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...and material guarantee, the claimants have submitted that the onus is on Mr Kiff to prove forgery (if that is what he is alleging). 1 HC Auckland CIV-2004-404-3989, 3 December 2008. 2 WHT TRI-2008-101-100, 11 November 2009. Page | 10 [27] In essence Mr Kiff denies that he owed the claimants any duty of care at all. He said that he never visited the site during the time of construction, and had no involvement at all with the...
...The grounds for NCIL seeking cancellation was succinctly put by their counsel who said the Lower road was of “no practical use to the owners of the sandspit titles as they could not lawfully access the public road from the Lower road” (121 WH 101). … [39] The Lower road is 20.12m in width. Whether the present width and location of the road is appropriate to best serve the Māori owners whose applications for occupation orders can now proceed following the recent Whangārei...
...escarpment into the area and see the features before travelling on, if they wish, to the Pukeiāhua Pā some hundreds of metres to the north west. We agree with Mr Gumbley that it is an appropriate archaeological recognition of this site. [101] The chair of the Tūrangawaewae Trust Board acknowledged this proposal may have some merit and appeared to better recognise the cultural significance of this site than the proposal they had agreed to. However, she had not had an opportunit...
...contaminant for fertilisers and pesticides/herbicides. Residual concentrations of contaminants may remain within the soils and disturbed as part of the Ō2NL Project. The total concentrations of potential contaminants are currently unknown. 101. The findings of the PSI and review of previous investigation reports identified a historical landfill (HAIL ID 7) next to the Ohau River within the Ō2NL Project indicative alignment. Soil analysis as part of the site investigations has...
...the liability (if any) of any of the parties to the claimant; and (b) remedies in relation to any liability determined under paragraph (a).” To comply with s 29(1)(b) I have to consider the aspects of the assessor’s report concerning s.10(1)(b)(i)(ii) and (iii) and determine what work is properly encompassed by those sections having taken into account all of the evidence presented to me. 4.3.4 Mr Heaney in his submissions and emphasized during cross examination of nearly...
...RSE level 000s RSE (%) RSE level Theft and property damage (personal) 83 25.88 # 65 24.26 # Robbery and assault (except sexual assault) 233 25.29 # 111 15.61 Fraud and deception 273 14.66 207 12.44 Cybercrime 119 20.33 # 101 19.67 Sexual assault 193 25.98 # 87 22.62 # Harassment and threatening behaviour 300 30.29 # 118 18.48 All personal offences 1200 13.30 575 7.93 All offences - offence level (a) 1,777 9.36 - - All...
...expeditiously. This was, for example, referred to by the Court of Appeal in Air New Zealand Ltd v McIntosh11 with regard to the Industrial Relations Act 1973,12 and the Labour Relations Act 1987.13 [29] The current Act confirms this policy. Section 101(ab) describes the objects of Part 9 of the Act. The subsection provides that it is desirable for employment relationship problems to be resolved “quickly” by direct discussion between the parties;14 in that context, the Part...
...NGĀTOA WHĀNAU Te Kaiurupare Respondent ME And TRUSTEES OF KORINITI MARAE MĀORI RESERVATION TRUST Hunga Whaitake Interested Party Nohoanga: Hearing 24 November 2023, 477 Aotea MB 107-132 21 November 2023, 477 Aotea MB 55-101 25 October 2023, 475 Aotea MB 139-147 11 September 2023, 474 Aotea MB 246-346 (Heard at Whanganui) Kanohi kitea: Appearances T Barker for the Applicant A Herewini for the Respondent C Panoho-Navaja for the Interest...
...a building company on a full contract to carry out the construction. That case can therefore be distinguished from the present one. 5 Johnston v Abide Homes Ltd WHT TRI-2008-100-101 11 August 2009, S Pezaro. Page | 17 [46] Mr Boyd further argues that he does not meet the definition of a “residential property developer” set out at section 7 of the Building Act 2004: “A person who, in trade, does any...
...occurrence. He has a well-documented client file containing detailed and regular record keeping. He has induction and ongoing training for staff and has checks in place to 11 Z v Dental Complaints Assessment Committee, above n 10, at [97], [101]–[102] & [112]. 12 ensure that unlicensed staff know the boundary of their clerical role. This is regularly enforced by him. [73] According to Mr Singh, the open-plan office environment allows him to directly supervise all th...