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1. [2014] NZEmpC 180 Snowdon v Radio New Zealand Ltd [pdf, 171 KB]

   ...offer to settle matters between the parties". Mr Quigg referred to the principles relating to Calderbank offers recently considered by this Court in Gini v Literacy Training Ltd. 10 [19] Counsel also referred to the call for a steely response by the Courts where plaintiffs do not beat Calderbank offers which was emphasised by the Court of Appeal in Health Waikato Ltd v Elmsly 11 and Bluestar Print Group (NZ) Ltd v Mitchell. 12 [20] Mr Quigg emphasised that it was u...

2. Rafiq v Civil Aviation Authority [2013] NZHRRT 10 [pdf, 132 KB]

   ...which match up with Ray and Rafiq and all the other details”. He also showed to Ms Jubeda Khan the birth certificate provided by Mr Rafiq. He read out an extract from a letter from Mr Rafiq in which he (Mr Rafiq) referred to his brother being responsible for the traffic convictions. He did this to more effectively question Ms Jubeda Khan about the alleged twin brother and Mr Rafiq’s claim that it was this twin brother who was responsible for the various matters then the subject of...

3. VAN DER PASCH Willem Lambertus (CSU 2011 HAM 000424) [pdf, 215 KB]

   ...only viable option. [98] Part of their philosophy is not to coerce safer quad bike use by way of enforcement only. They rather encourage individuals to empower themselves to take personal accountability for their actions and those who they are responsible for. Therefore, the emphasis is on greater personal accountability for quad bike users. [99] MBIE have been proactive in developing programmes to reduce fatalities and injuries overall. [100] Evidence from ACC also showed th...

4. [2017] NZEnvC 209 Auckland Council v London Pacific Family Trust [pdf, 1.1 MB]

   ...the correct interpretation to be applied. We were also told by counsel for the respondent, Mr Webb, that the application was to some extent prompted by a suggestion he made to the Council on behalf of his client. We commend the Council for the responsible and constructive course it has pursued. Transcript, p 126, and emailed to the Court following closing submissions. Noted to be "as amended from the version set out at paragraph 2.18 of the submissions for the HC Trust, The alle...

5. Director of Human Rights Proceedings v Attorney-General [2020] NZHRRT 45 [pdf, 626 KB]

   ...Police vetting service and the consequences flowing from it. Police vetting was crucial to Mr Smith’s continued employment. The Police were aware of the importance of their report in this context. Pursuant to the Defence Act 1990, NZDF had the responsibility to ensure the safety of personnel at its bases. This is an important responsibility. The evidence of the Attorney- General’s witnesses Mr Sadd, Superintendent Trappitt and Inspector Green, given in cross-examination, was that...

6. [2019] NZEnvC 039 New Zealand Association of Radio Transmitters Incorporated v Kapiti Coast District Council [pdf, 611 KB]

   ...advised that she supported a number of the amendments being sought by the Appellants to the decisions version of the PDP which she had consolidated into an updated set of permitted activity standards attached at Appendix D of her evidence. Later, in response to a pre-hearing request from the Court for clarification on some aspects of these permitted activity standards, the Council provided a further version of the standards annotated as Appendix A which it attached to its 29 January...

7. [2020] NZEnvC 204 Royal Forest and Bird Protection Society of New Zealand Incorporated v Auckland Council [pdf, 4 MB]

   ...articulated in the Pest Management Plan of Action 2011 and adopted by Cabinet and Regional Council Chief Executives as a matter of policy). Broadly speaking, as with other aspects of pest management under the Biosecurity Act, central government is responsible for preventing the establishment of pests new to Aotearoa / New Zealand, including through developing eradication programmes if J!l~se pests are detected, and will be the lead agency in implementing these programmes. Additiona...

8. Naera v Fenwick - Whakapoungakau 24 (2019) 217 Waiariki MB 85 (217 WAR 85) [pdf, 536 KB]

   ...to the discovery orders against the latter. The 2016 judgment distinguished between the trust and the company and made different orders against each of them. There is no basis for treating the company and the trust as one, or for the trust to be responsible for orders against the company. [30] Mr Chesterman contended that the Court can only invoke its jurisdiction to make orders against non-parties if it first gives them notice and an opportunity to be heard. There is no procedu...

9. Willowridge Developments Ltd & Remarkables Park Ltd - Quinn McEntyre - EIC - 25 February 2022 [pdf, 446 KB]

   ...notification to Consent Authority” condition. Ms Heather also refers to “…the nomination of an Environmental Representative” in her evidence when discussing difficulties in obtaining access to site emergency contacts. However, the purpose and responsibilities of this role is not explained by ORC. It appears to me that the Environmental Representative role as it relates to ORC may not be the same key role that the QLDC condition requires. [16] Both councils impose an enviro...

10. [2021] NZEmpC 199 Lawton v Steel Pencil Holdings Ltd [pdf, 415 KB]

    ...employee. Section 83(3) is to similar effect with respect to claims under that Act. The wording of both provisions is permissive, as opposed to mandatory. The circumstances of the case need to be considered. Here, as managing director of SPHL and responsible for it and SP Philippines’ operations in the Philippines, Mr Lawton was responsible for maintaining the annual leave records insofar as they applied to him. It would be perverse to sheet home to SPHL the consequences of M...