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1. [2017] NZEmpC 127 South Canterbury District Health Board v Sanderson [pdf, 709 KB]

   ...perform any minor unrecorded proactive, preventative or unremunerated duties during on-call periods; nor did they have ongoing responsibility for the wellbeing of groups of vulnerable people during the periods of time that they were on call. [101] I return to the point which I made earlier, to the effect that a practical assessment is required, which is, inevitably, case-specific. [102] In this case, the nature and extent of the responsibilities during periods of call-back wa...

2. Proprietors of Potikirua Block Incorporated v Te Kani - Lot 1 Deposited Plan 8212 [2013] Chief Judge's MB 82 (2013 CJ 82) [pdf, 1.3 MB]

   ...Failing (i), to lease Wharekahika A 15 to Wamoana Te Kani; iii) Failing (i) and (ii) Wharekahika is to be returned to Potikirua Incorporation for farming, with the house or area of section remaining with Wamoana Te Kani. 2013 Chief Judge's MS 101 The letter then went on to state that 'notice of intention to partition must be in writing to Potikirua Incorporation will be advertised in Public notices in local newspaper prior to AGM'[sic.] 34. Lastly, a note from a ...

3. Matuku Ngati Maru Wharanui Pukehou Trust (2009) 245 Aotea MB 15 (245 AOT 15) [pdf, 306 KB]

   ...report on their activities to the Registrar on a quarterly basis for the Court’s information. [100] The trustees are also directed to attend a chambers conference to provide a progress report at the April sitting of the Court in New Plymouth. [101] The Registrar is to provide a copy of this judgment to: (a) the Hon Justice Venning, High Court, Auckland; (b) the Chief Executive, Te Puni Kokiri, Wellington (c) the Chief Executive, Te Ohu Kaimoana, Wellington [102] The applica...

4. [2014] NZEmpC 23 Greenslade v Jetstar Airways Ltd [pdf, 293 KB]

   ...the strength of his other claims against the defendant, the plaintiff elected not to pursue (at least fully) these good faith/estoppel causes of action but we conclude, in any event, that they fail for want of proof. Decision of proceeding [101] The plaintiff succeeds in his claims for breach of his individual agreement and of s 69ZD of the Act. The defendant’s defences fail comprehensively and ultimately because of its failure to establish the application of s 69ZH(2) to its c...

5. MacNaughtan v Accident Compensation Corporation (Treatment Injury/Causation) [2023] NZACC 160 [pdf, 327 KB]

   ...ongoing lip issues, the unpleasant discolouration of facial pigment, and because he seemed rather stressed. At the time we were unsure of the reason for stress, but put it down to the changes to his facial appearance, and probably school exams. [101] His father also recorded that between 20 May and c 24 June, his son took about 55 x 10 mg Oratane (Isotretinoin) tablets. [102] The medical notes of 27 July 2016 record that Dr Gould rang the appellant’s father and the note is: Exc...

6. MfE - Supplementary - T A D Ensor - Planning (18 March 2021) - Appendix A [pdf, 366 KB]

   ...permit. [100] Policy 10A.2.1(d) requires any existing residual flow, minimum flow and take cessation conditions to essentially be ‘rolled over’. That is not relevant here as the existing RWL ‘deemed permits’ have no such conditions. [101] Policy 10A.2.1(e) requires that there is a reduction in the volume of water allocated. In this case I understand that RWL have applied for less volume than they could take under their existing deemed permit and that so that policy requi...

7. 01.-Evidence-of-Mr-Lonnie-Dalzell-Waka-Kotahi-Project-Overview64017177.1.PDF [PDF, 855 KB]

   ...being proud of what we have all done. Part of the procurement process is the selection of capable contractors who understand how to work positively with others, manage risks, and comply with consent conditions and environmental requirements. 101. Since working on Transmission Gully seven years ago I have seen the industry have a dramatic shift in the approach to requirements such as environmental controls. Sediment retention devices are now a 'must' rather than a &...

8. Dawson v Auckland Council [2011] NZWHT Wellington 36 [pdf, 242 KB]

   ...That was a convenient label describing new cause which intervenes and removes all causal potency from the original negligence. The intervening cause can arise from the conduct of a third party or from the conduct of the plaintiff himself. [101] While the Supreme Court was contemplating obtaining a LIM the comments are equally applicable to other steps that would lead to a prospective purchaser being on notice of issues, particularly in light of Jung v Templeton, a case not c...

9. Middlemass & Ors as Trustees of the SE & SD Middlemass Family Trust v NZ Log Chalets Ltd [pdf, 144 KB]

   ...consent met the statutory requirements. In particular, Mr Lawrence who gave evidence for ODC – he was the building control manager for Rotorua District Council – considered the information available to ODC to be completely adequate. [101] Mr Lawrence’s evidence was interesting and unusual. He said that his Council had experienced no problems with the workmanship of NZLC (which is a Rotorua based company). He also said that so far as inspections were concerned, his insp...

10. Armfield v Naughton [2014] NZHRRT 48 [pdf, 167 KB]

    ...points away from the Armfield property or by the use of masking software, or by both. Within seven days of this decision Mr Naughton is to give written confirmation to Mr Armfield, Ms Halls or their solicitor that these steps have been taken. [101] We come now to the remedies of a declaration and damages. Declaration [102] While the grant of a declaration is discretionary, declaratory relief should not ordinarily be denied. See Geary v New Zealand Psychologists Board [2012] NZHC 384...