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1. [2021] NZEnvC 064 SKP Incorporated v Auckland Council [pdf, 1.3 MB]

   ...to be found entirely ins 285, which gives the Coutt a general and unfettered discretion to make an award of costs. The Environment Court Practice Note 2014 also sets out guidelines in relation to costs. However, it does not create an inflexible law or practice. 8 [8] In determining an application for costs the Court will make t\vo assessments. 9 The first assessment is whether it is just in the circumstances to make an award of costs. The second assessment, having determined an awar...

2. 2021-07-05 Fish and Game - Closing Submissions [pdf, 342 KB]

   ...within the scope of Fish and Game's submission. New water permits - the relief sought is "about" or "on" the Plan Change 26 Fish and Game agrees with ORC's summary on the principles of scope and the applicable case law regarding what "on" the plan change means, but does not agree that the relief sought is out of scope of the plan change as notified. 27 PC7's Objective 10A.1.1 as notified explicitly referred to it establishing an int...

3. CAC20005 v Sengupta [2015] NZREADT 81 [pdf, 269 KB]

   ...leaving five people had terminated their management services with Buy Realty and that by 20 April eight rental properties had been lost. [7] The Tribunal then heard from Mr Spence, the Private Investigator who had been instructed by Buy West’s lawyers in 2012 to undertake a search and analysis of Mr Sengupta’s computers. Mr Spence could not recall any details of what he examined but relied upon his written report. The written reports said that he confined his search to the Mac d...

4. [2013] NZEmpC 89 NZ Dairy Workers Union Inc v Fonterra Brands (NZ) Ltd [pdf, 105 KB]

   ...but deals with the calculation of compensation. In addition this process of change to roster and shift patterns does not, in fact, give rise to a true redundancy as that is defined in cl 6.3.1 of the cea or as generally understood in employment law. However, if the choice of being made redundant is selected, then cl 6.4 of the cea comes into play, but merely for the purposes of providing the basis for the calculation of compensation to be paid to the worker who chooses that option...

5. LCRO 130/2017 HS v NC and EH (18 September 2019) [pdf, 260 KB]

   LCRO 130/2017 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN HS Applicant AND NC and EH Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr HS has applied for a review of a decision by the [Area] Standards Comm

6. Ikbarieh v Hammadieh [2014] NZIACDT 49 (15 April 2014) [pdf, 168 KB]

   ...following terms: [26.1] On 26 March 2012, the complainant asked for a “signed and stamped agreement”, noting he had not received any official copy from the adviser. [26.2] The adviser replied the following day saying each country has its own laws on what makes a valid contract, there were no company seals in Australia and the agreement was valid. [26.3] In response, the complainant said that was fine, but since he had signed it at least a signature from the adviser or a represent...

7. Investment brief: Cognitive-behavioural therapy [pdf, 275 KB]

   ...S. (2007). Effects of cognitive-behavioral programs for criminal offenders. Campbell Systematic Reviews 2007:6 Lipsey, M. & Cullen, F. (2007). The Effectiveness of Correctional Rehabilitation: A Review of Systematic Reviews. Annual Review of Law and Social Science, 3. Lipsey, M. (2009). The primary factors that characterise effective interventions with juvenile offenders: a meta-analytic overview. Victims and Offenders, 4(2). Little, G. (2005). Meta-analysis of moral reconation...

8. Whiles-Clarry v Standing [2011] NZIACDT 18 (6 July 2011) [pdf, 119 KB]

   ...Complainants are seeking a refund of fees of £2,500 and compensation of £4,000 (loss of income - $600/week for 16 weeks). [8] The Adviser claimed: [8.1] The issue could not be referred to the Tribunal as the events were prior to “the new licensing law [May 2009] being introduced”. [8.2] The advice regarding the appropriate visas/permits to apply for was correct. [8.3] He would not comment on the retention of the passport as that was Ms Climo’s conduct. [9] The minute stated...

9. [2012] NZEmpC 185 Yang v L E Builders Ltd [pdf, 165 KB]

   ...on 22 August. On 30 August he was called to a meeting with Mr Lu, along with another worker. At the meeting both men were advised that they were not to come back the following week. No explanation was offered for this turn of events. The law [15] Section 6 of the Employment Relations Act 2000 (the Act) defines “employee” as follows: 4 4 Emphasis added. 6 Meaning of employee (1) In this Act, unless th...

10. Blayney v Taueki – Ihaia Taueki Trust (2013) 303 Aotea MB 81 (303 AOT 81) [pdf, 128 KB]

    ...the proposal could be accepted. They also wanted to take the proposal to the beneficial owners. Such differences between trustees are commonplace and ordinarily need not concern the Court. They are matters for trustees to debate and decide. The Law [36] Express power to remove a trustee is provided in section 240 of Te Ture Whenua Māori Act 1993: The Court may at any time, in respect of any trustee of a trust to which this part applies, make an order for the removal of a truste...