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1. CAC 10054 v Hume [2013] NZREADT 91 [pdf, 252 KB]

   ...A week later Steve and I shook hands like men do and moved on. Charge 2: A phone call to Ms X followed by another 5 minutes later to apologise. She also did not make a complaint but again the REAA were sent in her direction. This call was not responsible for her heart condition as claimed by Mr Clancy and reported in the paper. There is no medical evidence to support this and it is a well known fact that since that Anne has undergone extensive ... surgery which would have been unlik...

2. Wall v Karaitiana - Tauhara Middle 15 (2011) 38 Waiariki MB 218 (38 WAR 218) [pdf, 210 KB]

   ...Second Respondents [67] The interim trustees oppose the submission of counsel for the applicants that their authority be limited to day to day administration. While they may be referred to as interim trustees, nonetheless, counsel argued, they are responsible trustees per s 220 of the Act. The Court of Appeal did not constrain their authority with reference to a “caretaker administration” or order that their powers should be curtailed. They are the trustees, counsel argued, a...

3. CAC10027 v Brankin [2013] NZREADT 32 [pdf, 121 KB]

   ...defendant accepts that he advised that to Ms Smith. There seems to be no dispute that there were a number of prospective clients who refused to deal with Ms Smith. The issue for us is whether advising Ms Smith of that was a necessary and reasonable response by the defendant in trying to manage a real estate agent under his immediate responsibility. Mr McCall particularly referred to s.50 of the Act which requires a manager to “properly supervise and manage” an agent to ensure “th...

4. Heta v Ministry of Social Development [2013] NZHRRT 8 [pdf, 117 KB]

   ...aware, following the interviews with the investigator, that immigration matters were of interest to the Ministry along with domestic affairs and that a broad range of information was sought. [30.3] Ms Heta had provided insufficient information in response to the Ministry’s request for documentation. Consequently it was necessary for the Ministry to write directly to all of the agencies nominated by the Ministry to request information about Ms Heta. [30.4] But for an administrative e...

5. [2015] NZEmpC 76 Sealord Group Ltd v Pickering [pdf, 192 KB]

   ...bosun on a fishing vessel, the FV Will Watch (Will Watch), which operated out of Mauritius in the Indian Ocean. The plaintiff, Sealord Group Limited (Sealord) was, and still is, directly involved in the administration of the Will Watch and is responsible for the recruitment and management of its New Zealand sourced crew. [2] It is common ground that on his first voyage on the Will Watch between 21 January and the end of April 2007, Mr Pickering was a Sealord employee working under...

6. Tane v Tanetinorau Opataia Whanau Trust - Hauturu East 7 [2013] Chief Judge's MB 119 (2013 CJ 119) [pdf, 673 KB]

   ...been adversely affected or that it is in the interests of justice to cancel or amend the orders. [32] The hearing was adjourned for the applicant to engage legal counsel. 23 112 OT 154-156. 2013 Chief Judge's MB 127 The applicant's response [33] Mr Catran was engaged as counsel for the applicant. He notes in his submission that because of time constraints, he was not able to carry out independent research. Counsel submits that the application is based on the assumpti...

7. BORA Evidence Bill [pdf, 406 KB]

   ...elects to give evidence the element of compulsion required for a breach of s25(d) is absent. Availability of the privilege in respect of pre-existing documents 45. The current position at common law is that the privilege can be claimed in response to demands for the production of documents.[20] Clause 56 would remove the privilege in respect of documents already existing at the time the information is requested. 46. The rights in s23 of the BORA do not extend to the production...

8. 2020-AKL-084 Fonterra Limited v Waikato Regional Council [pdf, 382 KB]

   ...provisions in their current form will successfully achieve that first step. 7. Fonterra says that any failure of PC 1 to achieve its objectives will not only risk failing to achieve the ultimate objective, but it will require a future planning response that must make up for the ground lost because of PC 1’s failure. Any such future response will need to be considerably more stringent and it will have a substantially greater impact on the social and economic wellbeing of the...

9. 2021-03-11 Nga Runanga - opening submissions [pdf, 443 KB]

   ...would essentially enable the assessment of applications and the issuing of resource consents subject to conditions for a short duration, during which time a new regional planning framework will be prepared. The PC7 framework is consistent with the response of the Minister for the Environment to the Skelton Report.4 It is intended to be largely “procedural” rather than substantive in nature. Unlike recent planning processes in neighbouring regions, PC7 is genuinely about “hol...

10. [2019] NZEnvC 167 Western Bay of Plenty District Council v Bay of Plenty Regional Council [pdf, 13 MB]

    ...item ONFL 5 - Te Ure Kati Kati (Matakana barrier arm) for inclusion in Schedule 3 - Outstanding Natural Features and Landscapes in the Coastal Environment to the Proposed Regional Coastal Environment Plan (the Schedule item). We directed that any response by any party to that proposed version was to be filed and served by 5 July 2019. [2] A joint memorandum of counsel for the appellant and the respondent (the Councils) dated 5 July 2019 was filed and served that day. [3] Counsel f...