Search Results

1. [2022] NZEnvC 234 Paterson Pitts Limited Partnership v Dunedin City Council [pdf, 18 MB]

   ...particular, was not "on" the variation. Even the potential for the existing heritage listings was not an outcome that a person reading the notified documents would reasonably contemplate as an outcome of the submission and hearing process. [101] Although inadequate heritage protection was raised in the Murray submission, the permissible scope of submissions was framed by the notified variation and accompanying information, particularly the s32 report which were obviously...

2. [2017] NZEmpC 56 Nel v ASB Bank Ltd [pdf, 179 KB]

   ...other cases might constitute relevantly similar circumstances. The question for the Court is the scope of disclosure of other instances. It is in that context that New Zealand Police Association, a discovery case, must be considered. 41 [101] I respectfully agree with and adopt the dicta of Judge Palmer cited earlier. 42 In short, actual relevance of comparative material at trial may well be a matter of fact and degree; some comparative examples may be more applicable than...

3. MLC 2017 07 National Panui [pdf, 314 KB]

   ...A20170002498 118/93 Douglas Puni Brent William Jalna Leilua, Anna-May Ramari Shar Tipa Dianne Michelle Clarke - Succession 100 10:10AM A20170002911 118,18(1) (a)/93 Linda Sisk Norma May Warbrick - Succession and determination of life interest 101 10:10AM A20170003172 118/93 Michelle Ann Griffi ths, George Ryan Griffi ths George Rangi Griffi ths - Succession 103 10:15AM A20170003358 118, 214/93 Marina Mourea Tania Ponga Paengaroa George Ponga - Succession and constitute the...

4. Director of Proceedings v N [2019] NZHRRT 38 [pdf, 953 KB]

   ...inform the LMC obstetrician or the obstetrician on duty. BREACHES OF THE CODE 100. Right 4(1) of the Code states: "Every consumer has the right to have services provided with reasonable care and skill." Mrs N' s acceptances 101. Mrs N accepts that her actions outlined above breached Right 4(1) of the Code, in that she: i. Failed to take appropriate steps to monitor the aggrieved person in light of her presentation, and 24 ii. Failed to contact the LMC obst...

5. [2021] NZEmpC 76 ANZ Sky Tours Ltd T/A ANZ Sky Tours v Wei [pdf, 287 KB]

   ...employment. The employment agreement with Vitamore Ltd was not signed until 22 August 2017 and she did not apply for a variation to her visa until 25 August 2017. That variation was obtained, seemingly without issue, on 4 September 2017. [101] At a very simple level, I accept that the breaches of her employment agreement and failure to pay her were the primary reason Ms Wei looked for another role and then resigned. I accept her evidence that, in the main, she enjoyed her job an...

6. [2021] NZEmpC 167 UXK v Talent Propeller Ltd [pdf, 379 KB]

   ...basis. I shall return to this issue later. Suppression orders under the Criminal Procedure Act 2011 [100] In the District Court judgment, which is the subject of consideration in this case, a suppression order was made under s 200 of the CPA. [101] This provision is found in pt 5 of the CPA, subpart 3 of which relates to public access and restrictions on reporting. [102] Section 200(1) provides that a court “may make an order forbidding publication of the name, address or o...

7. LCRO 113/2021 VN v [Area] Standards Committee [X] (27 June 2022) [pdf, 218 KB]

   ...Mr VN does not ventilate his complaint on the back of simple allegation that Judge A had dismissed his application and had refused to reinstate it. His complaint is considerably more expansive and includes complaint about the conduct of Judge B. [101] Whilst Mr VN provides a background to the events of 17 September 2020 in his complaint to the JCC, the substance of his complaint includes allegation that: (a) Judge B’s attitude to his application was “hostile”; and (b) Judge B ha...

8. LCRO 153/2022 YA v CK (16 July 2024) [pdf, 234 KB]

   ...endeavour to have Mr RQ pass part of his inheritance to Ms YA. There was no legal basis to support that approach. It was a family matter, and that was reflected in the fact that Mr CK advised that she should pen a letter direct to her father. [101] However, Mr CK sent that letter to Ms GA, continuing to advise that Ms YA would be ‘forced to issue proceedings’ if Mr RQ did not make an acceptable offer. [102] The executors of the estate were clearly aware of the time limits impo...

9. Regulatory Impact Statement: Regulatory regime for the new alcohol laws. [pdf, 300 KB]

   ...their responsibilities under the new Act, within a one year grace period of the expiry of their current certificate - this will be achieved though the recommended transitional or ‘bridging’ certificate. Monitoring, Evaluation and Review 101. The Act does not include a formal evaluation or review proves for its regulatory regime outside the fees area. However the operation of the law will be monitored and there will be opportunities in the future to refine regulations, or intr...

10. Cutforth v Witana - Kohewhata 27C2A (2023) 259 Taitokerau MB 111 (259 TTK 111) [pdf, 364 KB]

    ...have been signed. [100] Throughout these extended proceedings, Ms Witana continued to argue that she had not been provided with relevant trust documents. The majority trustees strongly rejected this and said she received all trust documents. [101] Even if Ms Witana did need further information, she could have taken steps to obtain it. On 21 December 2022, I directed the parties to exchange lists and complete discovery by 3 February 2023. Ms Witana did not comply with those dire...