Search Results

1. [2013] NZEmpC 56 Hamon v Coromandel Independent Living Trust [pdf, 132 KB]

   ...confidentiality except for one possibility, the Court of Appeal then stated: [41] We now return to the question of public policy considerations. As the Employment Court stated, it may be that such considerations require s 148 be interpreted so as to permit evidence of serious criminal conduct during a mediation to be called, including evidence from the mediator. [42] An example given by Sinclair J in Milner v Police (1987) 2 FRNZ 693; (1987) 4 NZFLR 424 (an authority to which Mr...

2. Dooley v Canterbury District Health Board (Strike-Out Application) [2018] NZHRRT 34 [pdf, 167 KB]

   ...justify leaving these proceedings unresolved indefinitely, particularly when Mr Dooley has given no indication of when his health status will change sufficiently to allow him to prosecute his claim with appropriate diligence. The delay cannot be permitted to continue and for this reason alone the proceedings must be struck out. [22] There is also the fact that there has never been any basis for proceedings to be brought against the CDHB or for the proceedings against the SCDHB to allege...

3. Ron-Mansfield-submisisons-for-Mr-Tarrant.pdf [pdf, 322 KB]

   ...requested in order to address this issue. 1.3 As to Mr Tarrant’s position on the scope of this inquiry, he is in favour of this coronial process and does not oppose the inquiry’s core work. However, he seeks that the enquiry be kept to the issues permitted and not extended to irrelevant matters. He also seeks that his privacy and confidentiality interests be respected, as they would be for any individual, and that information disclosures only occur consistently with this. 1...

4. BL v K Ltd [2023] NZDT 176 (1 June 2023) [pdf, 193 KB]

   ...simple interpretation of clause 7, previous work with a client does not invalidate the activity of a [Consultant] who enters their name in [system]. In fact, clause 7 anticipates a situation where has been no activity on [system] for 30 days, and this permits another [Consultant] to take the client. This clearly anticipates a situation where one person starts working with a client and someone else takes over the project. However, BL was the first [Consultant] entered into [system], theref...

5. ORC PC7 Hearing Schedule - 21.05.2021 [pdf, 156 KB]

   ...(10min) Court (45min) ORC (45min) OWRUG *Witness to be re-called Brendan Sheehan Engineering Evidence TBC ORC *Witness to be recalled, TBC Dr Antonius Snelder Planning Water Quality Supplementary Evidence TBC TA's *Placeholder if time permits for the TA's to re-commence their case early Adjourn Thursday 27 May 2021 - Hearing Day 34 - Dunedin (9.30am Start, 5pm Adjournment) Party Reference / Submission No. Name of Representative Subject (if provided) Position Eviden...

6. DR v BU Ltd [2022] NZDT 199 (22 November 2022) [pdf, 135 KB]

   ...land. I am also satisfied that the authority applies, whether unauthorised cars are found to be parked in the carpark due to monitoring by the respondent or as a result of a call to the respondent by the owner of the carpark or the person who holds a permit to park there. 8. The applicants raised several arguments that there were inconsistencies about the way the tow was conducted and the information they were given after the tow. While this may have been the case, this did not negate...

7. [2010] NZEmpC 95 Musa v Whanganui DHB & Anor [pdf, 21 KB]

   ...employment agreement by publishing additional remarks that were derogatory of him. [6] The remedies claimed by Mr Musa include penalties for each of the breaches as provided for in the statute (which penalties he says should be paid to him as permitted by law in recognition of the harm suffered by him), a compliance order requiring the second defendant to comply with the original terms of the settlement agreement of 26 March 2008, and costs. [7] The penalties claimed are civil pen...

8. [2012] NZEmpC 118 Hamon v Coromandel Independent Living Trust [pdf, 69 KB]

   ...confidentiality except for one possibility, the Court of Appeal then stated: [41] We now return to the question of public policy considerations. As the Employment Court stated, it may be that such considerations require s 148 be interpreted so as to permit evidence of serious criminal conduct during a mediation to be called, including evidence from the mediator. [42] An example given by Sinclair J in Milner v Police (1987) 2 FRNZ 693; (1987) 4 NZFLR 424 (an authority to which Mr...

9. [2016] NZSSAA 54 (16 June 2016) [pdf, 31 KB]

   ...in good faith; (d) the beneficiary changed his position believing he was entitled to receive the money and would not have to repay it; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [22] Pursuant to s 86(9B) of the Act, the term “error” includes: (a) the provision of incorrect information by an officer of the Ministry; (b) any erroneous act or omission that occurs during an investigation of benefit...

10. Duty lawyer instructions for Dunedin District Court [pdf, 120 KB]

    ...bring to the team as a whole. Dunedin DC duty lawyer instructions Oct 2011 5 of 6 29. Only duty lawyers on the Dunedin District Court’s roster are eligible to undertake sessions as a replacement. 30. “Swapping” of sessions is not permitted. Swapping involves changes to two rostered days each time there is a replacement, and undermines the overall objective of providing a roster that meets the court’s requirements. Saturdays and public holidays 31. Duty lawyers ap...