Search Results

1. ORC & Fonterra Co-operative Group Ltd - EIC - Cain Duncan - 17 September 2021 [pdf, 3.1 MB]

   ...should be adhered to, depending on the soil and landscape feature effluent is being applied to. Soil maps and associated soil factsheets listing the effluent risk category are available for most of Otago via Landcare Research’s S-Map service. 101 Table 2 outlines the recommended maximum application depths for different soil and landscape features using either a high or low rate effluent irrigation system, assuming the criteria in Table 1 is achieved. 23 Table 1 - mini...

2. Herman, Wang, Howatt, Li, Thornhill, Gilchrist, Barnao, Watson v CAC10100 & Jackman [2012] NZREADT 60 [pdf, 105 KB]

   ...consolidated appeals under s.111 of the Real Estate Agents Act 2008 BETWEEN KAISU HERMAN, JOYCE WANG, JACK HOWATT, SAU LI, IAN THORNHILL, PHILIP GILCHRIST, PAUL BARNAO, JUDITH WATSON Appellants AND REAL ESTATE AGENTS AUTHORITY (CAC 10100) First respondent AND PAUL JACKMAN Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member Mr J Gaukrodger - Member HEARD at AUCKLAND on 29 August 2012 DATE OF DECISIO...

3. LCRO 148/2020 PV v GY (31 May 2021) [pdf, 269 KB]

   ...advanced by Mr KQ in the course of his review hearing. [100] But an apparent synchronicity of interests does not absolve a lawyer, in circumstances such as these, from the responsibility to carefully examine whether there is potential for conflict. [101] A perceived compatibility of interests does not remotely overarch Ms PV’s case with a degree of uniqueness that would transcend or override what would commonly, in cases such as these, be considered a critical need to give careful...

4. Mann v Accident Compensation Corporation (Jurisdiction, Social Rehabilitation, Costs on Review) [2023] NZACC 91 [pdf, 365 KB]

   ...narrowing or foraminal conflict noted. [100] Fourth, in March 2016, Dr Wallbridge, Pain Specialist, diagnosed chronic, widespread pain syndrome, substance abuse, opiate dependence, and possible statin (cholesterol-lowering drug) side effect. [101] Fifth, in October 2016, Dr Malone, Psychiatrist, diagnosed a mood disorder, a pain disorder with a general medical condition (Scheuermann’s disease and psoriatic arthritis), and psychological factors. Dr Malone did not think that there...

5. [2021] NZACC 52 - Thompson v ACC (17 March 2021) [pdf, 230 KB]

   ...salesperson, the appellant jumped off the back of a truck and landed heavily on his right foot. [100] An x-ray on 4 December 2009 showed a “subtle” calcaneal (heel bone) fracture and ultrasound demonstrated ligamentous injuries to his ankle. [101] On 1 June 2011, the appellant was involved in a car accident which exacerbated the 2009 injury. [102] His then GP Dr Thomson provided a medical certificate for five weeks off work. 3 Ellwood v Accident Compensation Corpor...

6. [2019] NZEmpC 181 A Labour Inspector v New Zealand Fusion International Ltd [pdf, 299 KB]

   ...a banning order on other employees and their dependants, while noting that, in a more serious case, it might well be that the employer being unable to continue in business is a desirable outcome. I respectfully agree with that observation. [101] An earlier decision of the Employment Court compared banning orders with similar provisions under the Companies Act 1993 and the Financial Markets Conduct Act 2013,31 a comparison considered to be appropriate because it was made by the re...

7. LCRO 78/2017 UT v HB (26 June 2019) [pdf, 346 KB]

   ...While this may digress from the issue whether Mr HB ought to have followed up his 2 December 2009 letter, it does illustrate the difficulty in drawing any conclusion about Mr JWS’s testamentary intentions from his failure to respond to Mr HB. [101] In summary, Mr HB had requested Mr JWS’s further instructions, namely, confirmation of [Mr HB’s] understanding of Mr JWS’s telephoned instructions before preparing the proposed 2009 will. In my view that would necessarily include...

8. Clarken v Carling [pdf, 138 KB]

   ...were not identifiable by a reasonable officer at the time the inspections were carried out, as defences to liability for negligent inspection and approval of the building works. CLAIM NO.00804 - CLARKEN.DETERMINATION.doc 28 Maintenance [101] Maintenance, by its very meaning implies that the work at issue was undertaken and completed properly in the first instance so that that state of finish and utility can be preserved for the future by regular checking and repairing when nec...

9. 2022-02-11 Statement of Evidence of Kerstin Strauss dated 11 February 2022 [pdf, 281 KB]

   ...conditions with territorial authorities in Otago, and those authorities’ requirements (and sets of standard conditions, where available) with ORC staff to enable better collaboration and customer service. PART A – DISCHARGE PROVISIONS 101 Part A contains new and amended policies for managing discharges of stormwater and wastewater. Under the RPW, stormwater discharges are permitted unless they contain sewage. E.coli is therefore a key contaminant for the discharges that th...

10. [2018] NZLCDT 1 Wellington Standards Committee 2 v Hay [pdf, 282 KB]

    ...that any legal advice that she needed was provided by him and his status as a lawyer, we accept that Ms C was not Mr Hay’s client. Issue 2(b) – Other Professional Obligations [89] We accept the submission by the Standards Committee that Rule 5.1013 imposes obligations on Mr Hay in relation to this transaction even for a non-client. 13 A lawyer must not draft or assist in drafting a provision of a will or other instrument under which th...