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1. Hartley v Balemi [pdf, 401 KB]

   ...Mr Balemi supervised the construction of the house and made several key decisions that appear to have led directly to the problems that are the subject of this adjudication. The Owners claim that Balemi & Balemi Ltd built the house, and is responsible for the defects that caused the leaks. They claim that Mr Balemi has a personal liability for the claims made against his company. I will need to determine the claims against both Mr Balemi and Balemi & Balemi Ltd, but unt...

2. [2007] NZEmpC AC 39A/07 Toll NZ Consolidated Ltd v Rowe [pdf, 102 KB]

   ...1992. In addition, Toll, in conjunction with the RMTU and ACC, has specific responsibilities to protect its employees from harm. One of these is the adoption of return to work procedures under its injury management programme. [74] The primary responsibility for initiating a return to work process lies with the Toll manager. In Mr Rowe’s case this was Mr Judd. Mr Judd was not entirely clear about his obligations. He said that if there was going to be a return to work meeting...

3. [2020] NZEmpC 109 McCook v Chief Executive of the Inland Revenue Department [pdf, 333 KB]

   ...It is also because, unlike the trial, there is little or no independent supervision by a Judge of what is to be disclosed and what is to be withheld unless, of course, there is a formal challenge to disclosure as here. Counsel is, ultimately, responsible for the conduct of the litigation and cannot delegate important aspects of that to someone who ... has no accountability to the Court for the discharge of legal professional duties.15 [53] At the resumed hearing, Mr Cranney repea...

4. Young-Adult-List-Operating-Guidelines2.pdf [pdf, 5.8 MB]

   ...adult can receive assessments, support, and services. When setting the structure of the Young Adult List, consideration should be given to accommodating time in the list for this approach. Remote Appearances As a result of the COVID pandemic response, it may be necessary for the Court to conduct some appearances remotely. Participants scheduled to appear in the Young Adult List should be prioritised, where practicable, for in person appearances at court. This is to ensure they can...

5. Young-Adult-List-Operating-Guidelines.pdf [pdf, 5.8 MB]

   ...adult can receive assessments, support, and services. When setting the structure of the Young Adult List, consideration should be given to accommodating time in the list for this approach. Remote Appearances As a result of the COVID pandemic response, it may be necessary for the Court to conduct some appearances remotely. Participants scheduled to appear in the Young Adult List should be prioritised, where practicable, for in person appearances at court. This is to ensure they can...

6. 2023-08-101114-O2NL-JWS-Planning.pdf [pdf, 1.9 MB]

   ...(SK), Quentin Parr (QP) Issue Agreed Position Disagreements or reservations, with reasons 1. Status of the CEDF All agree that DTW5 requires the project to be consistent with chapter 3 of the CEDF (October 2022) with reference to the design responses in chapter 4 through the process of auditing also set out in chapter 4. The effect of this is to lock in the requirements for design principles in chapter 3 and lock in the audit process against chapter 4 of the CEDF, in the designati...

7. Report of the NZ Prostitution Law Committee 2008 [pdf, 642 KB]

   ...meet the needs of the individual worker. • Sex workers who do not wish to leave the industry should also be offered support and advice from NGOs. Provision of advice and information on health and safety, professional best practice, rights and responsibilities and available government services should be available to all sex workers. The Brothel Operator Certification System (Chapter 6) • The current certification system be maintained, but the PRA be amended to extend the perio...

8. Henton v REAA, Max House & Barfoot & Thompson Ltd [2013] NZREADT 18 [pdf, 115 KB]

   ...a two metre high acoustic fence on the boundary, to which some neighbours had objected. The message concluded with an invitation that the purchasers contact them to discuss 4 alternative options and in light of pressing timeframes, sought a response from the purchasers by 10.00 am the following day. [12] Ms Wallace forwarded the email message to the purchasers who then expressed concerns and purported to cancel the agreement for sale and purchase in terms of an exchange of solic...

9. Morgan v CAC 20003 [2014] NZREADT 14 [pdf, 209 KB]

   ...any other failure to observe the rules of natural justice. [35] Prior to the Committee's decision to lay a charge, it provided Mr Morgan with detailed information received from PGG Wrightson and obtained during its own investigation. In response, it received lengthy correspondence and submissions on behalf of Mr Morgan, including: (a) A copy of a letter to PGG Wrightson dated 1 October 2012; (b) A letter to the Authority dated 23 October 2012; (c) A letter to the Aut...

10. Milligan v Robert Brown Developments Ltd [pdf, 133 KB]

    ...4 historic building at 25 Peterborough Street, Christchurch, into apartments, including the construction of the Claimant’s unit, No.36. [6] The Fourth respondent, Christchurch City Council, (“the Council”) was the Local Authority responsible for issuing the Building Consent and Code Compliance Certificate (“CCC”) for the demolition, renovation and reconstruction work at 25 Peterborough Street, Christchurch. MATERIAL FACTS [7] Distilling the situation as b...