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1. Black & Anor as Trustees for Lyn Black Family Trust v KW & KR Gutsell Building Ltd [pdf, 186 KB]

   ...of this arbitration (sic) should be met by the Claimant.” There is no evidence of bad faith or lack of substantial merit in the claim that would justify an award of costs. Therefore I will make no orders as to costs. 10.0 ORDERS 10.1 For the reasons set out in this determination, I make the following orders: 10.2 Neville Excell is ordered to pay to the Claimant the amount of $19,640.41. Neville Excell is entitled to recover a contribution of up to $6,546.17 from KW &...

2. [2022] NZEnvC 117 High Quality v Auckland Council [pdf, 885 KB]

   ...policies of the Plan. 4 Environmental Defence Society Inc v New Zealand King Salmon Company Ltd [2014] NZDC 38, (2014) 17 ELRNZ 442, [2014] 1 NZLR 593, [2014] NZRMA 195. 5 Albert Road Investments v Auckland Council [2018] NZEnvC 102. [100] [101] [102] [103] 25 Precedent and plan integrity As we noted earlier, we do not consider this case to be one of high principle. The activity is discretionary. The weight of the relevant objectives and policies and the zoning pro...

3. Waitangi Tribunal - East Coast Settlement Report [pdf, 1.1 MB]

   ...Coast district inquiry, and OTS and Crown Law historians undertook some analysis of material provided by the submit- ters. although this analysis is not on the record, Mr James stated that it contributed to the advice provided by OTS to its Minister.101 Crown officials also spoke to the submitters about their levels of support, although they considered the information they received to be unreliable.102 97. OTS to MICOTOWN, 29 February 2008, p 5 (doc A40(a), p 1067) 98. Paul James questione...

4. [2021] NZEmpC 8 Commissioner of Police v New Zealand Police Assoc Inc [pdf, 464 KB]

   ...place of work” [100] I turn next to consider the clause itself for the purposes of issue one. Police says that under the MVR clause, a “generic” rotation is not an “alternative” place of work, but to a “new normal” place of work. [101] There is some common ground between the parties as to the ordinary meaning of the terms “normal place of work” and “alternative place of work”. [102] Both parties agree that according to the ordinary and natural meaning of thes...

5. BORA Immigration Bill [pdf, 480 KB]

   ...by virtue of a warrant of commitment is also a positive development and provides the judge with greater discretion to ensure that a person’s liberty should only be restricted or deprived to the extent necessary in respect of a particular case. 101. However, we note that the judge in a warrant of commitment hearing may only securely detain or release on conditions (clause 279(2)). The possibility of release without conditions is not explicitly mentioned. This is problematic as it may b...

6. [2017] NZEmpC 164 NZPSA v IRD [pdf, 519 KB]

   ...bargaining, when initiated by a union, would automatically act as a veto over management prerogative as may be exercised under an existing CEA. 7 Clause 8.2.2. Individual bargaining [101] In terms of Mr Cranney’s submission that there are, potentially, three means by which variations of individual terms can be effected where there is a collective agreement on foot, I consider that the present circumstances fall within t...

7. [2015] NZEmpC 58 Hoff v The Wood Lifecare (2007) Limited Industries [pdf, 177 KB]

   ...do something about it well prior to the incident in Studio 3. As Ms Berryman appeared to acknowledge, Mrs Hoff was particularly vulnerable at the time given the loss of her mother and the three other long-term residents at The Wood. [101] In these circumstances, I do not accept that Mrs Hoff's contributory behaviour was as significant as Mr Goldstein claimed. I reduce her remedies under s 24 of the Act by 10 per cent. Conclusions [102] For the reasons stated, I fin...

8. MLC 2018 May Outstanding OCR Applications [pdf, 379 KB]

   ...Application to the Chief Judge A20120015167 45/93 Mohi Wiremu Hotene CJ 2013/4 - Paratene Mita Hotene - and orders dated 1 September 1998 and 28 January 2000 at 90 WHK 405-407 and 92 WHK 250- 251 - 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 CJ 2013/5 - Wharepouri Paoro also...

9. [2018] NZEnvC 133 Director General of Conservation v Thames Coromandel District Council [pdf, 17 MB]

   ...provisions be included in the District Plan, and having undertaken something of a review of steps that have been taken over the years under various pieces of legislation, we come to the issue of what should be regulated here, if reasonably possible. [101] The issue surfaced to one extent or another in the statements of evidence of the several scientific witnesses, but most strongly in the evidence of Dr I Horner, called by the Director-General :69 The long-term survival of kauri f...

10. LCRO 85/2016 BA v FE [pdf, 280 KB]

    ...legal fees have now been paid. However, this does not prevent Miss BA from raising complaint about those fees. Separation Order [100] Legal fees associated with this aspect of Mr FE’s retainer, were $5,214.00, plus GST and disbursements. [101] Initially Mr FE advised Miss BA that applications of that nature are unusual and something of a relic from a bygone era, as parties generally reach agreement about when they separated and incorporate that date in their overall property ag...