Search Results

1. [2020] NZEmpC 18 Kenny Omen Ltd v Singh [pdf, 292 KB]

   ...seeking confirmation that the company was in liquidation and to ascertain the intention of the liquidators in relation to the proceeding. [7] The liquidators have responded confirming that the company remains in liquidation and that they do not consent to the litigation continuing, but they stopped short of withdrawing the proceeding.4 [8] Clearly the proceeding cannot continue given the liquidators’ response and the most appropriate course is for the proceeding to be stayed....

2. Appendix-9_Stuart-Farrant_s87F-Report_Operational-Stormwater-Management_28-April-2023.pdf [pdf, 238 KB]

   ...IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of applications by Waka Kotahi NZ Transport Agency (Waka Kotahi) to Manawatū-Whanganui Regional Council and Greater Wellington Regional Council for resource consents to enable the construction, operation and maintenance of new state highway, shared use path and associated infrastructure, between Taylors Road (to the north of Ōtaki) and Stage Highway 1 north of Levin. SECTION 87F REPO

3. Barfoot & Thompson v CAC 20003 [2014] NZREADT 48 [pdf, 51 KB]

   ...building inspection, finance, and Land Information Memorandum, from himself and/or nominee (Ms Barnett). This offer was countered verbally by the vendors at $370,000 and a purchase price of $368,000 was agreed. Mr Littler then produced a client consent form for Mr and Mrs Smith to sign. 3 [11] An independent valuation and builder’s inspection was completed on 8 June 2012. The valuation recommended a market price of $355,000 and the builder’s report revealed that the exter...

4. 2021-04-13 Heller 1 - ORC - Brief of Evidence of T B Heller dated 13 May 2020 [pdf, 404 KB]

   ...SRP-098608-67-197-V3 5. The applicant’s site (Clutha River/Mata-Au at Stirling) and generally the balance of the Clutha River catchment are very well known to me. I have dealt with many issues in the area as a consulting water and nutrient specialist for consent applicants and as a scientist on behalf of the ORC and the former Otago Catchment Board. 6. I prepared the resource consent application Assessment of Environmental Effects (AEE) technical report for the Clutha Di...

5. Cooper v Corrections [2019] NZHRRT 23 [pdf, 201 KB]

   ...would usually be created, recording that permission to contact the employer had been given. There was no such IOMS case note made in this case. In addition, the usual practice of Corrections was for probation officers to have offenders sign a “consent for exchange of information” form when they are authorising disclosure of their personal information which is then placed on the offender’s file. In his affidavit, Mr Tiatia stated that he is confident that he would have had Mr Coope...

6. LCDT Annual Report 2019 [pdf, 352 KB]

   ...charges, the practitioner’s right to silence may mean delay in hearing the latter. The Tribunal is always conscious that these are cases where a lawyer’s career (often lengthy) is at stake. On the other hand, we are mindful of the clear statements of the higher courts about expeditious disposition. In the Orlov1 decision, the Court emphasised the statutory objectives: “[166] As a legal practitioner, Mr Orlov is subject to his profession’s disciplinary regime. It e...

7. [2017] NZEmpC 113 Unite Union Inc v Restaurant Brands Ltd [pdf, 306 KB]

   ...Turning to the items in the table referred to at [9], the plaintiff submitted the defendant’s two briefs of evidence do not justify an allocation of two days in Band B for $4,460. On the same basis it was said that the relative simplicity of the statement of defence (referred to as a pro forma statement of defence) did not justify a 1.5 day allocation for $3,345. [28] I agree with Mr Cranney that uncritically applying each step in Category 2, Band B could produce an outcome tha...

8. FX v KQ [2023] NZDT 538 (29 September 2023) [pdf, 188 KB]

   ...7. However, on the issue of whether KQ obtained permission for the staff discounts, the evidence is contradictory. 8. On the one hand, FX produced documentary evidence of Meeting Notes of a meeting on Saturday 4 December 2021, which contain a statement that a 10% discount off injectables for friends and family were no longer offered, because a prescription drug could not be discounted. FX said this was circulated to all staff. FX said that if she was not willing to offer a 10% discoun...

9. [2012] NZEmpC 91 Ball v Healthcare of NZ Ltd [pdf, 132 KB]

   ...refers to the defendant being approached about the possibility of attending a further mediation. The defendant declined this invitation. [8] It is not in dispute that nothing further was heard from Ms Ball by the defendant until she filed her statement of problem in the Authority on 12 February 2010. However, on 13 October 2009, Ms Ball had approached the Mediation Service of the Department of Labour to discuss some issues she had with the way in which the February 2007 medi...

10. [2023] NZEmpC 102 van Kleef v Alliance Group Ltd [pdf, 273 KB]

    ...[20] At a further telephone directions conference on 26 October 2022, Ms van Kleef told the Court she required an extension of time to complete an analysis of documents which, by then, had been provided by Alliance, and to draft a third amended statement of claim. In doing so, she said there were a number of “incorrect documents” provided to her, which had impeded progress. [21] Mx Hornsby-Geluk said that the position was unsatisfactory. It was submitted that a timetable sh...