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1. [2012] NZEmpC 112 Idea Services Ltd v Barker [pdf, 143 KB]

   ...found 3 that Ms Barker could have raised a personal grievance verbally on 17 September 2010 because her dismissal was effective from that date but that she had failed to adequately particularise her grievance at the meeting. It found that the statement that Ms Barker would be bringing a grievance was insufficient, as it did not serve to make her employer sufficiently aware of the nature of the grievance or the remedies for resolving the grievance in terms of s 114(2). [9] The Au...

2. [2007] NZEmpC CC 7/07 Rooney Earthmoving Ltd v McTague and anor [pdf, 85 KB]

   ...therefore dismissed. The 28-day period within which REL was entitled to challenge the Authority’s determination expired on 14 December 2006. This application was made to the Court on 18 December 2006 and was accompanied by an affidavit and a draft statement of claim. The intended challenge was, therefore, 4 days out of time, or, excluding a weekend, 2 working days. [4] Although this is not the briefest application for leave to challenge out of time considered by me, the oppo...

3. LCRO 180/2018 & 186/2018 KM on behalf of XYZ Trust v DF (5 May 2020) [pdf, 159 KB]

   ...adjoined a reserve on which the [City B] City Council had undertaken work which, the Trust claimed, had caused subsidence, or ‘land creep’, causing damage to buildings constructed on the land. [5] On 11 February 2015, the Court made orders2 by consent requiring the Trust “to file and serve an amended statement of claim incorporating the further particulars sought by the Council” and “both parties to file and serve verified lists of documents”. The orders were to be comp...

4. ENVC Hearing 6Oct14 DM expert Nigel Drake [pdf, 873 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER of a notice of motion under section 87G of the Resource Management Act 1991 (Act) requesting the granting of resource consents to Waiheke Marinas Limited to establish and operate a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf ENV-2013-AKL-000174 STATEMENT OF EVIDENCE OF NIGEL FRANCIS DRAKE, NAVIGATION SAFETY, ON BEHALF OF DIRECTION MATIATIA INCORPORATED AND OTHERS 28 July 2014

5. [2020] NZEnvC 181 BW Offshore Singapore Pte Ltd v Environmental Protection Authority.pdf [pdf, 1.4 MB]

   ...which in the opinion of the warranted enforcement officer, contravenes or is likely to contravene, sections 22(a), 22(b), 22(c ), 22(f) and 24(a) of the Act due to the lack of any existing lawful authority under the Act, any regulations or a marine consent. 6 [20] A copy of AN003 is attached (Attachment A). Similarly, AN004 requires the company to stop, or prohibits it from starting, unauthorised alteration of structures, submarine pipelines and submarine cables within the TUI Fiel...

6. CAC20003 v Sue [2015] NZREADT 87 [pdf, 180 KB]

   ...of money was owed to the complainants and funds were available to him to make payment. It is put that on 28 February 2013, the defendant had a balance of $15,730.60 in the account into which rental payments were paid. We were provided with bank statements in that respect. [14] It is submitted that, in a situation where clients sought payment of monies owing to them, and those requests were ignored, the defendant’s conduct goes further than business incompetence as claimed by him.

7. Hines v Attorney-General (Application to Remove Proceedings to High Court) [2018] NZHRRT 26 [pdf, 256 KB]

   ...the conditions imposed by the judgment given on 21 June 2016. See McClintock v Attorney-General [2016] NZCA 274 at [18]. The proceedings before the Tribunal [13] The present proceedings before the Tribunal were filed on 13 October 2016. The statement of reply by the Attorney-General was received on 5 December 2016. [14] On 19 December 2016 the Human Rights Commission gave notice of intention to exercise its right to appear as intervener pursuant to its functions under HRA, ss 5(2)(j...

8. Auckland Standards Committee 4 v Holdaway [2022] NZLCDT 34 (22 September 2022) [pdf, 96 KB]

   ...which the Standards Committee became involved. About 4 December 2019, Ms Holdaway was informed of the Standards Committee’s requirement under s 147(2)(a) for her to provide certain classes of documentation. These included files, trust account statements and ledgers, evidence of compliant trust account statements. The message was reinforced by voicemails and emails between 20 January and 10 February 2020. Having been advised the Standards Committee was meeting on 26 February, M...

9. AI v ZR LCRO 102 / 2010 (11 February 2011) [pdf, 122 KB]

   ...its decision on 3 June 2010. [29] As noted above, the Standards Committee’s decision was made without the benefit of the Court’s transcript provided to this office on 18 October 2010 by the Applicant. [30] I am troubled by the fact that the statements made by the Respondent in his letter of 18 March 2010, and on which the Committee relied, have been shown to be incorrect when compared with the transcript, which was applied for and obtained by the Applicant. The statements made...

10. [2013] NZEmpC 131 Young v Bay of Plenty DHB [pdf, 83 KB]

    ...Insolvency Act, the Court noted:10 In this context, “property” includes intangible personal property rights such as the right to litigate. It follows that, as an undischarged bankrupt, Mr Brownie is not entitled to commence proceedings without the consent of the Assignee. There is no suggestion that such consent has been given. In the absence of a right to commence proceedings, an application for an extension of time to do so is therefore pointless. The application currently before t...