Search Results

1. [2021] NZEnvC 103 Wyuna Preserve Residents Association Incorporated v Queenstown Lakes District Council [pdf, 19 MB]

   ...more stringent curfew restrictions. Potentially, for example, the NMP could impose longer curfew hours for types of operations and/ or times of the year, subject to consideration of both greater noise sensitivities and commercial imperatives. [101] We find no present evidential basis for setting movement caps within D 239. However, we find it appropriate to enable capacity to set such caps via the NMP. Should D 239 enable buildings? [102] Wyuna seek that D 239 include a conditio...

2. Deputy Registrar v Moeahu – Lot 1 DP 17494 Part Section 2345 New Plymouth (Old Railway Station) (2021) 437 Aotea MB 3 (437 AOT 3) [pdf, 550 KB]

   ...investment which they know to be unauthorised the trustees may deliberately commit a breach of trust but if they do so in good faith and in the honest belief they are acting in the interests of the beneficiaries their conduct is not fraudulent... [101] Following his investigation, Mr Webster noted several areas of concern relating to the trustees’ actions and conduct in terms of the administration and finances of the trust. As he outlined in his report, the trustees acted with a...

3. [2007] National Distribution Union Inc v General Distributors Ltd AK AC 7/07 [pdf, 269 KB]

   ...union employee received the same or substantially the same wage increase as a member of the union in an identical position.. Mr Langton submitted that it would be difficult for the Court to find for a claim under s59B(2) without such evidence. [101] GDL says that such evidence as was adduced, albeit in general terms only, tended to show that while the wage rates in the collective agreement were derived by a flat rate increase of 60 cents per hour, individual non-union employees were...

4. Holmes v Housing New Zealand Corporation [2014] NZHRRT 54 [pdf, 214 KB]

   ...from Garry Williams. [100] It is now necessary to examine the external perspective, that is what HNZC told its tenants about the IRR application process. The external dimension – what HNZC told its clients about the IRR application process [101] The IRR application forms in use prior to and subsequent to the January 2005 implementation date have minor differences but none of these differences are material to the present point. [102] To the intending IRR applicant in receipt of in...

5. Auckland City Council as Assignee v Irwin [pdf, 196 KB]

   ...which the claimant (now the Auckland City Council as assignee) sought: "… a determination of [the third and fourth respondents'] apportioned contribution to [the following items of] damage" and these were set out as: 3.10.1 Cost of repairs 811,925.00 3.10.2 Costs (consultants) 4,134.00 3.10.3 General damages 25,000.00 Total $841,059.00 3.11 The nature of the claim had therefore changed significantly from that which had been anticipated by the WHRS...

6. Baker v Paora - Te Tii Waitangi B3 (2015) 113 Taitokerau MB 31 (113 TTK 31) [pdf, 1 MB]

   ...not regularly attending trustee meetings. In my view, the best approach to addressing this issue is to address the point in cl 5.5 by requiring trustees to attend 75 per cent of the monthly meetings (as I have already done in cl 5.5.1(f)). [101] Second, the beneficiaries propose a dispute resolution clause for trustees to follow but did not set out any particular provisions. Further, it was proposed that the trustees can vote to remove a trustee at any trustee meetings. Neither...

7. [2019] NZEmpC 151 Zhang v Telco Asset Management Ltd [pdf, 537 KB]

   ...centre. There is no evidence that he took that issue further at the time. [100] Ms Sim told the Court she had good reasons for taking the steps she did, and that she had explained these to both Mr Zhang and Ms Xu on many occasions. [101] In his evidence in reply, Mr Zhang maintained his concerns, stating that the process of deferral and writing off costs which had been referred to by Ms Sim was not reliable. He also said that an inventory standard published by the New Z...

8. Research report: Without notice applications in the Family Court [pdf, 1.7 MB]

   ...issues of serious injury, undue harm, risk to the safety of the applicant and/or their children and the risk of children being removed from the country. It is possible to receive an interim order immediately, and lawyers are able to be involved. 101. What we know from this research is that nearly most interviewed applicants consider their own situations as “urgent”. A new middle ground has been created where time-sensitive issues – not at risk of serious injury – are being pro...

9. Diane Jean Lucas - Evidence in Chief [pdf, 1.1 MB]

   ...Respondent STATEMENT OF EVIDENCE OF DIANE JEAN LUCAS ON BEHALF OF MOTITI ROHE MOANA TRUST Dated 09 November 2016 Counsel Acting: Rob Enright Barrister Northern Steamship Chambers Level 1, 122 Quay Street Britomart 1010 e: rob@publiclaw9.com m: +64 21 276 5787 mailto:rob@publiclaw9.com INTRODUCTION 1. My full name is Diane Jean Lucas. I am a landscape architect specialising in landscape planning. I am director of Lucas Associates, a landscape...

10. Cooper v Wellington City Council [pdf, 237 KB]

    ...leaking 28 Claim 2171:Determination 26.09.2001 Mr Drysdale-Smith and Mr Whitefield of WCC visited property and made notes on Inspection Checklists ??.11.2001 Final payment made by Owner 06.10.2003 Builder advised MBS problems with leaks 10.10.2003 MBS visited property 15.10.2003 MBS visited property with builder and owner 20.10.2003 MBS visited property and prepared report 21.10.2003 MBS visited property with builder and owner 22.10.2003 MBS meeting with builder 05....