Search Results

1. Proactive-release-Review-of-the-Operation-and-Performance-of-the-Public-Defence-Service-2021.pdf [pdf, 1.5 MB]

   ...role. However, there are very few spots for Principal Lawyers (and only in large offices), so for most that prospect is not compelling. Similarly, the DLS and managerial career pathways focus on managerial and administrative functions which do not appeal to many of PDS’ legal staff. While we acknowledge the presence of alternative pathways, they do not necessarily match the needs of PDS’ lawyers or the development opportunities available outside PDS, which leads to the loss of talen...

2. [2019] NZEnvC 137 Burgoyne v Northland Regional Council [pdf, 8.3 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BElWEEN AND AND Decision No. [2019] NZEnvC 137 of the Resource Management Act 1991 of appeals pursuant to s 120 of the Act against a decision granting resource consent applications for the taking of groundwater from the Houhora, Motutangi and Waiparera aquifer management sub­ units of the Aupouri Aquifer, Northland A BURGOYNE/ TE TAUMATUA O NGATI KURI RESEARCH UNIT (ENV-2018-AKL-121) DI...

3. [2020] NZEnvC 107 Whangarei District Council v Sustainable Solvents Group Limited [pdf, 1.5 MB]

   ...commencement of Level 3. Costs principles [12] The parties have cited in some detail, legal principles surrounding costs which are largely not in dispute. The general principles have been summarized by Judge Dwyer and affirmed by the Court of Appeal in Walmsley v Aitchison.3 [13] Judge Dwyer correctly identified the relevant principles as follows: [19] section 285 is couched in broad terms and bestows a wide discretion on the Court. It is well recognised that the discretion must b...

4. Emmerson - Succession to Beatrice Annie Loper [2020] Chief Judges MB 692 (2020 CJ 692) [pdf, 402 KB]

   ...section the will to which the extension related, if it had become null and void by virtue of this section, was deemed to be revived. In this case, the 16 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 17 Māori Affairs Act 1953, ss 110-111; Administration Act 1952; and the Wills Act 1837 (UK). 2020 Chief Judge’s MB 708 Māori Trustee discussed applying for an extension of time with the beneficiaries of the will who...

5. Gamble - Hopa Heremaia Trust [2021] Chief Judges MB 18 (2021 CJ 18) [pdf, 353 KB]

   ...and Waru Reihana are the children of Pirihira, a daughter of Hopa Heremaia. [10] She claims that Pitawai and Waru Reihana are not children of Pirihira. Her view is that Pirihira died without issue. 3 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167). 2021 Chief Judge’s MB 37 [11] She wants these shares from Hopa Heremaia transferred to the Hopa Heremaia Trust. [12] At the hearing the applicant’s position was supported by Alec Hopa Heremaia as the chairman of th...

6. [2011] NZEmpC 125 Angus v Ports of Auckland Limited [pdf, 160 KB]

   ...non-exhaustive because of 4 See, for example, New Zealand Educational Institute v Board of Trustees of Auckland Normal Intermediate School [1992] 3 ERNZ 243 (Labour Court) affirmed by the Court of Appeal in New Zealand Educational Institute v The Board of Trustees of Auckland Normal Intermediate School [1994] 2 ERNZ 414; Lewis v Howick College Board of Trustees [2010] NZEmpC 4, [2010] ERNZ 1; Jinkinson v Oceana Gold (NZ) Ltd [2010]...

7. [2013] NZEmpC 28 Maori Hill & Balmacewen Pharmacy Ltd v O’Sullivan [pdf, 205 KB]

   ...not satisfied that she was dismissed by Mr Vohora on 3 May or at a later date. I do however consider that Ms O’Sullivan was unjustifiably constructively dismissed. [44] In Auckland Shop Employees Union v Woolworths (NZ) Ltd, 4 the Court of Appeal identified the following categories of constructive dismissal: (a) The employer gives the employee a choice between resigning or being dismissed; (b) The employer embarks on a course of conduct with the deliberate and dominant pur...

8. [2017] NZEmpC 132 Waikato District Health Board v Archibald [pdf, 457 KB]

   ...“embarrassed”; $6,000 in relation to unjustified action in H v A Ltd [2016] NZEmpC 54 at [153] (little evidence produced in support of the s 123(1)(c)(i) claim, at [150]). In Carter Holt Harvey Ltd v Pirie [1997] ERNZ 648 (CA) at 652, the Court of Appeal described the award of $50,000 in Ogilvy & Mather (New Zealand) Ltd v Turner [1994] 1 NZLR 641 (CA) as the “high water mark” for cases of its kind. It was followed ten years later in the Employment Court by an award of $...

9. Wakelin and Anor as Trustees for the Get In & Walk Trust v Taupo Texture Coatings Limited [2011] NZWHT Auckland 43 [pdf, 206 KB]

   ...suffered considerable stress and anxiety as a result of the leaks to the deck and the ongoing problems and tensions associated with trying to seek a solution. [107] Ellis J in Lee Findlay v Auckland City Council6 concluded that the Court of Appeal decision Byron Avenue7 confirms that the guidelines for awarding general damages in leaky building cases are $25,000 per dwelling for owner-occupiers. 6 Lee Findlay v Auc...

10. CAC20003 v Wright [2015] NZREADT 25 [pdf, 201 KB]

    ...course, but because the defendant’s concerning conduct is not real estate work, we have no jurisdiction to find, or penalise for, unsatisfactory conduct. [83] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr J Gaukrodger Member ____________________________...