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1. Canterbury Westland Standards Committee v Simes [2012] NZLCDT 28 [pdf, 216 KB]

   ...that showed Ms Simes had adopted a conscientious approach to ensuring proper administration of her practice while out of her office, overseas, for 14 days. That manner of administration had been known to the Standards Committee as part of its investigation into the complaint made, before charges were laid, it was said for Ms Simes. [21] It was also noted for Ms Simes that after hearing the charge involving an allegation of a breach of r 11, the Tribunal had found there was not s...

2. [2024] NZEnvC 048 KiwiRail Holdings Limited [pdf, 5.3 MB]

   ...require use of a pump, and alternative modes (evaporation and soakage) are not suitable given the low rate of evaporation and low soakage potential of the soil. No groundwater data is currently available to confirm soil storage capacity, but further investigation is ongoing. KiwiRail considers this work to be confirmatory – with no material changes expected. Ms Giborees considers that there are no significant adverse effects on the receiving environment. In her opinion, the...

3. Willowridge Developments Ltd & Remarkables Park Ltd - Claire Hunter - EIC - 25 February 2022 [pdf, 11 MB]

   Solicitor acting G M Todd / B B Gresson PO Box 124 Queenstown 9348 P: 03 441 2743 graeme@toddandwalker.com ben@toddandwalker.com Counsel instructed B J Matheson Richmond Chambers 33 Shortland Street Auckland 1140 matheson@richmondchambers.co.nz IN THE ENVIRONMENT COURT AT CHRISTCHURCH ENV-2020-CHC-128 I TE KŌTI TAIAO KI ŌTAUTAHI UNDER the Resource Management Act 1991 IN THE MATTER of a notice of motion under section 149T(2) of the Act

4. Nicholson v Pene - Tauakira No. 2M No.4 (2023) 477 Aotea MB 140 (477 AOT 140) [pdf, 442 KB]

   ...aside the Settlement Agreement reached at mediation? .............................................................................................. [15] He takawaenga matatapu rānei, nō roto o ngā whakaritenga o te Kooti rānei? – Was it a private mediation or part of the Court’s process? ...................................... [20] Kua puta he kirimana hei herea? – Is there a legally binding contract? ............. [42] Are the parties clear? [46] Did the parties intend...

5. Thompson & Ors v CAC 20006 & Adams [2013] NZREADT 65 [pdf, 90 KB]

   ...arranged for the properties’ listing to be immediately withdrawn and took the extra precaution of arranging for all branches to be notified by email. [14] On the same day, Mr Elton sought an explanation from the listing salesperson, Mr Law and investigated the matter. Mr Law explained to Mr Elton that Barfoot & Thompson had a signed agency agreement to sell two sections, described as 244A and 244B Blockhouse Bay Road (and not the home of Mr Adams which was at that time part of...

6. [2007] NZEmpC CC 26/07 Southern Local Government Officers Union Inc v Christchurch City Council [pdf, 74 KB]

   ...allowance, standby allowances (other than that specified in this variation), tea money, meal allowance, first aid allowance, qualification allowance, and overtime for call-outs whilst on standby. [7] The primary role of DCOs is to receive and investigate requests for service usually relating to dogs that are misbehaving, but occasionally they have to deal with wandering stock. Generally, after hours call-outs are in respect of “priority 1” matters where human safety is involv...

7. [2013] NZEmpC 56 Hamon v Coromandel Independent Living Trust [pdf, 132 KB]

   ...contained in the alleged blackmail threat should not have been raised at all and should not in any event have been pursued as they were irrelevant as to whether or not she was constructively dismissed. They were also held to be unnecessary to any investigation of the Authority concerning the remedies available to her in the event that she was found to have been constructively dismissed unjustifiably. [44] Whilst it would be ultimately for the trial Judge to consider the relevan...

8. FINAL-2021-Research-Memorandum-Witness-Familiarisation.pdf [pdf, 300 KB]

   ...& Proof 2017, Vol. 21(1-2) 158–168. 6 COMPARATIVE OVERSEAS PRACTICES United States 16. In the United States, preparing witnesses is considered part of a lawyer’s ethical obligation. The same intensity of preparation given to private witnesses is also provided to complainants in sex crime cases. Prosecutors routinely meet with complainants to explain court procedures, the respective roles of participants and the physical layout of the court:11 The sensitivity with...

9. [2022] NZEnvC 253 Tararua District Council v Manawatu-Whanganui Regional Council [pdf, 2 MB]

   ...and the register of certified changes to the OMP. ADVICE NOTE: For remedial actions to be undertaken an overview on timing of actions, including reference to appropriate Asset Management Plans is required. G16. The Consent Holder shall commence an investigation into alternative methods and treatment and discharge (Alternatives Investigation) on or before five years from the expiry of these consents (discharge permits). The Alternatives Investigation shall be undertaken in consultation...

10. [2009] NZEmpC AC 31/09 Ora Ltd v Kirkley [pdf, 80 KB]

    ...management team. In the first 18 months the plaintiff enrolled some 1,000 students. The student role started to drop off early in 2005. Towards the end of that year the managing director, Rob Pickstock, resigned to work on behalf of the group to investigate the Australian market. He took with him Nigel Lacey, then the plaintiff’s policy research and development manager, to assist him, but left behind a person he had appointed to the management team, Wayne Wild, who b...