Search Results

1. [2014] NZEmpC 129 NZ Post Primary Teachers’ Assoc v Secretary for Education [pdf, 69 KB]

   ...(by Judicial Settlement Conferences on 2 and 16 July 2014) Appearances: T Kennedy, counsel for the plaintiff J Holden, counsel for the first defendant R Hegarty, advocate for second defendant Judgment: 17 July 2014 CONSENT JUDGMENT OF JUDGE B A CORKILL [1] The plaintiff challenged a determination of the Employment Relations Authority (the Authority), wherein the Authority concluded that the 2011-2013 Secondary Teachers’ Collective Agreement does no...

2. Director of Proceedings v Aranui Home & Hospital [2012] NZHRRT 4 [pdf, 37 KB]

   ...necessary for the Tribunal to consider any other evidence for the purpose of making the declarations sought. 4. The defendant consents to the Tribunal making the above declarations based on the facts set out in the Agreed Summary of Facts. 5. In the Statement of Claim the plaintiff also sought the following relief: a. Damages pursuant to s 57(1)(b); b. Damages pursuant to s 57(1)(c); c. Damages pursuant to s 57(1)(d); d. Such other relief as the Tribunal thinks fit pursuant to s 54(1...

3. 09 March 2018 Gibson Waterfront Watch Incorporated v Wellington City Council [pdf, 213 KB]

   ...the case if the hearing time allocated by the Court is not used. 2. EVIDENCE The parties must (subject to any existing timetable order or direction of the Court): Exchange no later than 10 working days from the date of hearing - all statements and evidence that will be produced to the Court at the hearing. 3. MĀORI LANGUAGE AND SPECIAL REQUIREMENTS If any party or witness: 1. wishes to speak Māori at the hearing under the Māori Language Act 1987, or 2. has spec...

4. [2018] NZEnvC 056 Auckland Council v Auckland Council [pdf, 663 KB]

   ...consider such memoranda and make further directions. If necessary, a pre-hearing conference will be convened to address any issues. REASONS Introduction [1] The Auckland Council (through its Community Facilities department) applied for resource consent for works associated with a walkway on, and the protection of, the esplanade reserve which runs between Kohu Street and Marine View at Orewa Beach. This included the construction of a walkway, an adjacent sea wall and associated acc...

5. [2022] NZEnvC 001 Wellington Regional Council [pdf, 253 KB]

   ...Dawe's evidence, that the method proposed is appropriate. I "vill make a declaration accordingly. 7 Application ttnder s 293 [22] Section 293 RN1A relevantly provides: 293 Environment Court may order change to proposed policy statements and plans (1) After hearing an appeal against, or an inquiry into, the provisions of any proposed policy statement or plan that is before the Environment Court, the court may direct the local authority to- ( a) prepare changes to...

6. Hunstanton v Gretna LCRO 27 / 2010 (13 July 2010) [pdf, 126 KB]

   ...which had been provided to the parties. Ms Hunstanton sought a review of that decision. [2] The application for review raised a number of matters which were not specifically dealt with by the decision of the Committee including a failure to obtain consent of the beneficiaries to the deduction of fees, a failure to provide time records, a discrepancy between the time-costed amount and the amount of the final bill, and raising issues as to what work the bill covered and whether there...

7. Hunstanton v Cambourne and Chester LCRO 167 / 2009 (10 February 2010) [pdf, 71 KB]

   ...which had been provided to the parties. Ms Hunstanton sought a review of that decision. [2] The application for review raised a number of matters which were not specifically dealt with by the decision of the Committee including a failure to obtain consent of the beneficiaries to the deduction of fees, a failure to provide time records, a discrepancy between the time-costed amount and the amount of the final bill, and raising issues as to what work the bill covered and whether there...

8. Paterson v Whangarei District Council [2012] NZWHT Auckland 18 [pdf, 168 KB]

   ...been applied by looking at the top edge of these types of walls and then has to be satisfied as to the drainage. The drain layer would supply an as built plan to say he had put the drainage in correctly. Some councils were asking for producer statements around this time from drain layers. Page | 22 [70] Councils would check the steel in the block work before the concrete was poured. The concrete needed a reasonable time before any waterproofing was applied, and councils...

9. LCRO 118/2018 VT v MQ (18 March 2020) [pdf, 157 KB]

   ...outstanding fees before the file was uplifted. Further attempts to encourage Yelp to pay the outstanding balance came to naught, and in September 2016 Ms MQ’s firm commenced debt recovery proceedings in the District Court. [19] Yelp’s draft statement of defence was dated 14 November 2016, as was Mr VT’s complaint to the New Zealand Law Society (NZLS). Ms MQ’s firm suspended its debt recovery proceeding. The complaint and the Standards Committee decision [20] On the co...

10. Consistency with the New Zealand Bill of Rights Act 1990: Building and Construction (Small Stand-alone Dwellings) Amendment Bill [pdf, 212 KB]

    ...(right to civil litigation). Our analysis is set out below. The Bill 4. The Bill amends the Building Act 2004 (the principal Act) to permit the building of small stand-alone dwellings of up to 70 square metres without the need for a building consent. It also makes minor changes to occupational licensing regimes. 5. In order to be exempt from the need for a building consent, the dwelling must meet specified requirements and be built by appropriately qualified and licensed tradespeo...