN SATNAM SINGH Plaintiff AND SHANE SINGH First Defendant AND SCORPION LIQUOR (2006) LIMITED Second Defendant AT AUCKLAND BEFORE: Judge W K Hastings Deputy Chairperson Dr H Hickey, Member Pastor R Musuku, Member APPEARANCES: S Judd and D Peirse for the Plaintiff S Lance for the Defendants Date of Hearing: 4, 5, 6 April 2016 Date of Deci...

7. Guo v PwC (Discovery and Search Order) [2021] NZHRRT 22 [pdf, 349 KB]

   ...has specific application to particular discovery against a non-party after proceedings have been commenced and provides: 8.21 Order for particular discovery against non-party after proceeding commenced (1) This rule applies if it appears to a Judge that a person who is not a party to a proceeding may be or may have been in the control of 1 or more documents or a 2 Note the Human Rights Act 1993, s 104(5) as reproduced here was replaced on 14 November 2018 by the Tribunals Powers...

8. [2020] NZEnvC 186 Panuku Development Auckland Limited v Auckland Council [pdf, 3.1 MB]

   ...appeal pursuant to s 120 of the Act PANUKU DEVELOPMENT AUCKLAND LIMITED (ENV-2018-AKL-000176) Appellant AUCKLAND COUNCIL Respondent R Peters and R Bannan R Dexter and A Modrow N Smith P Lange L Whiley s 27 4 parties Court: Environment Judge M Harland Commissioner K Edmonds Commissioner D Bunting Hearing: On the papers Submissions received 12 August, 21 August, 25 August, 26 August, 27 August, 28 August and 2 September 2020 Counsel: D J Minhinnick and S H Pilkington...

9. Canterbury / Westland Standards Committee 3 v Johnson [2018] NZLCDT 5 [pdf, 464 KB]

   ...[2018] NZLCDT 5 LCDT 010/17 and LCDT 011/17 UNDER The Lawyers and Conveyancers Act 2006 BETWEEN CANTERBURY / WESTLAND STANDARDS COMMITTEE 3 Applicant AND RONALD BRUCE JOHNSON Practitioner CHAIR Judge D F Clarkson MEMBERS Ms F Freeman Mr S Grieve QC Mr C Lucas Mr W Smith HEARING 2 & 3 October and 8 November 2017 HELD AT Auckland DATE OF DECISION 9 March 2018 COUNSEL Mr S Waalkens for the Standards Co...

10. Holland & Ors as Trustees of the Harbourview Trust v Auckland City Council [pdf, 258 KB]

    ...in a CCC being issued on 2 October 2001. [74] The Council submits that many of the issues with the dwelling would not have been identified as defects at the time of construction. In particular it submits that a Council officer should be judged against the conduct of other Council officers and against the knowledge and practice at the time at which the negligent act/omission was said to take place. [75] I accept that the adequacy of the Council’s inspections needs to...