Search Results

1. [2023] NZEnvC 076 Noakes & Fruhling Trust v Waikato District Council [pdf, 609 KB]

   ...rules are accepted by the parties as being in scope, those policies relate to infrastructure staging, patterns of use, and levels of service, rather than filling of land within the 1% AEP floodplain and flood ponding areas. [98] [99] [100] [101] 29 The Council have accepted that appeal point 21 in relation to NH- P15 is in scope. The Appellants seeks to include similar wording in appeal point 20. Appeal point 21 also refers to floodplains and flood ponding, however it...

2. LCRO 8/2020 PA v ZN (21 December 2022) [pdf, 306 KB]

   ...ZN had consciously intermingled legal, business and personal arrangements during their five-plus years of association, and to draw a line between legal and business arrangements would be not only difficult, but also something of an artifice. [101] However, I do not consider it necessary to finally determine that issue because, in my view, Mr PA’s conduct is, despite Mr FY’s submissions otherwise, captured by his professional and ethical obligations as a lawyer. [102] Mr FY’s...

3. [2021] NZREADT 52 - QH v KE, SE & Agency (14 October 2021) [pdf, 299 KB]

   ...would be determined in the course of considering the appeal. DISCUSSION [100] There is a preliminary issue as to whether QH can adduce various items of evidence not provided to the Committee. Whether further evidence can be produced by QH [101] As noted above, this appeal is a rehearing of the case as presented to the Committee. A party is not entitled as of right to produce a new version of the events or new evidence. The Tribunal can, however, give leave to adduce new evid...

4. McGregor v Jensen [pdf, 89 KB]

   ...other respondent and remedies in relation to any liability determined. In addition, section 90(1) enables the Tribunal to make any order that a Court of competent jurisdiction could make in relation to a claim in accordance with the law. [101] Under section 17 of the Law Reform Act 1936 any tortfeasor is entitled to claim a contribution from any other tortfeasor in respect of the amount to which it would otherwise be liable. [102] The basis of recovery of contribution pro...

5. February 2015 Outstanding applications [pdf, 253 KB]

   ...2000 at 90 WHK 405-407 and 92 WHK 250-251 - Application to the Chief Judge A20120016198 45/93 Deputy Registrar CJ 2013/1 - Joseph Smith I - and succesion orders made at 107 Napier MB 53 on 03/07/1973 - Application to the Chief Judge A20130001014 45/93 Lynette Hatton, Jeanette Fifield CJ2013/3 - Mere Porotene – and succession orders made at 6 ADWG 312 dated 12 March 1990 - Application to the Chief Judge A20130001188 45/93 Rena Scott Wharepouri Paoro or Wharepouri Hori - an...

6. [2021] NZACC 70 - Te Miha v ACC (29 April 2021) [pdf, 324 KB]

   ...episodes in 2016 and 2017 leading to the Specialist opinion of Stage 3 Chronic Kidney Disease in December 2017. [100] Based on this report, the Corporation accepted Ms Te Miha suffered an acute kidney injury as a personal injury under the Act. [101] Dr Hay noted Ms Te Miha had suffered episodes of reversible acute kidney injury. The injury was severe in August 2017 and mild in September 2017. [102] Based on the above reports, the reviewer determined Ms Te Miha had not suffered a...

7. [2023] NZEmpC 221 Cronin-Lampe v The Board of Trustees of Melville High School [pdf, 1 MB]

   ...provisions of the HSE Act in New Zealand. 2 At [36]. 3 Attorney-General v Gilbert [2002] 1 ERNZ 31 (CA) [Gilbert (CA)]. 4 At [75]; citing Johnson v Unisys Ltd [2001] UKHL 13, [2001] 2 WLR 1076 at 1079 per Lord Steyn, at 1091 per Lord Hoffman, at 1101 per Lord Millet; and Wallace v United Grain Growers Ltd (1998) 152 DLR (4th) 1, 33 per Iacobucci J. [10] In the second cause of action, the following were pleaded as terms implied by common law in the employment contracts...

8. [2017] NZEmpC 117 Underhill v Coca-Cola Amatil NZ Ltd [pdf, 429 KB]

   ...The 90-day limitation period for raising a grievance did not commence until the position was corrected. [100] The secondary argument by the Underhills, that they did not realise they had a personal grievance until a later date, fails. [101] The Underhills were unjustifiably dismissed. [102] Insofar as remedies are concerned, it is not appropriate to order reinstatement in this case. Making the best that the Court can from the paucity of evidence on other remedies, compens...

9. LCRO 76/2020 FV v GT (23 July 2021) [pdf, 269 KB]

   ...point, I prefer Ms FV’s evidence. To that extent, I disagree with the Committee’s conclusions about this issue, which was specifically focused on whether or not instructions were given by Miss FV to Mr GT to appear in court on [redacted] 2018. [101] In my view, the matter is slightly more nuanced than that. [102] First, as noted by the Committee, Mr GT’s letter of engagement described the retainer as being for “IRD matter” with the related services being “receiving instru...

10. Protection order applications December 2021 [xlsx, 93 KB]

    ...years 31 48 60 65 56 49 34 38 30 27 5% 6% 6% 7% 5% 5% 3% 4% 3% 3% 20 to 29 years 218 318 325 300 351 315 308 282 299 241 32% 39% 35% 31% 31% 29% 29% 28% 27% 25% 30 to 39 years 114 166 157 172 204 210 196 201 231 209 17% 20% 17% 18% 18% 20% 18% 20% 21% 22% 40 to 49 years 83 90 97 94 129 113 116 101 140 110 12% 11% 10% 10% 12% 11% 11% 10% 13% 11% 50 years or more 35 34 67 53 74 65 85 78 63 78 5% 4% 7% 5% 7% 6% 8% 8% 6% 8% Unknown 196 158 235 280 302 322 324 313 351 295 29% 19% 25% 29% 2...