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1. [2015] NZEmpC 44 Mana Coach Services Ltd v the New Zealand Tramways and Public Transport Employees Union [pdf, 401 KB]

   ...contract of employment that his claim to salary against the Council was to be considered in the same way as such a claim under a contract of employment. That finding is not at issue in this case before me and is related only as background. [101] Importantly for the purposes of this case, the House of Lords determined that to succeed in his claim to arrears of wages, Mr Miles had to establish that he was ready and willing to perform the services required of him by the Council but it...

2. 19.-Evidence-of-Mr-Nick-Goldwater-Terrestrial-and-Wetland-Ecology.PDF [PDF, 622 KB]

   ...is set out in Schedule 7. 100. Finally, Forest & Bird seeks a form of guaranteed funding to ensure the upkeep of the predator-proof fence and ensure enrichment of plantings in the event of stochastic events such as flooding or drought. 101. My previous responses have largely addressed concerns about the long-term survival of offsets to ensure no net loss of biodiversity. At this stage, Waka Kotahi cannot add anything more regarding the upkeep of the predator-proof fence a...

3. LCRO 239/2020 DP v FJ obo RK (25 June 2021) [pdf, 356 KB]

   ...their client with a final account within a reasonable time of concluding a retainer, requires the lawyer to “provide with the account sufficient information to identify the matter, the period to which it relates, and the work undertaken.” [101] In my view and as a matter of common sense, this contemplates an invoice which separates out fees for legal services from disbursements. Best practice would 26 See r 9 of the Rules: “A lawyer must not charge a client more than a fee th...

4. [2022] NZEmpC 5 VMR v Civil Aviation Authority [pdf, 519 KB]

   ...these views unduly influenced the actions and attitude of CAA. This created at least a strong impression of pre-determination, and a blinkered approach to the various issues and to possible solutions raised in good faith by the plaintiffs. [101] These dynamics also resulted in ongoing coercion of the plaintiffs as, even after they made their concerns about the safety of the novel vaccination clear, their 17 At [143]. submissions and suggested solutions fell on deaf e...

5. 29a.-Appendix-A-to-the-Evidence-of-Ms-McLeod-O2NL-Conditions-Evidence-Version-Tracked.pdf [pdf, 2.4 MB]

   Ōtaki to north of Levin Highway Project PROPOSED CONDITIONS: EVIDENCE VERSION (TRACKED) 1 DRAFT CONDITIONS Drafting notes Base version: The base document used to set out amendments to the proposed conditions as notified (dated 28 November 2022). Evidence version: The evidence version includes further amendments to the conditions that are: • amendments proposed in the Waka Kotahi response to the request for further information made under section 92 of the Resource

6. Auckland District Law Society v Dorbu [2010] NZLCDT 9 [pdf, 217 KB]

   ...so, that they are not in fact solicitors” pp 214-5 [100] This has an analogy here as Mr Dorbu claimed that by describing himself as a barrister he did not hold himself out as a solicitor. The case does not support Mr Dorbu’s argument. [101] Dempster was referred to by this Tribunal’s predecessor in ADLS v McKee, 3 March 2003. Mr McKee was involved in negotiations, he drew settlement statements, he attended on the settlement, he attended to matters such as the Building C...

7. [2023] NZEnvC 071 Fraser Auret Racing v Rangitikei District Council [pdf, 937 KB]

   ...business if tl1is was to be established at the MIDA. 26 [93] Because of a lack of reliable data, Dr Hazledine explained tl1at he had not seen fit to undertake his own cost/benefit analyses for tl1e plan change. DisCllssion and Finding 011 the Eco110111ic Evidence [94] \Vhile discussions between tl1e debarking company and tl1e Council would appear to be relatively well advanced, as Jvir Begg pointed out, in tl1e absence of an approved plan change, it has not been possible for the par...

8. Emtage v Accident Compensation Corporation (Revocation of Cover) [2023] NZACC 84 [pdf, 522 KB]

   ...demonstration of what she did to release the bin on the day of the accident and that with her right raised knee and foot “hooking the bin”, it left her in a position where the drum plate came down with force to a horizontal position and injured her. [101] He submits: … my general observation is that Nicola, after four years of the job was able, without notice or rehearsal to repeat a well established routine consistent with her previous experience based on the honed instinct...

9. [2022] NZEnvC 174 Transpower New Zealand Limited v Northland Regional Council [pdf, 4.9 MB]

   ...force”. [100] Some of the provisions addressed in this determination have the potential to conflict with the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NES-F) in relation to coastal wetlands. [101] As previous decisions have set out,8 the burden of plan alignment is on the Council, not the Court. The Council has adopted an interim measure to include in the proposed plan a statement as follows: 7 Email from Registry to parties date...

10. OIA-113021.pdf [pdf, 5.4 MB]

    ...the Cultural Capability programme remains. Vote 2023/24 2024/25 2025/26 2026/27 2027/28 Operating Total Capital Total Courts - (0.928) (1.250) (1.250) (1.250) (4.678) - Out of Scope Out of Scope Page 99 of 102 The following pages (100 - 101) have been removed as they are out of scope of your request.RE LE AS ED U ND ER T HE O FF IC IA L IN FO RM AT IO N AC T 19 82 40 Mana Ōrite Agreement This savings initiative returns funding for the agreement between Ju...