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1. [2022] NZEnvC 239 Te Runanga o Ngati Whatua v Auckland Council [pdf, 179 KB]

   Waste Management IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 239 IN THE MATTER OF appeals under section 120 of the Resource Management Act 1991 AND IN THE MATTER of an application by Waste Management NZ Ltd for resource consents to construct and operate a new regional landfill at 1232 State Highway 1, Wayby Valley (“ARL”) BETWEEN TE RŪNANGA O NGĀTI WHĀTUA (ENV-2021-AKL-076) ROYAL FORE...

2. X Ltd v II [2021] NZDT 1539 (14 May 2021) [pdf, 169 KB]

   ...GST was added to the disputed amount the amount was $13,557.80. II and BI deducted this amount from the $40,337.98 invoiced by XL and then paid the balance of $26,780.13 to XL in full satisfaction of the amount charged. [3] After considering the matters raised by II and BI XL advised them that it was not prepared to accept the amount paid. It then sent a revised invoice and statement showing a balance outstanding of $11,886.78. XL now claims that amount from II and BI. [4] II and BI...

3. LCRO 50/2017 TG v JT and TAP LIMITED (26 January 2018) [pdf, 292 KB]

   ...copy of the letter for consideration as part of the complaint material. The Committee said: Section 151(1) of the Act provides that the Committee may receive in evidence any document that may in its opinion assist it to deal effectively with the matters before it, whether or not the document would be admissible in a court of law. That subsection does not have the effect of disturbing legal professional privilege (s 271 of the Act), for good reason. However, the letter concerned is no...

4. [2022] NZEmpC 229 AlKazaz v Deloitte (No. 3) Ltd [pdf, 195 KB]

   ...scale costs represent only 31 per cent of their costs actually and reasonably incurred, if the Court was to adopt 66 per cent as the starting point for fixing costs the appropriate award would be $146,945.37. [6] Taking into account the various matters mentioned above, the defendants submit that the Court should exercise its discretion to award more than scale costs and 3 “Employment Court of New Zealand Practice Directions” <www.employment.govt.nz> at No 16. 4 This...

5. SH v CO & D Ltd & C Ltd & N Ltd [2021] NZDT 1615 (9 August 2021) [pdf, 237 KB]

   ...advised by [Brand], the paint supplier, that the paint had a lifetime warranty against peeling or cracking, SH raised a warranty claim with N Ltd, but he was referred back to the Builder. There was also no dispute that on 27 July 2018 he raised the matter directly with the Developer who arranged for some remedial painting. However SH considers this did not adequately remedy the issue. 20. The Developer’s position is that SH had 90 days to identify any defects and did not so; that re...

6. Form-5-Deportation-Appeal-Cancelled-Refugee-and-Protected-Person.pdf [pdf, 435 KB]

   ...Immigration Act 2009 to make a declaration that is false. I declare that the answers in this form are true and correct. I understand that it is my responsibility to establish my appeal. I authorise my representative (if any) to act on my behalf in all matters with the Tribunal and receive all correspondence and documents relating to my appeal. Signature of appellant Date (day/month/year): / / Full Name Signature Date (day/month/year): / / Relationship to...

7. [2017] NZEmpC 126 Marryatt v Silver Ridge Group Ltd (Judgment (No 2) [pdf, 165 KB]

   SUZANNE LIZETTE MARRYATT v SILVER RIDGE GROUP LIMITED NZEmpC AUCKLAND [2017] NZEmpC 126 [16 October 2017] IN THE EMPLOYMENT COURT AUCKLAND [2017] NZEmpC 126 EMPC 276/2017 IN THE MATTER OF an application for freezing order BETWEEN SUZANNE LIZETTE MARRYATT Applicant AND SILVER RIDGE GROUP LIMITED First Respondent AND SILVER RIDGE PROPERTIES LIMITED Second Respondent Hearing: 16 October 2017 (Heard at Auckland) Appear...

8. [2017] NZEmpC 151 Zara's Turkish v Kocaturk [pdf, 160 KB]

   ZARA'S TURKISH LIMITED v GÜLER KOCATÜRK NZEmpC CHRISTCHURCH [2017] NZEmpC 151 [29 November 2017] IN THE EMPLOYMENT COURT CHRISTCHURCH [2017] NZEmpC 151 EMPC 273/2017 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application of a stay of proceedings BETWEEN ZARA'S TURKISH LIMITED Applicant AND GÜLER KOCATÜRK Respondent Hearing: On the papers dated...

9. BORA Health and Disability Services (Safety) Amendment Bill [pdf, 284 KB]

   ...against new s 54(1A) (described above). New s 54B provides that a person may be proceeded against under the Summary Proceedings Act 1957 or served with an infringement notice. • We note that s 55 of the Act puts the burden of proof for some matters relating to the offences in s 54 on the defendant and that s 56 of the Act provides for some defences which the defendant must prove. As the matters and defences in ss 55 and 56 of the Act do not apply to the new offences proposed in...

10. OWG v VJM [2012] NZIACDT 35 (29 June 2012) [pdf, 55 KB]

    ...unstable angina and pain at rest, indicate it may have been a factor. [12] Mr VJM has retired from immigration practice due to his health, and his licence has now expired. [13] In addition, Mr VJM has produced a letter from Judge X, a former Chief Justice of Samoa and retired New Zealand District Court Judge. He said he has known Mr VJM for some 10 years, and is in a position to comment on his professional practice. Mr VJM had consulted the judge in relation to professional issues, and...