Search Results

1. NZCVS-Cycle-5-Impact-of-COVID-Reporting-to-the-Police.xlsx [xlsx, 381 KB]

   ...lockdown % of incidents not reported to the police % of incidents not reported to the police Reason % MoE (±) % MoE (±) Too trivial/no loss or damage/not worth reporting 46.34 2.51 41.78 6.49 Attempted crime was unsuccessful 7.02 1.01 5.61 1.52 ‡ Didn't have enough evidence to report it 13.70 1.84 11.84 2.56 Police couldn't have done anything 25.02 2.49 21.34 4.85 ‡ Police would not have bothered/not been interested 14.67 2.16 14.08 2.84...

2. DV, RL, YS and TB v AR LCRO 316/2013 [pdf, 228 KB]

   ...clients. Whilst the Committee clearly drew comfort from that assurance, the Committee does not directly address the issue as to whether Mr AW was entitled to make the process of accounting to his clients conditional upon the liquidator’s opinion. [101] I will address each of Mr AW’s explanations for his decision not to release funds in turn. 24 Delay in obtaining information from the liquidator [102] At the conclusion of the substantive proceedings in 2009, Mr AW was i...

3. Director-General of Conservation [pdf, 467 KB]

   ...the plan and plan change 9.7 in the case of methods, do not implement or achieve the policies and objectives of the plan and plan change, and/or 9.8 do not represent best resource management practice. 10. I seek the following relief: 10.1. The relief specified in fourth column of Table 1 appended to this Notice of Appeal under the heading “Relief sought”; and 10.2. such further orders, alternative relief, consequential amendments or other amendments as are considered a...

4. Bay of Plenty Regional Council Submissions - 29 November 2017 [pdf, 492 KB]

   ...to particular fishing sectors (such as preferring recreational or customary takes over commercial) as this could render the provisions unenforceable pursuant to s.6(1) of the Fisheries Act. It is trite that the RMA is not a licensing regime.76 101. The appellant has suggested the regime could be self policing, however this does not address the issue of how Council will respond to complaints. Council is also rightly uncomfortable with the proposition that it should have rules in its...

5. H Trust v Southern Response Earthquake Services Ltd [2019] CEIT-2019-0011 [pdf, 997 KB]

   ...[2002] 2 AC 1, 50F 52 20th Ed 5-034 53 Hobbs & London v. South Western Railway [1875] LR 10 QB 111. 54 Per Staughton LJ in Hayes v James & Charles Dodd [1990] 2 All E.R. 815 javascript:void(0) javascript:void(0) javascript:void(0) [101] One such strategy, is to re-cast the claim for mental distress as a claim for “inconvenience” for which non-pecuniary damages have long been allowed. An example of this strategy can be found in Edwards v AA Mutual Insurance Co where Tom...

6. [2024] NZEmpC 127 Carrington Jade LP v Grant [pdf, 385 KB]

   ...another, where she was “on holiday” 55 Samoa, above n 11, at [28]. 56 Roussy v Minister of National Revenue (1992) 148 NR 74 (FCA) at [7]. 57 Bank of Montreal v United Steelworkers of America 87 CLLC 16,044 (CLRB) at [37]–[38]. [101] There is no doubt that on some occasions, the daily hours worked, and the particular days of the week which were worked, varied, but the point is that there was a consistent expectation on the part of each employer that she would be...

7. Abernethy v Coughlan [pdf, 95 KB]

   ...time as a site manager. [100] Mr Humphrey said he obtained quotes, for the windows etc, and arranged delivery dates. He did a lot of the work as and when required, a lot of it on his cell phone. He would telephone the suppliers. [101] When the problem was discovered with the water flowing from 3 Pupuke Road, the Council instructed what the remedy was and a drain layer was engaged. [102] Concerning the question of whether anybody was responsible for the quality o...

8. [2019] NZEmpC 144 CBA v ONM [pdf, 577 KB]

   ...a pro-rata basis. [100] He submitted that although ONM had placed CBA on unpaid sick leave in 2016, the position had altered by the date of settlement, because by then two medical practitioners had certified she was fit to return to work. [101] Ms Dyhrberg argued that the CEA provided a variety of options for managing sick leave, which could be applied according to the employee’s particular circumstances. Included in the available options was placement of a sick employee on...

9. [2022] NZEnvC 131 Aquaculture New Zealand v Northland Regional Council [pdf, 1.2 MB]

   ...consider that the overall package of provisions meet their concerns. Again, the Council are clearly seeking balanced and workable provisions and have endorsed these arrangements and consider them to be appropriate, given the circumstances. [101] As we have previously said, all parties have been placed in a particularly difficult position because of the promulgation of the regulations during the period in which the plan was proceeding. The approach that the Council might adopt in...

10. J v IAG New Zealand Ltd [2022] CEIT-2019-0068 [pdf, 530 KB]

    ...conciliation suspected pressure was an element so a Geotech report was prepared by Mr Giannakogiorgos and Dr Sutter’s GPR survey was conducted to see if a spring had arisen under the slab. No spring was found, but the perched water was detected. [101] The respondents noted that the experts had not witnessed the moisture despite attending the site during record high rainfall events. They also say that the moisture seen beside the saw cut is particularly problematic as it would req...