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...before that Committee decided to undertake an investigation and during the course of the investigation), Mr Feschiev pointed out what he said were untrue statements, and set out what he said was evidence of the untruthfulness. In large part, his responses referred to email communications. 3 See Eichelbaum v Real Estate Agents Authority [2016] NZREADT 3. [62] We do not consider that we would be assisted by hearing oral cross-exam...
...on their land by engaging earthmoving contractors to do so and are, at least to some degree, left with the consequences where the material turns out not to be cleanfill. I note that while raising these concerns, Mr Noe did not seek to evade his responsibility for dealing with the material which, he readily accepted, should not be left as it is in these circumstances. There is a wider issue in relation to filling activities in the region which I expect the Council's compliance o...
...recyclable materials which in turn will assist with reasonably meeting the needs of future generations".4 [14] Following receipt of the 5 July consent memorandum the Court issued a Minute requesting further information on certain conditions. A response was provided by joint memorandum dated 26 August 2019. Consideration [15] In making this order the Court has read and considered the notice of appeal against the decision of the South Taranaki District Council to decline an a...
...financial position.27 g) Having regard to the findings of the Labour Court in Lawrence Publishing, it was not necessary to go behind the corporate veil, as had been requested by Mr Pelabon. In that particular case, the focus was on “who is responsible to carry out the act [the employer] had been ordered to perform?”.28 h) The Labour Court had found that the managing director of the employer company, and the holding company had complete control over the employer company. It...
...Hingston. At the hearing Mr Samuel Armstrong agreed that his s 173 application should be amended to a s 182 application for a combined partition and he noted that all family groups of all partitions were represented by those present. The surveyor responsible for the plan in support of the combined partition gave evidence that Henare Paraone II was not against the proposal but wished to be kept up to date. Mr Akanihi Paraone stated that he would do this. The matter was adjourned to Cha...
...Community water supply Means a water supply for the primary purpose of supplying drinking water to communities, that may also be used for industrial and business uses, and is for the purpose of enabling territorial authorities to meet their responsibilities for the supply of drinking water under the Health Act 1956 and the Local Government Act 2002. A community water supply serves 25 or more people for at least 60 days a year. D E E M E D W A T E R P E...
...Community water supply Means a water supply for the primary purpose of supplying drinking water to communities, that may also be used for industrial and business uses, and is for the purpose of enabling territorial authorities to meet their responsibilities for the supply of drinking water under the Health Act 1956 and the Local Government Act 2002. A community water supply serves 25 or more people for at least 60 days a year. D E E M E D W A T E R P E...
...principles of fairness, including in terms of what submitters and the parties were fairly informed could be the outcome of the process. In this case, another constraint is that any modification must remain within the Requiring Authority's financial responsibility. Again, the comments in Handley are obiter as the matter at issue between the parties primarily related to conditions. However, the Court's statement as to its understanding of the law is clear in every respect....
...parties to update it on what steps were necessary to progress the claim. Counsel for the plaintiff informed the Authority that it was seeking agreement on the use of certain documents with Dynaflow and would update the Authority once it had a response from Dynaflow’s solicitors. This was at a time prior to Dynaflow changing its solicitors. [15] On 9 February 2017, when no further progress had been reported to the Authority, it asked the parties if the file should be closed. Co...
...Acts, and characterised s 393 as a general provision, whereas she characterised s 34 of the Limitation Act 2010 as a specific provision.25 The specific provision was said to prevail under the canon generalia specialibus non derogant. [49] In response, Bell AJ noted that it was difficult to argue a statute represents a code when the enactment expressly provides that it may be overridden by other acts, noting s 33 of the Limitation Act 1950 and s 40 of the Limitation Act 2010.26 Be...