Search Results

1. MFE-Your-Guide-to-the-Environment-Court.pdf [pdf, 2.8 MB]

   ...sometimes seem impersonal and intimidating. The more you understand what is happening, the better your experience will be. Each court and judge has slightly different ways of organising appeals, holding hearings and exchanging evidence, and also different responses to tikanga Ma-ori. Make sure you understand any instructions about timetables, rules for exchange of evidence, and requirements for translators that you are given at mediation sessions, callovers and judicial conferences. These are...

2. [2021] NZEmpC 82 Barry v C I Builders Ltd [pdf, 279 KB]

   ...Mr Barry’s evidence, which I accept, was that he was working on average at least a 40-hour week for CIB over a three-year period; he had to travel into the city each day from Helensville (which he described as a 3 hour roundtrip); and he had responsibilities to his children during school holidays. The work that Mr Barry was doing for CIB was physical work. His trade was as an unqualified builder. While theoretically Mr Barry had available 24 hours a day, seven days a week to work...

3. Care of Children Applying for a Court Order guide [pdf, 3.9 MB]

   ...application An application that is given to the other person, who is given the chance to respond to the application before the court makes a decision. order The court’s decision. parenting order An order made by the Family Court that says who is responsible for day-to-day care and contact arrangements for a child. Parenting Through Separation (PTS) A free information course that helps separating or separated parents understand the effect of separation and how this affects their childr...

4. [2019] NZEnvC 152 Whangarei District Council v CPE Trustee Limited [pdf, 11 MB]

   ...have more individual effect. We have no evidence to establish to our satisfaction that this was the case. We suspect it is much more likely that the deterioration of the internal access road and potholes which have developed in Cowshed Lane are responsible for any increases in noise and vibration. Conclusion [72] Overall, however, we are satisfied that the effects are likely to be less than they were at the time the Quarry became an existing use activity and with proper management...

5. [2018] NZEmpC 147 Amcor Flexibles (NZ) Ltd v Gillan [pdf, 403 KB]

   ...alone around the printing machines including during breaks. It contained an instruction to him not to climb stairs leading to a platform above the 16S printer and proposed that procedures would be developed and finalised to address the company’s response to the seizures. [19] The plan required Mr Gillan to inform a co-worker when he had a warning of a seizure. He was then to be taken to the first aid room, to be checked, and for transport home to be arranged. [20] The plan...

6. Nicholas v Caudwell - Succession to Walker Whakaahua Kameta (2021) Chief Judges MB 1023 (2021 CJ 1023) [pdf, 325 KB]

   ...MB 51 - 60 (10 April 2008) and at 325 Rotorua MB 174 – 272 (11 April 2008) and adjourned to allow Counsel for the Nicholas Family to file further briefs from expert witnesses and Counsel for the applicant to file further briefs of evidence in response. 26. At 9 Conference MB 155 – 157 (23 September 2008) a further Judicial Conference was held, and the matter adjourned to allow Counsel for the Kameta whānau to file further briefs from expert witnesses. 27. The matter wa...

7. [2021] NZREADT 22 - Jenkins v The Real Estate Agents Authority, Roberts & Tai Rakena (14 May 2021) [pdf, 316 KB]

   ...that the licensees had failed to follow their instructions to disclose pending construction on the slab and the pending demolishing and rebuild of the villa. He also complained that the manager of the Agency, Mr Twiss, provided an unsatisfactory response to their complaint to the Agency. The Committee’s substantive decision [10] The Committee accepted the appellants’ evidence. It rejected the licensees’ contention that by signing “client warranties” in cl 13 of the lis...

8. [2022] NZEmpC 75 Tranzurban Hutt Valley Ltd v New Zealand Tramways and Public Passenger Transport Employees Union Wellington Inc [pdf, 314 KB]

   ...in the first instance. I express the provisional view that costs should follow the event on a 2B basis, but there may be costs not known to the Court which should be considered. Any necessary application should be made within 21 days, with a response given in a like period. B A Corkill Judge Judgment signed at 12.10 pm on 9 May 2022

9. [2022] NZIACDT 10 - BC v Lawlor (18 May 2022) [pdf, 192 KB]

   ...discussed the specific provisions of the long-term skills shortage list. The prejudice to the brother-in-law was exacerbated by Immigration NZ not being prepared to determine the application under a parallel category. (2) The lack of a formal response to the letter of 23 July 2019 from Immigration NZ was a breach of the due diligence obligation. (3) He did not advise the brother-in-law of his unlawful status as early as necessary. He should have been advised in September 2019....

10. Smith v Bristowe - Succession to Eruera Pereto [2023] Chief Judges Minute Book 39 (2023CJ 39) [pdf, 396 KB]

    ...submissions from the deceased’s nephews and nieces who requested an extension of time to investigate the matters raised by the application. On 8 December 2021 I directed that the descendants of the deceased had until 1 February 2022 to file written responses to the Court to investigate matters further.7 [9] On 31 November 2021 and 1 February 2022 the respondents filed submissions establishing that their positions remained in opposition to the application before the Court. [10] U...