Search Results

1. [2019] NZEmpC 159 Allied Investments Ltd t/a Allied Security v Cradock [pdf, 350 KB]

   ...immediate notice. Common-sense suggests that the explanation should be understood to mean that a period of notice was required, as was in fact stated. [34] I turn next to the intended scheme of the trial provisions, as indicated in relevant statements made when the provisions were introduced. These were reviewed in some detail by former Chief Judge Colgan in Smith. I need not repeat the passages he cited. He went on to make these findings: [47] These passages confirm the stat...

2. [2021] NZEnvC 075 Ngati Paoa Trust Board v Heritage New Zealand Pouhere Taonga [pdf, 1.3 MB]

   ...Transport, as part of the Auckland Manukau Eastern Transport Initiative (AMETI) project, is constructing a busway bridge next to the Panmure Bridge on which Lagoon Drive crosses the Tamaki River between the Mokoia headland and Pakuranga. The reinstatement works associated with that project include a proposed commemorative park to mark the location of the Mokoia Pa with mahi toi artwork to serve as a monument to the memory of Nga.ti Paoa tupuna. Auckland Transport has applied to...

3. [2022] NZEmpC 233 Baillie v The Chief Executive of Oranga Tamariki – Ministry for Children [pdf, 280 KB]

   ...what he said. [81] Unlike Oranga Tamariki’s failure to tell Mr Baillie that accepting responsibility would be taken into account, these other deficiencies are not fatal. He knew what Mr Rowe said at the interview because it was recorded by consent, and the recording was sent to him by Mr Rowe and transcribed. While truncating Mr Baillie’s time to comment was problematic, and in other circumstances might have been significant, his responses were considered before the final dec...

4. [2022] NZEnvC 252 Page v Whanganui District Council [pdf, 349 KB]

   ...final enforcement order (in draft) to give effect to the court’s interim decision.4 [12] The interim decision records (in summary) the evidential basis for and against the Council’s application. The evidence referred to includes a written statement from Mr Page, and evidence from Council officers. [13] Evidence from a geotechnical engineer from Opus International Consultants (‘Opus’) led by the Council is also discussed. Opus had prepared a report reviewing an engineeri...

5. [2025] NZREADT 26 - EC & KN v CAC 2204 & ST (18 July 2025) [pdf, 308 KB]

   ...said prior to taking him on a home visit, the vendor told her he did not have family, other than his elderly sister who lived in a rest home in Auckland. The vendor told her his nephew was executor of his will but not EPOA. He did not give NJ consent to find his nephew’s details. [30] NJ said she had a discussion with the vendor about cleaning his home if he was to be discharged there. He remembered that the second respondent, who had lived next door to him, had been a great...

6. Auckland Standards Committee v van der Zanden [2014] NZLCDT 21 [pdf, 79 KB]

   ...home detention, but the response he then reported was that Mr Webby asked if he would agree to the amendment of the indictment to add three further charges. [23] It was Mr van der Zanden’s evidence that there was a connection between the two statements from which he drew the inference there would not be opposition to home detention. He accepts in his affidavit to the Tribunal that he made two errors in his affidavits to the Court of Appeal, firstly the September date and secondly...

7. Proactive release - Security Information in Proceedings Legislation Bill.pdf [pdf, 2.2 MB]

   © Crown Copyright, Creative Commons Attribution 4.0 International (CC BY 4.0) Hon Kris Faafoi Minister of Justice Proactive release – Security Information in Proceedings Legislation Bill Date of issue: 7 December 2021 The following documents have been proactively released. Some information has been withheld on the basis that it would not, if requested under the Official Information Act 1982 (OIA), be released. Where that is the case, the relevant section of the OIA has been note

8. [2007] NZEmpC AC 44A/07 Tones v 3D1 Ltd [pdf, 52 KB]

   ...to determine the real nature of the relationship between them. In doing so it is directed by s6 to consider all relevant matters including any matters that indicate the intention of the persons. It is not to treat as a determining matter any statement by the persons that describes the nature of their relationship. [5] All relevant matters include the written and oral terms of the contract between the parties which may contain indications of their common intention about the statu...

9. Lambert v CAC301 & Ors [2015] NZREADT 65 [pdf, 204 KB]

   ...ed) “submit” is defined as “submit v. (submits, submitting, submitted) 1 accept or yield to a superior force or stronger person. 2 (usu. submit something to) subject to a particular process, treatment, or condition.  (submit oneself to) consent to undergo.  agree to refer a matter to a third party for decision or adjudication. 3 present (a proposal or application) for consideration or judgement.  (especially in judicial contexts) suggest; argue.” Meaning 3 is partic...

10. ENVC Hearing 6Oct14 DM local Susan McCann [pdf, 115 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 (DRAFT) STATEMENT OF LAY EVIDENCE OF SUSAN MCCANN (TOURISM AND TOURISM PLANNING) ON BEHALF OF DIRECTION MATIATIA INCORPORATED AND OTHERS...