Search Results

1. ABR v ZYN and ZYM [2013] NZDT 35 (20 May 2013) [pdf, 91 KB]

   ...particularly in the case of a fire, may be scanty, and partly upon the time within which they have to be furnished. In any case, the assured has not performed his duty adequately unless he had furnished the best particulars which the circumstances permit”. Decision [7] I find that ABR Ltd has proved its loss. There was no doubt in this case that the claim related to a risk insured under the policy: there was evidence of a forcible break-in and video evidence showing the t...

2. [2021] NZEnvC 166 W North Limited v Greater Wellington Regional Council [pdf, 166 KB]

   ...which might imperil the wetland should be halted until the issues can be explored in full- ie at a full hearing of the appeal against the enforcement order. [12] As I see it, the start point is that the appellant company has a resource consent permitting it to complete the subdivision of the land in question. That consent was granted after full and proper process and inquiry by experienced and informed Council staff into the material supplied to support it. There is nothing in any m...

3. [2017] NZEnvC 113 White v Auckland Council [pdf, 199 KB]

   ...[2] She seeks a stay of those notices pending hearing of the appeals. Background [3] There appear to have been two abatement notices issued to the Appellant: • Abatement notice ABC21354784 required the Appellant to cease and not commence permitting the discharge of sediment into the overland flowpath and waterways at 79 Boiler Gully Road, Manukau Heads, Lot 1 DP 432975. This abatement notice required immediate compliance from the date of issue, 7 July. • Abatement notice A...

4. FB v TT Ltd [2022] NZDT 201 (17 July 2022) [pdf, 156 KB]

   ...pursuant to it. That acceptance, by payment of the required deposit, forms the agreed terms of the contract. 4. I must interpret the usual everyday meaning of the words used in the contract to arrive at what the parties have agreed, therefore what is permittable or enforceable or not. 5. TT Ltd relies on 3 clauses in its written quote for this job which it says entitled it to increase the price stated in that quote some 5 months later. I deal each of these clauses below. 6. Page...

5. [2021] NZEmpC 68 A Labour Inspector v Samra Holdings Ltd T/A Te Puna Liquor Centre [pdf, 190 KB]

   ...are now able to be resolved. Conclusion [16] The application for an adjournment is granted. [17] Counsel are to liaise with the Registry to obtain a suitable date for the hearing as soon as practicable after 26 July 2021. [18] Mr Masters is permitted to give his evidence by AVL if he wishes to do so. [19] The sixth defendant is to file and serve his brief of evidence by 4 pm on 24 May 2021. [20] Mr Sharma has confirmed that the fifth defendant intends to give evidence. Acco...

6. [2017] NZEnvC 215 Bathurst Coal Ltd v Selwyn District Council [pdf, 1.1 MB]

   ...("BCl") with an abatement notice requiring the following action: Cease, desist and not recommence from the date this notice Is served on you, all truck and trailer movements to and from the site (as defined below) In excess of that number permitted by condition 1, resource consent R303578 ("the activity"), the permitted number being 80 truck and trailer movements per week to and from the site, comprising 40 truck and trailer movements to and from the site. [2] BC...

7. Coroner position description [docx, 22 KB]

   ...has died; and 1. the public good associated with a proper and timely understanding of the causes and circumstances of deaths; and (c) provides for an independent coronial system for investigations of deaths by coroners liaising with other authorities permitted or required by law to investigate those deaths. Coroner’s role The role of coroner is set out in section 4 of the Act. A coroner’s role in relation to a death is – (a) to receive a report of the death from the New Zealand Pol...

8. [2017] NZEmpC 88 Application for access to court documents [pdf, 88 KB]

   ...File ARC 56/08. [3] In AFT’s application he specifies the documents he wishes to access. These are set out as follows: All filings connected with the case, including affidavits, letters, emails, administrative notes, notices etc permitted by the description in Part A of schedule 2 of the Senior Courts Act 2016, which deals with access under ss173 and 174 of the Act. I am also seeking access to witness lists, transcripts of evidence and recordings of hearings that may...

9. [2023] NZEmpC 115 Carrington Resort Jade LP v Maheno [pdf, 226 KB]

   ...2000 (the Regulations) states that any defendant who fails to comply with the 30-day time limit for filing a statement of defence may only defend the proceedings with leave from the Court. Further, s 221(c) of the Employment Relations Act 2000 permits the Court to extend the time within which anything is to be done. The exercise of discretion in s 221(c) is 2 Dated 22 February 2023 and filed 23 February 2023. not subject to any statutory criteria, and like any other dis...

10. Environment Court COVID-19 Protocol - September 2022 [pdf, 166 KB]

    ...tested positive for COVID-19 within the last 7 days may not enter. 2. Court Buildings remain open to the public, but for health and safety reasons there may be limits on the number of people who are not directly involved in proceedings who are permitted to be physically present in courtrooms and premises used for hearings/mediations/expert conferencing. Masks 3. All persons entering court buildings may wear a surgical mask or a KN95 mask, and are encouraged to do so when mov...