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1. DIJ v New Zealand Police [2024] NZHRRT 22 [pdf, 372 KB]

   ...submits this is a further admission by Police of interference in the plaintiff’s privacy. Police expressly accept that those documents have been unlawfully withheld. Implicitly Police accept there has been undue delay in providing them. [101] We accept that the delayed release of Supplementary Closed Bundle documents 12, 13, 20, 21, 25-28 and 30 can be taken as an admission there was no lawful basis to refuse to release them, and/or that there has been undue delay in providing t...

2. [2019] NZEmpC 187 Byrne v The New Zealand Transport Agency [pdf, 411 KB]

   ...request followed the confidential settlement inevitably led Mr Houba to believe that there was a significant reason impacting on Mrs Byrne’s suitability to work on the Project. The totality of statements made on behalf of NZTA was disparaging. [101] I find that, when considered in the context in which they arose, the remarks made amounted to a breach of cl 9 of the record of settlement. [102] I referred earlier to the submissions made by counsel about two disparagement cases,...

3. August 2018 outstanding applicatrions [pdf, 388 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 kn...

4. 1.-Lonnie-Dalzell-Owner-Interface-Manager.pdf [pdf, 400 KB]

   ...needed urgently. The Transport Agency is very grateful for the considerable input provided by tangata whenua, landowners, the relevant councils, other stakeholders, and members of the public, which has helped bring the Project to this point. 101. I have met with a wide range of people and organisations with a view to obtaining information to feed into the process, bringing issues to light at an early stage, and addressing them if possible. 102. The Transport Agency sees the su...

5. [2021] NZACC 126 - Botha v ACC (4 August 2021) [pdf, 534 KB]

   ...period between his final scan and birth. But he accepts that placental deficiency would have contributed to Kevin’s injuries. Dr Patel says that antenatal events are a far more common cause of cerebral palsy than acute perinatal asphyxia. [101] Dr Battin agrees the evidence is consistent with Kevin having suffered some degree of chronic suboptimal status in utero. He states that perinatal events are more likely to be the origins of the cerebral palsy than an unrecognised cause...

6. Adlam v Savage - Lot 39 A Sec. 2A Parish of Matatā and Lot 39 A Sec. 2B No.2B No.2A Parish of Matatā [2015] Māori Appellate Court MB 59 (2015 APPEAL 59) [pdf, 342 KB]

   ...documentation in 1993 was appropriate. Those trustees had capacity to sign on behalf of the Bath Trust and were acting inside the scope of their powers. As a matter of law, the current trustees were bound by the actions of the trustees at the time. [101] He submitted that, given the history and nature of this trust, it was reasonable for Ms Adlam to have relied upon the authorisation of her co-trustees at the time, to sign the TG2 documents and to assume that the beneficiary groups...

7. LCRO 173/2014 G NP and H NP v DC (27 September 2018) [pdf, 289 KB]

   ...Legal Standards Officer. All of the NP’s complaint material, spread over several emails and including copies of correspondence and court decisions relating to the COCA proceedings, was before the Committee when it made its decision. 18 [101] The agenda notes comprehensively set out the NP’s complaints. There is nothing in any of the material which even remotely supports a submission that the Committee predetermined the outcome or had some bias either for or against the...

8. [2021] NZREADT 27 Harvey v Lowe (10 June 2021) [pdf, 388 KB]

   ...and Mr Harvey diverged on what the Lowes told Mr Harvey about their building plans for No 26, what impact their building plans would have on the view from No 28, and on what Mr Harvey was authorised to disclose to prospective purchasers.29 [101] The Committee’s finding was that given the significance of the view from No 28, Mr Harvey failed to exercise skill, care, competence, and diligence by not confirming the Lowes’ instructions regarding No 26 in writing and/or by not cap...

9. [2021] NZEnvC 165 Poutama Kaitiaki Charitable Trust v Heritage New Zealand Pouhere Toanga [pdf, 554 KB]

   ...think it was a 2009 High Court decision. … Questioned about the consulting fees / engagement fees paid to either himself 67 Notes of evidence, at page 293 lines 23-25. 68 Notes of evidence, at page 293 lines 28-36 & page 294 line 1. [101] [102] [103] [104] 31 or to Poutama, Mr Gibbs could not recall the amount, other than agreeing that it was “months and months of work” and Poutama may have been paid more than $200,000.69 In an email to First Gas70 Te Ah...

10. McClelland v Schindler Lifts NZ Ltd [2015] NZHRRT 45 [pdf, 157 KB]

    ...justify the withholding from Mr McClelland of a formal declaration that Schindler breached s 22 of the Human Rights Act. Indeed to withhold such declaration would be unfair. [100] We now address the question of damages. Damages for pecuniary loss [101] Mr McClelland says that following termination of his employment by Schindler he immediately sought work to keep his rent and debt payments up to date. Using a recruitment and out-sourcing firm the only employment he could find was wor...