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1. [2022] NZEmpC 101 UXK v Talent Propeller Ltd [pdf, 357 KB]

   ...considered. Background [8] In February 2020, Talent terminated UXK’s employment following its conclusion she had engaged in serious misconduct. It was of the view that she had: (a) altered the contents of her employment agreement without consent; and/or (b) produced an email in a disciplinary meeting that she had falsified or forged. [9] Talent brought penalty proceedings against her for breaching the terms of the individual employment agreement; the Author...

2. Hull v CAC307 & Anor [2016] NZREADT 13 [pdf, 208 KB]

   ...Authority that the licensee had removed a clause from the sale and purchase agreement without consultation with the complainant and did not alert the complainant that this change had been made. More precisely, the deletion was to an attached form 2 consent document provided for in s 134 of the Real Estate Agents Act 2008. The complainant also alleged that the licensee took at least seven days to send the final agreement for sale and purchase to him and obtained an agent friendly valuati...

3. ENVC Hearing 6Oct14 WML rebuttal Mark Poynter [pdf, 1.2 MB]

   ...Waiheke Marinas Ltd Dated 19 September 2014 2 Waiheke Rebuttal Poynter 19092014 Introduction 1. My name is Mark Raymond Poynter. I have the qualifications and experience set out in my evidence-in-chief. 2. This statement of rebuttal evidence has been prepared in accordance with the Code of Conduct for Expert Witnesses. 3. This statement of rebuttal evidence responds to matters covered in the evidence of the following witnesses: a. Dr Kala Sivag...

4. Clearwater Cove Apartments Body Corporate 170989 v Auckland Council [2011] NZWHT Auckland 39 [pdf, 389 KB]

   ...conflict for the Trust in being both claimant and respondent was exacerbated at hearing by the manner in which these parties presented their case. When the Trust was joined as a respondent it was represented by David Smyth. Mr Smyth filed a Statement of Defence for the Trust on 27 September 2010 submitting that Fletcher‘s and not the Trust was the developer. Shortly before the hearing Mr Smyth advised he was withdrawing as a result of a conflict. [16] The Trust was repre...

5. Andrew Michael Collins - Evidence in Chief [pdf, 1.4 MB]

   ...and private sector, mainly the latter. I am a full member of the New Zealand Planning Institute and also a Member of the Resource Management Law Association of New Zealand. 1.3 During my career, I have been involved in a large number of resource consent, designation, and plan making processes relating t o both district and regional issues, and as a result have been involved in many local authority and Environment Court hearings. In my current role as General Manager Planning for Harrison...

6. [2024] NZEnvC 107 Royal Forest and Bird Protection Society of New Zealand Incorporated v Waipa District Council [pdf, 1.3 MB]

   ...Applicants Court: Environment Judge S M Tepania sitting alone under s 279 of the Act Last case event: 1 May 2024 Date of Order: 10 May 2024 Date of Issue: 10 May 2024 _________________________________________________________________ CONSENT ORDER _________________________________________________________________ 2 A: Under section 279(1)(b) of the Resource Management Act 1991 (RMA), the Environment Court, by consent, orders that: (1) The Waipā District Plan i...

7. Bright v MacKereth (Referral back to Human Rights Commission) [2016] NZHRRT 24 [pdf, 41 KB]

   ...Human Rights Commission) [2016] NZHRRT 24] 2 Introduction [1] On 24 January 2013 the Human Rights Commission convened a mediation involving the parties to these proceedings but unfortunately the complaint was not resolved. [2] By subsequent statement of claim filed on 20 July 2015 Ms Bright has complained of indirect discrimination and victimisation, relying on the non-discrimination provisions of the Human Rights Act 1993, particularly ss 22, 65 and 66. [3] In a statement of...

8. Affidavit in support of application for property order [pdf, 110 KB]

   ...acknowledge that I will regularly consult with the person’s duly approved welfare guardian (where appointed) if it is someone other than me (s.43(6)). 10 20. I confirm that I am aware of my responsibility to prepare and file in the Court statements containing prescribed particulars as referred to in s.45 in the Act as to the person’s property as follows: • within 3 months of the date of the order; • within 30 days following the expiry of each year during which my m...

9. [2024] NZEnvC 175 Zant v Central Hawke's Bay District Council [pdf, 245 KB]

   ...Council, its ratepayers, and other parties who have participated in the appeal process in good faith. Relevant law [7] Clauses 14(1) and (2) of Schedule 1 to the Act relevantly provide: (1) A person who made a submission on a proposed policy statement or plan may appeal to the Environment Court in respect of— (a) a provision included in the proposed policy statement or plan; … (2) However, a person may appeal under subclause (1) only if— (a) the person referred to the pro...

10. FT v O Ltd [2024] NZDT 693 (20 August 2024) [pdf, 132 KB]

    ...She says she has not been paid her share of the commission due on the sale of [address]. 2. SI, the director of O Ltd, advised the Tribunal she would not attend the hearing, but she did provide a response to FT’s claim together with two witness statements. The absence of a party does not prevent the hearing from going ahead, and the evidence provided by O Ltd has been taken into account. Background 3. FT signed the contract in June 2023, to commence on 6 July. At the time, the pri...