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  1. [2015] NZEmpC 214 Goel v Director-General for Primary Industries [pdf, 135 KB]

    ...[11] Mr Goel said in evidence that he received good performance reviews throughout his two years of service. His last report, for July 2012, was produced. In answer to a question from the Court, Mr Luke Southorn, MPI's Director of Human Resources (HR), summarised the report as indicating, "somebody who is making good progress, having not yet reached what I'd call performing the role to the full requirements of the job." [12] In his evidence, Mr Stewart noted...

  2. Coote - Estate of Shirley Dawn Quinn (2013) 2013 Chief Judge's MB 1018 (2013 CJ 1018) [pdf, 228 KB]

    ...not as a place of occupation but as a food source; the regulations dating back to 1912 limiting harvesting to descendants of the original owners; the general acceptance of regulations governing harvesting possibly based on customs to protect the resource; the importance of the resource and therefore the need to limit and guard the rights to it. 37. On the other hand there may be decisions and practices of the Court or other legislation which impact on the application of custom. A...

  3. Bhana v Paniora - Wairau North 1B2C (2013) 69 Taitokerau 139 (69 TTK 139) [pdf, 155 KB]

    ...Barbara Bhana needs to clarify what the Far North District Council’s minimum site area requirements are for an occupation order. I understand that ordinarily it is 3000m². However, David Bhana said that they were told that 1500m² was sufficient if resource consent is obtained. In addition, once these two matters are clarified it may be helpful for the Court to commission a surveyor to prepare a scheme plan showing the house in relation to the features on the north-western severance...

  4. [2014] NZEmpC 224 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 167 KB]

    ...phones” and the defendant’s “telephone system” be searched. [50] The defendant’s Mr Kochery gives evidence of conducting forensic computer searches on LSG’s computer systems from about mid-July 2014 at the request of LSG’s Human Resources Manager, Marie Park. Mr Kochery says that he searched “the entire LSG server” and “the individual computers (local drives) and emails of the named individuals in the [original] notice requiring disclosure dated 28 May 2014....

  5. Naera v Fenwick - Whakapoungakau 24 Block (2011) 34 Waiariki MB 151 (34 WAR 151) [pdf, 193 KB]

    ...foreshadowed, is simply taking a further step towards the implementation of the TPA. Even then, that agreement is a considerable distance from being fully implemented through the commissioning and operation of the geothermal power station, with the resource consent process providing an onerous set of hurdles to overcome. [74] The short point is that, given the current status of the appeal proceedings, the many challenges that must be overcome to effect the TPA, the fact that the...

  6. ENVC Hearing 27Jul15 WML suppl rebuttal Maxwell Dunn [pdf, 962 KB]

    1 Before the Environment Court at Auckland ENV-2013-AKL-000174 In the Matter of the Resource Management Act 1991 And In the Matter of a Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Supplementary Rebuttal Evidence of Maxwell Joseph Dunn on behalf of Waiheke Marinas Ltd Dated 13 July 2015...

  7. Haupini v SRCC Holdings Ltd (Application by Defendant for Costs) [2013] NZHRRT 23 [pdf, 104 KB]

    ...Director [46] While the Director is not immune from an adverse award of costs (see s 92C(4) of the Act) the fact that the Director has an important role in facilitating access to human rights protection in New Zealand, is publicly funded and has limited resources are all highly relevant factors in the assessment of costs. See IDEA Services Ltd v Attorney- General (No. 3) [2011] NZHRRT 21 (28 September 2011) at [76] [d]. On appeal in Attorney-General v IDEA Services Ltd (In Statutory Man...

  8. Colmore v ACC 2014 NZACA 19 [pdf, 82 KB]

    ...where, “for any ... reason”, there is a question which ought to be submitted to the High Court, including by reason of its general or public importance. [42] In exercising its discretion, the Authority is mindful of the proper use of the scarce resources of the High Court. Leave is not given as a matter of course; O’Neill at [25]. [43] Such an applicant seeks an indulgence, so the onus rests on him or her to 9 satisfy the Authority that, in all the circumstances, t...

  9. Manning - Kirikiri Pawhaoa B2A1 [2011] Maori Appellate Court MB 215 (2011 APPEAL 215) [pdf, 204 KB]

    ...Daphne, a deceased daughter of the testatrix. [7] The property is a beachfront property at Bland Bay south of the Bay of Islands containing 3755 square metres. Evidence has been presented that Mr Manning no longer has the energy or financial resources to keep the land and improvements in good order. He has moved to a smaller property in Whangarei but still spends two or three days a week at Bland Bay looking after the property. [8] The evidence indicates that none of the other b...

  10. Robinson Family Trust v Auckland Council [2012] NZWHT Auckland 8 [pdf, 203 KB]

    ...the claimants discontinued their claim against K & L Construction Limited because, whilst that company was clearly once a property development company; the only evidence of the involvement of the company is its name on an application for resource consent to subdivide the land. [14] Louisa and her estranged husband acquired ownership of the property in the spring of 1999. She mentioned that she had separated from her husband, the fourth respondent, Xin Liu sometime duri...