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1. [2006] NZEmpC AC 57/06 Kumar v Icehouse (NZ) Ltd [pdf, 114 KB]

   ...Relations Authority BETWEEN CHANDRA KUMAR Plaintiff AND ICEHOUSE (NZ) LTD Defendant Hearing: 16 and 17 February 2006 (Heard at Auckland) Appearances: David Fleming, Counsel for Plaintiff Barbara McCarthy, Counsel for Defendant Judgment: 6 October 2006 JUDGMENT OF JUDGE B S TRAVIS [1] The plaintiff has challenged a determination of the Employment Relations Authority. It found that the defendant company (“Icehouse”) had conducted a full and fair enqui...

2. [2017] NZEnvC 116 The Architectural Centre v Wellington City Council [pdf, 1.2 MB]

   ...and thought. Majority view - Commissioner J R Mills and Deputy Commissioner D A Kernahan [33] In his Submissions in Reply, Mr Slyfieid stated ''The University endorses Commissioner Mills' observation that there are two fundamental judgements for the Court to make: (a) A judgement on the heritage value of the Gordon Wilson Flats, and (b) A judgement on the practicalities, difficulties or costs of refurbishment (Le. are there any reasonable alternatives to demolition?...

3. Donaldson v Hemi - Whaanga 1D 1D Roadway (2019) 188 Waikato-Maniapoto MB 142 (188 WMN 142) [pdf, 959 KB]

   ...- 164, 173 Waikato Maniapoto MB 88 - 92 18 March 2019, 177 Waikato Maniapoto MB 84 - 92 4 April 2019, 180 Waikato Maniapoto MB 169 - 236 (Heard at Hamilton) Appearances: J Neverman for Applicants L Muldowney for Respondent Judgment: 15 October 2019 JUDGMENT OF JUDGE S TE A MILROY Copies to: J Neverman, Neverman Bennett Limited, PO Box 1559, Hamilton 3240, john@nblawyers.co.nz L Muldowney, Barrister, PO Box...

4. McQuade v Young & Ors as Trustees for the Maureen Young Family Trust [pdf, 136 KB]

   CLAIM FILE NO: 00119 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER OF an adjudication BETWEEN DENNIS & JANE McQUADE Claimants AND MAUREEN YOUNG, RICHARD MARTIN & B D BYERS (Trustees for the Maureen Young Family Trust) First Respondent AND SAM YOUNG Second Respondent AND PORIRUA CITY COUNCIL Fourth Respondent AND BULLEYMENT-FORTUNE ARCHITECTS LIMITED Fifth Respondent (intituling cont

5. Family Court rewrite submission: Backbone Collective [pdf, 295 KB]

   1 Submission to the Review into the Family Court 2014 Reforms Prepared by The Backbone Collective P.O. Box 078 300 Grey Lynn AUCKLAND www.backbone.org.nz info@backbone.org.nz November 2018 Introduction Please find here a written submission to the Family Court Review Panel from the Backbone Collective. We ask that the Review Panel read this submission along with notes taken from our face to face meeting with the Panel on 19 September 2018, the submissions

6. [2019] NZEnvC 199 SKP Incorporated v Auckland Council [pdf, 7.9 MB]

   ...environment and any disturbance in these areas is likely to uncover our tupuna. Modifications made and consequences of the KBPL [sic] proposal will impact on that waahi tapu. [55] Mr Roebeck was tested by Mr Majurey on those assertions and in our judgment was found wanting.64 In his initial answers to questions about the extent of koiwi, particularly as to whether he meant the whole of the foreshore of Waiheke being a waahi tapu, Mr Roebeck prevaricated with answers such as "It...

7. 2021-11-03 ORC - Legal submissions - PC8 - primary sector hearing [pdf, 288 KB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-128 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Omnibus Plan Change - Plan Change 8, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA OTAG

8. L v EQC [2021] CEIT-2019-0036 [pdf, 411 KB]

   ...development of the law of fraud in insurance is an aspect of the duty of utmost good faith, which has developed due to the risk sharing relationship between an insured and insurer. [26] A finding of fraud requires a court or tribunal to make a judgment under the civil standard of proof; the balance of probabilities. The "balance of probabilities" means what is alleged is more likely than not to have occurred. However, fraud is also a criminal issue, and criminal matters are...

9. [2022] NZREADT 18 – QQ v REA NQ (7 September 2022) [pdf, 233 KB]

   ...agree that the Property is sold on an “as is where is” basis regardless of any warranty or representation to the contrary in this agreement whether express or implied. 21.2 In deciding to purchase the Property the purchaser has relied on its own judgement and not on any representation made by the vendor or by any person on the vendor’s behalf. The purchaser will raise no objection to, or requisition in respect of, the Property, its condition or any matters affecting the Property....

10. AMLCFT Statutory Review Consultation Document [pdf, 1.2 MB]

    - Review of the AML/CFT Act Consultation Document Ministry of Justice October 2021 Important notice The opinions contained in this document are those of the Ministry of Justice and do not reflect official government policy. Readers are advised to seek specific legal advice from a qualified professional person before undertaking any action in reliance on the contents of this publication. The contents of this discussion document must not be con