Search Results

1. [2019] NZEnvC 019 Willowridge Developments Limited v Queenstown Lakes District Council [pdf, 10 MB]

   ...memorandum dated 23 November 2018 with two options for conditions attached. The options were provided to the parties for review, the Queenstown Lakes District Council ("the Council") proposed changes to the conditions in Option 2 and no response was received by the Upper Clutha Environmental Society Incorporated. [4) The Council filed a memorandum dated 11 January 2019 suggesting a path forward for the resolution of the outstanding matters and clarifying its position. Th...

2. B R L v EQC & IAG New Zealand Ltd [2020] CEIT-2020-0051 [pdf, 934 KB]

   ...acting in bad faith and wonders whether the Cowies are seeking a large cash pay-out with which to build their dream house. The Cowies deny that, saying they are only interested in having their present home repaired. [7] Although all parties have responsibly attempted settlement on several occasions, the homeowners and their insurer are too far apart philosophically. This case has all the hallmarks 1 The Lincoln Food and Crop...

3. Tata v Katipa - Waiwhakaata 3E4C Lot 2A [2018] 170 Waikato Maniapoto MB 123 (170 WMN 123) [pdf, 692 KB]

   ...application seeking an injunction to freeze the Marae trust bank account, prevent an election of trustees from taking place and prevent persons not appointed by the Court from purporting to act as trustees (“the injunction application”).6 In response, Mrs Martin filed an application seeking to enforce the 3 22 Waikato Maniapoto MB 292-298 (22 WMN 292-298); 52 Waikato Maniapoto MB 41-42 (52 WMN 41-42). 4 A20130004406. The appli...

4. [2021] NZEmpC 217 Humphreys v Humphreys and Chief Executive of the Ministry of Health [pdf, 368 KB]

   ...person who lacks capacity] is that the employment relationship is personal in nature.27 An employer can, and often does, obtain assistance in discharging some of its tasks, for example, payroll. Employers cannot, however, devolve their ultimate responsibility for discharging their obligations; nor can employees. If it were otherwise it would be a simple matter for both parties to pass the buck, and seek to take the benefits of the relationship while minimising exposure to legal risk....

5. [2021] NZEnvC 106 Rangitane o Tamaki Nui a Rua Incorporated v Manawatu-Wanganui Regional Council [pdf, 861 KB]

   ...and that the Regional Council should provide a justification of costs and benefits if it requires condition W 24 to remain, and also to provide a final set of conditions in consultation with TDC.1 [2] In our second Interim Decision we considered responses to our first Interim Decision. We considered draft SIN reduction conditions (conditions DL 10F and DL 10G) and directed the Councils to consult to finalise those conditions. We directed a new condition G 2A be included. We direc...

6. [2022] NZEmpC 118 New Zealand Post Primary Teachers’ Association v Board of Trustees for Rodney College [pdf, 519 KB]

   ...Deputy and Assistant Principals and other Unit Holders) Collective Employment Contract which stated:7 2.9 Hours of Work/Leave 2.9.1 Employees shall work such hours as may be reasonably required of them to enable them to properly fulfil their responsibilities as teachers whether or not such hours exceed 40 hours per week. The normal hours of work for employees should as far as practicable however not exceed 40 hours per week Monday to Friday. 2.9.2 It is acknowledged that em...

7. LCRO 122/2020 G & P LN v Todd Whitcombe and RC findings & publication decisions (4 May 2021 & 22 June 2021) [pdf, 397 KB]

   ...that “if the LNs obtained a conditional sale of their property prior to the Settlement Notice Enforcement Date of Monday 22 January 2018” his clients 8 There seems to be some divergence between what Mr RC was seeking, and Mr Whitcombe’s responses. Mr RC refers to deferring settlement, while Mr Whitcombe refers to deferring service of the settlement notice. It is not clear if the LNs were advised of this, and/or understood the differences. 7 were agreeable to amending t...

8. LCRO 2011 Annual Report [pdf, 919 KB]

   ...purchasers had made with regards to resolving the access, and any other relevant information. Complaints [8] Complaints about the Practitioner were eventually filed by ZO on behalf of ZN, driven by her dissatisfaction with the Practitioner’s response (or lack of response) to those enquiries. The main two complaints were (a) unauthorised withholding of $20,000, and (b) conflict of interest. The outcome sought was payment of the $20,000 to ZN, and compensation for the legal fees paid...

9. 2021-08-09 ORC - Joint MOC - in response to Courts Minute of 23 July 2021 [pdf, 105 KB]

   BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV:2020-CHC-127 In the Matter of the Resource Management Act 1991 And a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago. Between OTAGO REGIONAL COUNCIL Applicant And THE TERRITORAL AUTHORITIES Section 274 Party JOINT MEMORANDUM OF COUNSEL REGARDING COURT MINUTE DATED 9 AUGUST 2021 GALLAWAY COOK ALLAN LAWYERS DUNEDIN

10. 300622-UPDATE-Coroner-Windley-on-masjidain-attack-coronial-inquiry-First-Phase-inquest.pdf [pdf, 131 KB]

    ...coronial inquiry. That decision confirmed that, as part of the inquiry, an inquest hearing (now referred to as the “First Phase Inquest”) would be convened to hear evidence in relation to the issues about the attack itself and the emergency response, including the initial investigative response, along with the issue of survivability (issues 1-9 inclusive as set out in Appendix A to the scope decision). As I also said in the scope decision, I have yet to decide whether the i...