Search Results

1. [2016] NZEmpC 87 Kupa v Silver Fern Farms Beef Ltd [pdf, 248 KB]

   ...consideration of this possibility was scant. None of the minuted accounts of the various meetings refer to this possibility; and nor did any of the company witnesses refer to the issue other than in cross-examination when the issue was put to them. [101] Mr Williams was not sure whether the possibility had been discussed in any of the meetings; furthermore he did not know what the pros and cons would have been had the provision been considered. He said that this would have been...

2. [2020] NZSSAA 2 (11 February 2020) [pdf, 217 KB]

   ...from net rent, and the other adjustments, it did so in a table based on the annual September to September periods. While a full reconciliation is not feasible given the different periods, on the information we have, we can say the following: [10.1] It appears the Ministry has removed the amounts it identified as rental property income in the annual periods ending in July from 2007. [10.2] It appears the Ministry has removed the money identified as a bank loan. [10.3] We understa...

3. [2022] NZACC 145 – Stojicevic v ACC (26 July 2022) [pdf, 434 KB]

   ...He acknowledged the three events of accidents on 28 June 2018, 13 July 2018 and 29 January 2019. He also acknowledges a “huge” variety of investigation which first was directed at the lumbar spine and then hip and finally the coccyx. [101] He says that none of these had certainty. He submits that the GP’s note of 3 September 2018 is “crucial” in that the appellant reported feeling a lot better with full range of movement and no back pain. [102] He notes that the ap...

4. ENV-2016-AKL-000xxx Kuegler Family Trust & Others v Auckland Council [pdf, 2.4 MB]

   ...36 18 30 7 9 21 67 48 35 37 91 37 58 35-37 34 22 11 43 51 89 15 38 33 4755 9 7 27 60 51 45 40 16 43 24 62 54 29 54 3 23 93 8 40 31 58 28 15 87 17 57 4 44 16 27 39 34 59 6 30 1 24 20 57 5610 101 43 18 11 13A 41 38 626 42 2 17 99 61 40 3342 57 29 16 33 47 65 21 68 44 7-9 20 6 32 58 53 11 59 20 38 14 31 39 8 10 73 69 44 40 77 70 31 53 19 25 21 36 5 50 42 23 14 62 23 4 47 24 27 53...

5. [2024] NZEnvC 090 Bowkett v Whangarei District Council [pdf, 2.3 MB]

   ...it is clear that without it the works would be unable to be performed legally. Moreover, 20 this Court would normally require evidence that the applicant had permission of the landowner before it could do the works on another property. [101] In the exercise of our discretion we have concluded that it is not appropriate that we should delay or stay the enforcement order to allow Mr Bowkett to undertake the consent process. There is nothing to prevent that consent process taki...

6. [2007] NZEmpC CC 14/07 Kostic v Dodd and Milligan [pdf, 130 KB]

   ...which led to Mr Kostic leaving the premises and his personal grievance was essentially that he was never allowed to return to work, it can properly be said that Mr Kostic also contributed to the situation giving rise to his personal grievance. [101] Any assessment of contribution must be based on findings of fact made by the Court on the evidence provided to it. I have found that the allegation of assault was not proved to the required standard. Mr Kostic himself accepted, however...

7. [2006] NZEmpC AC 50/06 Tu'itupou v Guardian Healthcare Operations Ltd [pdf, 134 KB]

   ...claim by one of the residents that Soane had assaulted him, resulting in two bruises on his back (section 103(1)(b) of the Act); and (3) Unjustified dismissal when she was dismissed on 13 June 2002 for “sleeping” while on duty (section 103(101)(a) of the Act). Mrs Tu'itupou was given a final written warning in a letter dated 31 May 2002 which she received at a later date. The letter of 31 May stated that, “It is clearly documented in your personnel file that this issue has...

8. CORNELIUS Grant Charles (CSU 2011 AUK 001161) [pdf, 235 KB]

   ...recreational market. Every quad bike user needed to understand the manufacturer’s guidelines. [100] I was satisfied during the gathering of information that New Zealand distributors are very thorough in their after sales service to clients. 16 [101] The primary sale from a distributor to the first user included active riding training; a thorough instruction of the operation manual; an understanding of the quad bike’s capabilities; and the importance of wearing a helmet. A...

9. DA v EB LCRO 7/2013 (26 August 2014) [pdf, 125 KB]

   ...Ms EB, because under the terms of settlement CR had agreed to pay Ms EB no more than $10,000 plus her employment-related statutory entitlements. 54 As above at n 50. 18 Discussion [101] Rule 9 regulates the fees a lawyer can charge to a client. It does not regulate arrangements between a lawyer and a third party. As CR is not Ms DA’s client, Rule 9 does not apply to Ms DA’s invoice to CR. [102] Independently of...

10. LCRO 57/2018 G RC and D RC v YS (30 April 2019) [pdf, 335 KB]

    ...information concerning a client, the retainer, and the client’s business and affairs acquired in the course of the professional relationship [100] The words “to protect and to hold” require positive action by lawyer to comply with the rule.30 [101] The duty of confidence is owed to “the client”. It encompasses “all information” concerning (a) the client, (b) the retainer, and (c) the client’s business and affairs “acquired in the course of a professional relation...