Search Results

1. [2024] NZEmpC 171 Lanigan v Fonterra Brands (New Zealand) Ltd (Interlocutory (No 3) [pdf, 196 KB]

   ...thereof, in person. [18] The application is consented to by the parties and the other intervener, the New Zealand Council of Trade Unions. [19] Section 7 of the Courts (Remote Participation) Act 2010 provides the Court with discretion to permit appearance by AVL in accordance with the criteria in s 5 and taking into account whether the parties’ consent. Section 5 of that Act states: 5 General criteria for allowing use of audio-visual links A judicial officer or Registrar mu...

2. NB v CF & MF [2024] NZDT 515 (13 August 2024) [pdf, 214 KB]

   ...additional term of the contract that the purchase price was reduced due to the likelihood of the imminent failure of the septic tank system and the potential issues NB was alerted to. 17. Clause 7 also provides that where the vendor has caused or permitted work to be done, they have obtained the required consents. CF and MF agreed that they had removed the bath and substituted a shower, but said all the existing waste water pipes remained exactly as they were. NB did not provide ev...

3. U Ltd v NG [2024] NZDT 492 (1 July 2024) [pdf, 198 KB]

   ...is because it knew he had read the email and the usual action of someone receiving confirmation of a booking that they have solicited, if they did not want that booking, is to contact the other party to advise them of that. By not doing that NG had permitted U Ltd to rely on his silence and allocate its resource to his job. While NG may not have read that email/not read it properly, U Ltd could reasonably have assumed that he had done so. c. I find that the terms were sufficiently cer...

4. 2017 NZSSAA 067 (27 November 2017) [pdf, 105 KB]

   ...6 The nature of the holiday [26] As we have concluded that this is an appropriate case in which to exercise the discretion under Regulation 4(b), we are not required to consider whether the reason for the absence falls within one of the permitted reasons for an absence provided in Regulation 5 which applies only to Regulation 4(a). The correct benefit [27] As the appellant did not raise the question of whether she was on the correct benefit in her application to the Benefit...

5. [2016] NZEmpC 131 A Labour Inspector v Taste of Egypt Ltd [pdf, 89 KB]

   ...the company and, therefore, its failure to pay the sums orders by the Authority against the company. In the cases of Saeed Awad and Dianne McFarlane, who are a couple, the applicant emphasises that the terms of the order sought and made will permit them to have access to funds for ordinary living expenses; for the payment of legal expenses relating to the freezing order; and for the disposal of assets or the making of payments in the ordinary course of their business including th...

6. [2023] NZEnvC 213 Clutha District Council v Otago Regional Council [pdf, 219 KB]

   ...September 2023. 4 Memorandum of counsel for the Otago Regional Council dated 26 September at [3]-[4]. 3 [4] In particular the abatement notice requires specific actions to be undertaken to achieve compliance with conditions 1 and 4 of the water permit.5 Specifically, action points 1(b), (c) and (d) which state:6 (b) Carry out preliminary geotechnical investigations using low-impact techniques, i.e. hand augers. These should focus on gaining an understanding of the dam fill m...

7. Wellington Standards Committee 2 v Collins [2023] NZLCDT 3 (20 February 2023) [pdf, 102 KB]

   ...that his client has demonstrated a lack of insight. Mr Fowler submits that his client did not deny that there was a possible conflict but pointed to issues of timing as minimising this failure. [19] As Mr Fowler rightly points out, the rules do permit a practitioner to act for vendor and purchaser in one transaction in specified circumstances. However, it is clear that given the vulnerability of his client, he ought to have declined to do so in this case. Despite the property h...

8. [2021] NZEmpC 127 AlKazaz v Deloitte (No. 3) Ltd [pdf, 194 KB]

   ...the proceedings as legal counsel and her claim not to have first-hand knowledge of matters prior to the proceedings. [14] At the time of the disclosure issues arising, Mr AlKazaz sought permission to cross-examine Mrs Skilton and this was not permitted.9 At the hearing, he attempted to make a distinction between disclosure in the sense of seeking further documentation, and his attempts to prove that a number of documents had been falsified or withheld. [15] Rule 7.28 contempl...

9. Acoustic (dated 6 June 2017) [pdf, 308 KB]

   ...guidance for assessing noise from wind farms. The noise limits require measurement in accordance with NZS 6801:1991, which restricts the wind speeds under which sound levels can be measured. 7. The rules in the operative district plan define a permitted activity noise limit that is typical of rural zones in many districts throughout the country. 8. We agree that NZS 6808:2010 provides appropriate criteria and assessment methods for this wind farm, acknowledging the Standard inc...

10. M (C M Trust) v Tower Insurance Ltd [2019] CEIT-2019-0012 [pdf, 213 KB]

    ...are adverse to that party’s case or supportive of their own case, they may seek an order from the Tribunal requiring that the other party file a list of all documents that it has in its possession or control that are relevant to the claim, and permit the inspection of those documents by the first party.” 1 Practice Note “Documents to be used at the hearing”, page 5 [10] It follows from this that the Tribunal has the necessary power to order discovery of documents if it...