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1. Māori Trustee v Forde – Section 186 Block V Longwood Survey District (2013) 17 Te Waipounamu MB 152 (17 TWP 152) [pdf, 206 KB]

   ...defines marine and coastal area as: marine and coastal area— (a) means the area that is bounded,— (i) on the landward side, by the line of mean high-water springs; and (ii) on the seaward side, by the outer limits of the territorial sea; and [101] The applicant submits that in the event the beach road remains unformed in 2016, it will become part of the marine and coastal environment and Section 186 will have no legal access as well as no reasonable access. [102] The respond...

2. [2018] NZEnvC 190 Jacks Point v Queesntown Lakes District Council [pdf, 7.1 MB]

   ...final determination of whether GBT has an interest greater than the interest the general public has in the relevant matters in the UCESI appeal is reserved until evidence on those matters is heard. MCL: UCESI appeal Relief sought in the appeal [101] I refer to [95] for a summary of the relief sought in the UCESI appeal. Interest that the general public has ill the proceeding [102] I refer to my findings at [96]. Interests asserted to be greater than the general public has [103...

3. Canterbury / Westland Standards Committee 3 v Johnson [2018] NZLCDT 5 [pdf, 464 KB]

   ...Properties Limited v D J Freeman & Co:41 “An inexperienced client will need and be entitled to expect the solicitor to take a much broader view of the scope of his retainer and of his duties than will be the case with an experienced client.” [101] We have also been referred to the text Ethics, Professional Responsibility and The Lawyer where the following passages are relevant:42 “In the absence of clear indications that the contrary was intended, it is presumed that the...

4. [2013] NZEmpC 35 Tan v LSG Sky Chefs NZ Ltd [pdf, 204 KB]

   ...Should my conclusions that Mr Tan had no right to elect to transfer to LSG be successfully challenged and if the parties are unable to resolve that issue then I reserve leave for them to apply to the Court to have this distinct matter resolved. [101] As to the issue of whether Mr Tan was entitled to a separate office with a computer, to have contact with relevant employees as he did at PRI and was not required to wear a uniform, I am not persuaded that these were terms and condition...

5. LCRO 162/2018 BQ v XR (29 September 2020) [pdf, 267 KB]

   ...BQ does not, in my view, provide either a fair or accurate assessment of Mr XR’s position. [100] It is sound and prudent advice for a lawyer at commencement to counsel their client as to the benefits and advantages of attempting settlement. [101] Avoiding having their client become ensnared in prolonged and bitter argument over division of relationship property is a laudable objective for any lawyer, but it is not an objective that is properly achieved by demand that their client...

6. [2021] NZEmpC 186 Restaurant Brands Ltd v Gill [pdf, 349 KB]

   ...been ranked as a possible candidate for the role, was not appointed to it. In the absence of any evidence to the contrary, there continues to be an inference that as at 6 March 2019, she was not interested or available to fill an ARGM position. [101] Mr Gill did not respond to Ms Douglas’ email of 6 March 2019, because he was confused by its contents. However, a suggestion that his role had in fact now become “vacant”, requiring prompt consultation, would not have been confusi...

7. [2011] NZEmpC 1 Gyenge v Clifford Lamar Limited [pdf, 221 KB]

   ...duties and obligations under the Act and the Apprenticeship Training Agreement, the defendant had the specific obligations and duties set out in the employment agreement, including those in clause 10 which provided: 10. Employer’s duties 10.1 The Employer will: a. Treat the Employee fairly and properly in all aspects of employment. b. Provide the Employee with good working conditions and reasonable facilities; c. Provide all training and instruction reasonably nece...

8. [2023] NZEnvC 223 MacFarlane Investments Ltd v Queenstown Lakes District Council [pdf, 490 KB]

   ...design of option 1 identified by Beca. In part, that was due to the length of the setback, although in Mr Carr’s observation the setback was little different to others that already accommodate high traffic volumes and larger 27 vehicles. [101] Mr Carr disagreed with Beca’s conclusion that the length of the setback in the design of that option would affect intersection efficiency. Option 1 involved no requirement for the objector’s land. Options 1 and 2 each provided f...

9. Matthews v Matthews - Estate of Graham Ngahina Matthews (2010) 253 Aotea MB 250 (253 AOT 250) [pdf, 200 KB]

   ...Kumuiti 2B and 2C 25.0400 15.3644 56.4440 $275,000 $74,856 Kumuiti No.3 22.4499 4.5266 15.0000 $190,000 $57,336 Kumuiti No.4 23.4718 17.4641 58.0000 $580,000 $174,641 Matatera 2D 9.2521 .5244 2.4028 $45,000 $9,821 Kapakapa 6B2 41.9684 32.0225 101.000 $125,000 $36,931 $409,615 253 Aotea MB 255 Derivation of shares [10] The shares owned by Mr Matthews were derived as follows: [11] This list demonstrates conclusively that the bulk of the interests the subject of...

10. [2013] NZEmpC 100 NZ Language Centres Ltd Etc v Page [pdf, 241 KB]

    ...signs he showed of reactive clinical depression: mood swings, insomnia, lockjaw, eczema, hyperventilation and digestive disorders for which many treatments had been tried and there was continuing anxiety, stress and financial uncertainty. [101] This evidence was read out to the Court from prepared briefs. It did not have the same impact as apparently the oral evidence had had on the Authority. [102] These matters are greatly ones of impression but on the way the evidence was...