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1. ENV-2016-AKL-000xxx Sargisson & Barnes v Auckland Council [pdf, 3 MB]

   ...with the objectives and policies for the SHZ; (e) If the area of Judges Bay we request revert to the SHZ were to remain zoned MHS as the Council’s decision confirmed, the permitted level of development and the development controls and performance standards for the MHS zone that enable more intensive development on smaller sites would enable a form and character of development that would adversely affect existing and future character and amenity values; (f) The re-zoning de...

2. Granting aid for Waitangi Tribunal matters policy [pdf, 851 KB]

   ...claims brought by Maori relating to actions or omissions of the Crown. Unlike other Commissions of Inquiry which may be set up, legal aid is available for claimants appearing before the Waitangi Tribunal. 2 8. Legal Aid Services may seek information from the Waitangi Tribunal at any time on issues regarding the nature and extent of a claim, the relationship between the claim and other claims, and other matters relevant to grants of legal aid for that claim. Section 49 of the Act...

3. [2011] NZEmpC 31 Ravnjak v Wellington International Airport Ltd [pdf, 262 KB]

   ...covered by s 52 as enacted in 1974 when, as a matter of judicial notice, I find such digital/electronic technologies were still to be invented or at least not yet in use. Mr Burton submitted that if Parliament had intended s 52 to extend to other forms of record gathering and record keeping, it would have used phrases of more general expression. Counsel pointed to s 4 of the PISG Act which uses the catch-all “or similar device[s]” in relation to cameras so that the use of digit...

4. LCRO 229/2017 and 021/2018 VL v YN (8 May 2019) [pdf, 257 KB]

   ...YN, Ms AD sent the following email at 1.48 pm to the vendor’s lawyer (Mr NL): Dear Mike We refer to the Agreement for Sale and Purchase dated 29 November 2016 and your fax dated 5 December 2016. Our purchaser client has instructed us to inform you that all conditions of this contract have been satisfied. This contract is therefore unconditional. We record that settlement is set down for Friday 27 January 2016. Please advise your e-dealing contacts and we look forward to receiv...

5. LCRO 192/2017 KY v QW, Official Assignee (27 September 2019) [pdf, 141 KB]

   ...apologised. [26] He says upon Mr GC’s subsequent retirement as a partner, and the Official Assignee later “becoming aware of the missing files/transactional information”, those responsibilities fell to him. He says he provided the information requested to the Official Assignee upon discovering Mr GC had not done so. (2) Application of funds received [27] Mr KY submits that following the demand made by the barrister in August 2013 for payment of outstanding fees, his “in...

6. [2008] NZEmpC AC 49/08 Clear v Waikato DHB [pdf, 109 KB]

   ...conflict was their different perceptions of who was responsible for individual patients. Ms Clear believed that patients were “hers.” From Mrs Parata’s point of view, generally the patients were cared for by a team of midwives unless one requested a particular midwife to care for her. This led to mutual antagonism. [25] Midwives who had worked at the Tokoroa Maternity Ward from the 1970s onwards gave their views about this relationship and the working environment. Whi...

7. LA Provider Manual Part 1 - provider approvals [pdf, 990 KB]

   ...Chapter 1 – Submitting an application Overview Process The diagram below illustrates the process for how applications for approval are assessed. This chapter focuses on the information submitted by the applicant. Further information requested. If not received by date given, application is returned. Application assessed and sent to Selection Committee Application received and checked it is complete Complete Not complete Complete If approved, applicant may be of...

8. ENV-2016-AKL-000274 Rockfield Trust v KiwiRail Holdings Limited [pdf, 15 MB]

   ...Proceedings You may be a party to the appeal if: a) you made a submission on the matter of this appeal; b) within 15 working days after the period for lodging a notice of appeal ends, you lodge a notice of your wish to be a party to the proceedings (in form 33) with the Environment Court and serve copies of your notice on the relevant local authority and the appellant; and c) within 20 working days after the period for lodging a notice of appeal ends, you serve copies of your notice...

9. [2017] NZEmpC 150 Prasad v LSG Sky Chefs Ltd [pdf, 492 KB]

   ...relationship is. This is particularly so in cases involving vulnerable workers. [20] The sort of bright-line test advanced on behalf of the defendant runs the risk of obscuring the practical realities of working relationships, and focusing on form over substance. That is not an approach mandated by the Employment Relations Act, and is at odds with the underlying objectives of the legislation (including addressing inherent imbalances in bargaining power).9 [21] The full Court...

10. LCRO 197/2017 SM v HW (29 March 2019) [pdf, 293 KB]

    ...resolved under the Property (Relationships) Act 1976. [10] At 10.02 am on 22 December 2016, Ms SM’s lawyer stated (in her accompanying 21 December 2016 letter) that Ms HW, by acting for Mr JK and his parents against Ms SM was conflicted, and requested Ms HW to reconsider. Ms SM’s lawyer repeated that Ms SM wanted both properties sold, the sale proceeds held pending a Court order, and stated Ms SM did not agree to any funds being paid to Mr JK’s parents. [11] In response by...