Search Results

1. [2014] NZEmpC 222 Selwyn Foundation v Nayathodan re-issued [pdf, 81 KB]

   ...challenge to the Authority’s substantive determination. It says that it is required to lodge its challenge within 28 days after the Authority’s determination was issued, pursuant to s 179(2). [8] Further, the plaintiff says that the time and resources of both parties, their witnesses, and the Authority may be wasted if the Authority proceeds to hear the merits of the defendant’s grievance and determines these, in the event that the Authority’s preliminary determination was...

2. Pilon v Iyengar and C&CDHB [2012] NZHRRT 9 [pdf, 56 KB]

   ...matter to the Director of Proceedings designated under the Act, on the basis that by then the first defendant was no longer practising obstetrics, and in any event that a contributory factor in what happened reflected shortcomings in the Board’s resources, for which the first defendant was not responsible. [8] On 13 November 2007 the then Director of Proceedings confirmed that she would not be taking the matter up in the Tribunal. [footnote citations omitted] The jurisdiction iss...

3. CAC20003 v Santipongchai [2015] NZREADT 11 [pdf, 177 KB]

   ...probably in a missionary manner in Thailand. He seems unsure whether he should seek to work again as a real estate salesperson to earn some money and be less of a burden to his family financially; also, by such work he could accumulate financial resources for religious missionary work; or whether he should simply leave the real estate industry and move into some other area of employment. [13] In any case, the defendant appeals to this Tribunal for mercy and adds “I know what I did...

4. [2014] NZEmpC 28 Harvery Norman v Boult [pdf, 51 KB]

   ...Friday 9 August 2013. The matter will then be decided on the papers. Any claim for costs will be addressed at the same time. [5] Mr Edwards then provided a memorandum of submissions and an affidavit of Ms Van Niekirk, the plaintiff’s Human Resources Manager, in support. Offer of settlement without prejudice as to costs [6] The defendant lodged his statement of problem with the Authority on 30 June 2011. The plaintiff has not provided a copy of that statement to the Court but Ms...

5. GB v PW LCRO 140/2012 (13 August 2014) [pdf, 142 KB]

   ...to comply with the Intervention Rule which Ms GB frankly admits. 11 Above n1, Rule 14.2(e). 7 [37] In the circumstances, it would not be an efficient use of the Standards Committee’s resources to refer the matter back, rather than conduct the review to its logical conclusion. Breach of Rule 14.4 [38] Ms GB’s breach of the Intervention Rule does not approach misconduct, but is clearly a breach of Rule 14, which is a p...

6. Te Runganga o Ngati Hine v Te Runanga a Iwi o Ngapuhi [2013] Māori Appellate Court MB 173 (2013 APPEAL 173) [pdf, 221 KB]

   ...application to this Court is misconceived. What is an appropriate quantum? [19] As foreshadowed, we consider it just in all the circumstances that an award of costs be made. It should reflect, at least in part, what TRAION has dedicated in terms of resources to the appeal process and the degree of its success. We further note that these proceedings involved counsel and were comprehensively pursued and contested, in a manner akin to civil litigation. In assessing the level of...

7. Austin & Ors v Houghton & Ors [2014] NZWHT Auckland 6 [pdf, 72 KB]

   ...[24] At the hearing Mr Houghton stated that he did not have the appropriate qualifications or trade skills to take responsibility for the remediation of the Austins’ roof and that the design and detailing of remedial work was beyond the resources of himself and Ikotec. 7 [25] Mr Houghton’s acceptance of a number of phone calls from Mr Austin between 2001 and 2004 does not create the requisite proximity. Neither does the sending out of General Manukau on one occa...

8. 29 Unit Owners in The Anchorage [2012] NZWHT Auckland 33 [pdf, 100 KB]

   ...[14] In considering whether the complex, or individual units within the complex, was intended to have as its principal use occupation as a private residence, it is necessary to look at the history of the development. When the application for resource consent was filed it was for an accommodation complex comprising a combination of visitor accommodation units and residential units. However, the building consent was to erect four levels of apartments over a full basement and car pa...

9. 2017 NZSSAA 034 (4 July 2017) [pdf, 115 KB]

   ...70(1)(b) of the Act for the Ministry to deduct any overseas payments that fall within the criteria of that section is consistent with the purpose of the Act, which is to provide financial support to people, taking into account that they use the resources available to them before seeking the financial support available under the Act.5 5 Social Security Act 1964 Section 1A(c). 7 [25] The appellants do not dispute that the Canada O...

10. CAC 306 v White [2016] NZREADT 38 [pdf, 154 KB]

    ...“like for like” manner in Jervoistown, and any such installation would be subject to the provisions of building and drainage standards enforced by the Napier City Council and the Hawkes Bay Regional Council. In his opinion a building permit and resource consent would be required. Having viewed the property, he had concluded that the tank was in good condition, however the effluent soakage trenches were not allowing the effluent to soak into the soil. [17] He further consi...