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1. [2020] NZEmpC 222 Flashoff v New Zealand Technology Group Hawkes Bay Ltd [pdf, 311 KB]

   ...favour of the respondents. They estimate they are losing $75,000 per month in terms of actual and lost opportunity costs. If an interim order were to remain in place until 2022, the $200,000 fund would be insufficient to meet such losses. [101] Third, NZTG’s ability to meet any damages award needs to be considered alongside other evidence. It is to be inferred from Mr Smith’s evidence that shareholders had to contribute to the fund paid into the lawyers’ trust account....

2. LCRO 228/2016 SP v QH (27 June 2019) [pdf, 324 KB]

   ...2015, she had no 18 basis from that point onwards to delay releasing the files. On 18 December 2015, Ms SP was reminded of the earlier requests to provide Mr QH’s file and further steps were taken by [law firm] to expedite that request. [101] The files were not made available to uplift until 5 February 2016. [102] There is no evidence effectively justifying the delay. What could have been a swift and untroubled change-over was unnecessarily compromised by Ms SP’s apparen...

3. LCRO 124-2014 SM v TK [pdf, 236 KB]

   ...solicitor having obtained possession of the passport for a legitimate forensic purpose, was entitled to retain possession against his client, and exercise a lien over it until his proper costs and disbursements were paid or payment thereof was secured. [101] A careful reading of the Xu decision however, gives clear indication that the Court considered that a degree of care needed to be exercised before a lawyer elected to refuse to release a passport. [102] Basten JA, noted that:14...

4. July 2015 Outstanding applications [pdf, 266 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...

5. Ashworth v Kent (Strike-Out Application) [2018] NZHRRT 55 [pdf, 475 KB]

   ...Ashworth has discontinued her proceedings as against the clinic. WHEN AGGRIEVED PERSON MAY BRING PROCEEDINGS BEFORE THE TRIBUNAL [10] The effect of HDCA, ss 50 and 51 is that a plaintiff intending to bring proceedings before the Tribunal must show: [10.1] That the defendant is a person to whom s 50 of the Act applies ie is a provider in respect of whom an investigation has been conducted under Part 4 of the Act in relation to any action alleged to be in breach of the Code of Health an...

6. August 2015 Outstanding applications [pdf, 268 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...

7. Haydyn du Fresne v CAC 406, Watkins & Fitzsimons [2019] NZREADT 6 (11 Feb 2019) [pdf, 274 KB]

   ...“not okayed it with me”.17 However the text that Licensee 1 sent was not the first one that he sent on that date. An earlier text said: Tried calling you again, unfortunately you don’t have an answer service so I can’t record a message. [101] We add by background that as we understand the evidence, the appellant was not living in the property at the time, 4 July 2017. [102] In all the circumstances, we see nothing exceptional in an agent in the position of Licensee 1 s...

8. Melrose v Porter - Torere Section 58 [2022] Maori Appellate Court MB 209 (2022 APPEAL 209) [pdf, 360 KB]

   ...MB 186. p. 98 9 Porter v Melrose – Torere Section 58 (2021) 265 Waiariki MB 193 (265 WAI 193). 10 At 201 of transcript. 11 At 205-206 of transcript. 2022 Māori Appellate Court MB 214 1996 Trust review due: cl. 4.c. Trust Order. p. 101 22 March 2015 Neville Patu (trustee) passes away. p. 111 20 October 2018 Annual meeting of owners, at which current appellants resigned. p. 91, 189, 213- 220 5 September 2019 Rover Waiapu (trustee) passes away. p. 110 22 November...

9. 2021-03-23 OWRUG opening subs [pdf, 311 KB]

   ...(Council approved rationing regimes) says this: “This policy is adopted to enable the fair sharing of water under low flow conditions, and to assist in delaying the wider suspension of takes”29 29 RPW page 6-33, Common Bundle Vol 1 Tab1 CB101. 19 PP-1035600-2-347-V2 68. The difference between such a regime and the system of deemed permits is stark. Deemed permits are prioritised in order of time, which reflects their genesis as private property rights. Water rat...

10. [2007] SFWU v ADHB and Ors WN WC 18/07 [pdf, 134 KB]

    ...bargaining for a multi-employer collective agreement or multi-employer collective agreements, this obligation is subject to the obligations under s33(1) defined above so that clause 6 of Schedule 1B does not require any party to conclude a meca. [101] We add, for completeness, that the statutory collective bargaining process under ss40 and following of the Act does not include what may be described as counter- initiation of bargaining, that is the invocation of the process (involving...