Search Results

1. [2007] NZEmpC CC 8/07 Employee v Employer [pdf, 87 KB]

   ...substantial and, in most cases, fatal to the application. Where the application is for an extension of time to a file statement of defence, the importance of this factor is very much less. This is because the interests of justice are different. Permitting a party to participate in the resolution of a dispute which is already properly before the Court is fundamentally different to permitting a party to renew a dispute before the Court which the other party is entitled to beli...

2. Colmore v ACC 2014 NZACA 19 [pdf, 82 KB]

   ...income received in the late 1980s from Social Welfare could not be taken as the basis for the assessment of 7 his LOPE entitlement. The provisions of sections “53(5)” (this should be section 53(9)) and 63(5) of the 1982 Act did not permit payment of a sum not related to his pre-injury employment income. The Corporation’s determination of the amount of Mr Colmore’s entitlement to ongoing weekly compensation from 1990 was found to be correct. [35] It is from this dec...

3. [2020] NZEmpC 126 McCook v Chief Executive of the Inland Revenue Department [pdf, 228 KB]

   ...turn to the legal position concerning the status of the Commissioner’s privilege, for present purposes. As noted in my earlier Judgment, the only relevant 4 Above at [7]. ground which permits this Court to consider IR’s objection is that it would be “injurious to the public interest” for disclosure to occur.5 [13] Ms Hornsby-Geluk submitted that, on its face, the regulation appears to exclude the operation of s 18(3...

4. Smethurst [2015] NZWHT Auckland 2 [pdf, 139 KB]

   ...inquiries. The oral information they received from the Council and the builder at that time pointed to the building work having been largely completed in 1991. Factual background [5] The information before me establishes that: (a) The building permit for the dwelling was issued in January 1991. Inspections were carried out in January 1991 including inspection of the footings, wing walls, slab and a general site inspection on 30 January 1991. There is no record of any further...

5. Horticulture New Zealand.pdf [pdf, 186 KB]

   ...Environment Neutral HortNZ need to be included in discussions on any changes to the plan change in order to implement the 20% reduction Plans or assessing compliance with those consents. Policy 1 Amend Policy 1(c) to read: Enabling, through permitted activity rules, low density farming and horticultural activities (not including commercial vegetable production), with low risk (individually and cumulatively) of diffuse discharges of nitrogen, phosphorus, sediment and E. coli co...

6. X Ltd v DN [2023] NZDT 282 (24 July 2023) [pdf, 180 KB]

   ...the absence of a Respondent if I am satisfied there is sufficient evidence to do so. In my view, to do otherwise would undermine the purpose of the Disputes Tribunal Act 1988, for various reasons, including in particular that legal advisers are not permitted to appear in the Disputes Tribunal. Many parties are not legally advised at all. In each hearing, the law is expected to be applied appropriately by the Referee, and in many cases, this is without the parties having or requiring any...

7. [2016] NZEmpC 15 Holman v CTC Aviation Training (NZ) Ltd interlocutory [pdf, 87 KB]

   ...submissions. In that case the Court considered as part of its reasoning the following statement of Duffy J in Whakatane District Council v Bay of Plenty Regional Council as follows: 7 It is clear from these cases that an application for leave to permit late amendments to a pleading requires the Courts to conduct a balancing exercise between the general concern that parties to litigation comply properly with procedural requirements and the particular interest in each case of ens...

8. OWRUG - B J Sheehan - Supplementary - powerpoint presentation [pdf, 4 MB]

   ...MANUHERIKIA CATCHMENT – DAM AGES RANGE FROM 90 TO 118 YEARS OLD  CONTINUING TO SPEND FUNDS ON DAM SAFETY IS NONE NEGOTIABLE – THE FINANCIAL ABILITY OF DAM OWNERS TO CONTINUE TO FUND DAM SAFETY PROGRAMMES WILL BE COMPROMISED IN A 6 YEAR ROLL OVER OF PERMITS  WORKING CAPITAL WILL NEED TO BE BORROWED BUT THERE WILL BE A RELUCTANCE FROM FINANCIERS TO LEND WHERE THERE IS UNCERTAINTY ABOUT USERS ABILITY TO OBTAIN ACCESS TO WATER.  LIABILITY WILL BE COMPROMISED IF OWNERS CANT MEET...

9. [2021] NZACC 175 - TN v ACC (10 November 2021) [pdf, 116 KB]

   ...grandfather and uncle who were both convicted and incarcerated for the crimes they committed against her. [4] Although the appellant disclosed the abuse to her parents as early as the age of 7 she was forbidden to discuss it with others. She was not permitted to visit medical professionals unaccompanied. [5] At age 16 the appellant ran away from home but was returned by a man who her father then invited to stay in her room for several months. On one occasion that man forced the...

10. Nicholas v Caudwell - Succession to Walker Whakaahua Kameta (2021) Chief Judges MB 1023 (2021 CJ 1023) [pdf, 325 KB]

    ...2009) and adjourned pending a reserved decision. 28. The reserved judgement of Judge P J Savage is recorded at 348 Rotorua MB 282 – 293 (2 December 2009), where it was determined a) that s108(c) of Te Ture Whenua Māori Act 1993, did not permit the Nicholas Children from taking, pursuant to the will, because they were not related by blood. b) Held that none of Phyllis children were whāngai, given the distance in blood relationship, the age of the children and that acc...