Search Results

1. [2020] NZEmpC 62 Gibson-Smith v Ministry of Business, Innovation and Employment [pdf, 388 KB]

   ...statement in the new IEA altering the scope or description of duties which had applied to Mr Gibson-Smith for many years. This agreement also provided for variation of terms, provided these were in writing and approved by the parties: cl 4. [101] The reality was that Mr Gibson-Smith undertook the same duties thereafter, as he had undertaken for MBIE previously. Accordingly, the various statements in the IEA could not be construed as an agreement between the parties that there woul...

2. Wairakei Pastoral Limited [pdf, 452 KB]

   ...activity rules, low intensity farming and horticultural activities (not including commercial vegetable production), with low risk of diffuse discharge of those contaminants to water bodies, and requiring resource consents for all other activities 101. Amend Policy 2(a) as follows: Requiring farming activities with a Nitrogen Leaching Loss Rate within the Moderate Nitrogen Leaching Loss range set out in Schedule B Table 1 to obtain a resource consent, and to demonstrate that either the...

3. Justice Sector forecast 2011 to 2021 update quarter ending June 2012 [pdf, 1.3 MB]

   ...Conditions 1,061 993 -6.4%  Post-Detention Conditions 583 611 4.8%  Total starts on non-custodial orders 2,150 2,134 -0.7%  Difference Number of ‘starts’ on Expectation Actual Parole 2,145 2,018 -5.9%  Release on Conditions 4,364 4,101 -6.0%  Post-Detention Conditions 2,517 2,410 -4.3%  Total starts on non-custodial orders 9,025 8,529 -5.5%  Difference Muster numbers Expectation Actual Parole 2,178 2,095 -3.8%  Release on conditions 3,629 3,357 -7.5%  Post-D...

4. CAC 20004 v Li and Ors [2014] NZREADT 67 [pdf, 146 KB]

   ...negotiation stage with the vendor; and that he only realised to the contrary when he spoke to his accountant after having signed the binding contract. Evidence for the Defence Evidence from the first Defendant Mr Zhong Li (also known as Sam Li) [101] In the Mr Li's in evidence to the Authority he said that, at material times, he was an associated salesperson with the defendant Ms Wang at Barfoot & Thompson in Panmure. [102] Mr Li said that when he met the complainants at an...

5. [2021] NZEnvC 077 Minister of Conservation v Northland Regional Council [pdf, 1.2 MB]

   ...conclude that a 10 metre setback is required for all natural wetlands and the beds of lakes. We conclude a 10 metre setback is justified for these features due to the rarity and susceptibility on a regional and national scale. Setback from rivers [101] In terms of the setback required in C.8.2.1 (2), there is agreement between the parties that there should be at.least a 5 metre setback from the beds of COIF rivers. [102] The Regional Council, Federated Farmers and Horticulture New...

6. Saffioti & Anor v Ward & Ors [2013] NZWHT Auckland 17 [pdf, 287 KB]

   ...satisfied that the matters for which we find Mr Hancock liable could have been remedied by targeted repairs or a partial reclad. The evidence currently before the Tribunal is insufficient for us to determine what the cost of that work would be. [101] We will provide Mr and Mrs Saffioti with a further opportunity to provide evidence of the loss flowing from the defects that have been established against Mr Hancock before making any orders as to quantum. [102] However we n...

7. LCRO 80/2021 A LN and B LN v QG (9 November 2021) [pdf, 265 KB]

   ...[100] Self-evidently Ms QG cannot avail herself of any COVID-19 lockdown restrictions before 26 March 2020. By then, a little over four months had elapsed since the retainer had been terminated and Mr LN had requested Ms QG’s final invoice. [101] It appears to be the case from Ms QG’s explanations for the delay, that she was preoccupied with the SSD failure and her personal litigation issues during this four-month period. [102] Nevertheless, there is no doubt that Ms QG had unr...

8. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Evidence - Michael Moore [pdf, 7.5 MB]

   ...remaining indigenous vegetation. Given the rural character and significant distance from the MWM-031 31 BI-309448-3-497-V2 coast itself, I believe that the proposed wind farm will integrate acceptably with its setting. Conclusion 101. Porteous Hill is not an outstanding natural feature, nor within an outstanding natural landscape. Although its eastern slopes are within the NCCLPA in the District Plan, the ‘coastal environment’ as identified in the 2GP is appr...

9. [2015] NZEmpC 29 Hall v Dionex Pty Ltd [pdf, 330 KB]

   ...to finalise the applicable figure and make payment to him. It is these difficulties that also undermine the claim for interest in relation to the commission and the plaintiff’s claim for recovery of money due at the date of termination. [101] There was a failure to provide a copy of the purported instrument of delegation. The issue of Ms Cameron’s authority to undertake the investigative and disciplinary process was squarely raised during the course of the meeting and she...

10. Tangi v ACC [2012] NZACA 4 [pdf, 119 KB]

    ...2010, the Corporation instructed Dr Rakesh Patel, Paediatric Neurologist, to prepare a retrospective assessment and opinion as to whether the appellant required “constant personal attention from the ages of 5 and approximately 10 years old”. [101] This was defined as requiring more than “simply being under the same roof or assistance with some tasks on a daily basis. Rather, it must be shown, that due to the injury, the client requires someone at least within hearing distance 24 h...