Search Results

1. [2021] NZEmpC 169 Smiths City (Southern) Ltd (in receivership) v Claxton [pdf, 518 KB]

   SMITHS CITY (SOUTHERN) LIMITED (IN RECEIVERSHIP) v JEREMY WALTER ETTLES CLAXTON [2021] NZEmpC 169 [5 October 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2021] NZEmpC 169 EMPC 413/2019 EMPC 444/2019 IN THE MATTER OF matters removed from the Employment Relations Authority BETWEEN SMITHS CITY (SOUTHERN) LIMITED (IN RECEIVERSHIP) Plaintiff AND JEREMY WALTER ETTLES CLAXTON Fi

2. [2021] NZEnvC 175 Shaw v Hamilton City Council [pdf, 2.5 MB]

   ...designated location for the stormwater pond was a natural point for water to be dealt with. In the intervening period there has been a change of stormwater treatment philosophy and ponds on both sides of the valley are being considered. However, investigations are still at the background report design philosophy stage. We were told that it may be possible to relocate the ponds but if additional land was required or had to be taken, then that process would no longer meet the proje...

3. [2020] NZEmpC 37 Kang v Lee [pdf, 353 KB]

   ...Authority is defended and Mr Lee denies liability. Urgency [12] This application has been considered urgently, without notice, because of a recent turn of events in the Authority, giving rise to concerns about Mr Lee’s intentions. [13] The investigation meeting is scheduled for 6 April 2020. Preparation is well advanced. The parties have filed and served briefs of evidence and, in all respects, matters appear ready for the Authority to consider. Against that background, M...

4. MFAT report Human Rights in NZ 2010 [pdf, 4.7 MB]

   Human Rights in New Zealand Ngä Tika Tangata O Aotearoa 2010 The plain English version of Article 1 of the Universal Declaration of Human Rights has been translated into the heritage languages of the five major population groups in New Zealand. They are Pakeha/European, Mäori, Samoan, Chinese, Indian. All human beings are born free and equal in dignity and rights. I te whänautanga mai ö te tangata, kähore he here, e örite ana töna tapu, töna mana, me

5. [2023] NZEnvC 271 One Tasman Development Limited Partnership [pdf, 412 KB]

   ...works involving excavation any kōiwi (human skeletal remains), ovenstones, worked stones, middens, charcoal or other Māori cultural material are unearthed, the consent holder must notify Iwi authorities to inspect the site. If as a result of this investigation there is a need for an appropriate ceremony the Iwi authorities’ representatives will arrange for that process at the consent holder’s expense. All materials discovered will be handled and removed by the Iwi authorities’ rep...

6. LCRO 145/2015 and 148/2015 YK v GS and GS v YK [pdf, 407 KB]

   ...and provided further correspondence on 20 January 2015 in which he amplified on his complaint. The substance of Mr GS’ complaint was that: (a) Mr YK had not kept him informed during the progressing of the case. (b) He had instructed Mr YK privately on the basis of assurances that he would get him off the charge. (c) Mr YK had advised him to plead guilty when he had no wish to do so (by electing to seek a sentence indication when he had not been instructed to do so). (d) H...

7. WQ Ltd v X Ltd & CG ta UQ [2021] NZDT 1429 (3 May 2021) [pdf, 218 KB]

   ...for XL did not submit that rust on the roof was normal for a vehicle such as the one sold. Is WQ a consumer under the CGA? CI0301_CIV_DCDT_Order Page 2 of 4 WQ purchased the car for the business. A car is ordinarily acquired for private use and the fact that it is purchased for commercial use does not exclude WQ from being a “consumer”. Therefore, CGA applies to the purchase of the Mazda by WQ for business use. Who was the “supplier”? 5. The vehic...

8. KB v KP [2023] NZDT 184 (13 June 2023) [pdf, 104 KB]

   ...then; d. U has explained to the Police that they have no desire to see the bike again and are happy for it to go to whomever it is decided is the rightful owner. 12. [City B] have confirmed in writing to the Tribunal that they have concluded their investigation into the burglary at U in 2020. 13. I note that the Police released the bike to KB in accordance with my order in January 2023 and I understand the bike is now at U in [Suburb]. 14. I am satisfied on the balance of prob...

9. B Ltd v NC [2024] NZDT 490 (31 May 2024) [pdf, 189 KB]

   ...appearance of authority can be created by maintaining a silence, or by failing to make known to the third party that the agent’s authority has been revoked. The scope of apparent authority is measured by the authority as it appears to others, and private limitations cannot affect the agent’s apparent authority. 5. B Ltd produced a document signed by NC certifying that BD had “full authority” to act on her behalf in relation to the Notice to Fix. It also produced an email from NC t...

10. NS v BX [2024] NZDT 787 (14 August 2024) [pdf, 193 KB]

    ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the pr...