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1. Stephen Chiles (dated 12 May 2017) [pdf, 2.2 MB]

   ...document is intended for the sole use of the Client as detailed on the front page of this document to whom the document is addressed and who has entered into a written agreement with the DNV GL entity issuing this document (“DNV GL”). To the extent permitted by law, neither DNV GL nor any group company (the "Group") assumes any responsibility whether in contract, tort including without limitation negligence, or otherwise howsoever, to third parties (being persons other than th...

2. Southland Standards Committee v P [2022] NZLCDT 12 (28 April 2022) [pdf, 215 KB]

   ...note that complaints about fees must be made within two years unless special circumstances apply: See clause 29 of the Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008. If cross-examination was permitted, P would face questions about conduct that occurred some time ago and, in some cases, more than seven years ago. [26] The Tribunal brings to this case its combined wealth of experience of dealing with the elderly. Elderly clien...

3. [2011] NZEmpC 76 Rush Security Services Ltd v Samoa [pdf, 132 KB]

   ...company‟s case was that the only shift agreed to by Mr Samoa during the previous week, and scheduled for him, was that which he performed at FDC on 20 July 2009. Mr Samoa‟s case is that he agreed to work four shifts at FDC that week but was only permitted to complete one of those shifts. [18] I find Mr Samoa‟s evidence to be more probably correct and reject the company‟s. That is for the following reasons. Mr Samoa‟s account of his shifts for that week is more consis...

4. [2016] NZSSAA 084 (29 August 2016) [pdf, 139 KB]

   ...moved into a sleepout at the back of the property because he had nowhere else to live. The appellant said she allowed Mr XXXX to stay at XXXX Place for the sake of the children. They had not reconciled. The appellant said, on the one hand she permitted him to stay because she wanted her children to have a relationship with their father. On the other hand, she said she was not happy about him staying as she was scared of him. She went so far as to suggest that she often asked he...

5. [2020] NZSSAA 8 (30 April 2020) [pdf, 191 KB]

   ...with Mr Bioletti as to the role he intended to take, we allowed him to appear as a McKenzie friend on the authority of Craig and Slater1 where the High Court allowed a practising barrister to appear as Mr Craig’s McKenzie friend. The High Court permitted the barrister to sit beside Mr Craig, take notes, quietly make suggestions to Mr Craig and give advice and propose questions and submissions to Mr Craig who could put them before the Court. The barrister could only address the C...

6. [2009] NZEmpC WC 14/09 NZ Meat Workers & Related Trades Union v AFFCO NZ Ltd [pdf, 57 KB]

   ...employee by the employer”. [48] So, we agree with counsel for the plaintiff that “terms and conditions of employment” can include concurrently provisions of the core agreement, a site agreement and, in this case, the trial agreement. That is permitted by clause 8 of the core agreement which deals with site agreements and permits their existence expressly in sub clause (c). [49] This conclusion is consistent with s61(1) of the Act which provides: (1) The terms and conditio...

7. Southern-Pastures-Limited-Partnership.pdf [pdf, 287 KB]

   ...phosphorus, sediment and microbial pathogens by the short-term numeric water quality values in Table 3.11-1 being met no later than 10 years after Chapter 3.11 of this Plan is operative. Support Policy 1(c) Amend as follows: Enabling, through permitted activity rules, low intensity farming and horticultural activities (not including commercial vegetable production), with low risk of diffuse discharge of those contaminants to water bodies, and requiring resource consents for all othe...

8. [2011] NZEmpc 122 Chen v BancLogix Limited [pdf, 106 KB]

   ...approved by Mr Boland on 16 September 2008. On 25 September 2008, Mr Chen again attended the office and a staff member reported to Mr Boland that he was trying to access the computers. Mr Boland spoke to Mr Chen and told him that he was not permitted to access the computers. At the same time, Mr Chen requested unpaid sick leave in advance from 10 October 2008 to 11 November 2008 but Mr Boland was not prepared to approve that application. Mr Boland told the Court that Mr Chen d...

9. [2012] NZEmpC 61 Pacific Flight Catering Ltd v Service and Food Workers Union [pdf, 135 KB]

   ...a union to initiate enforcement action on behalf of its members, principles of agency should apply so that only a party whose rights have been infringed can enforce those rights. The plaintiffs say that, as per Spotless, although ss 18 and 236 permit an employee to be represented by a union, they do not extend to permitting a union to issue proceedings in its own name, whether under s 130(2) or otherwise. The importance of the matter in this case, as the plaintiffs have identified...

10. [2022] NZEnvC 085 Lee & Rochwalski v Buller District Council [pdf, 380 KB]

    ...consulted. No assessment of environmental effects – seasonal flow and quality and quantity of supply of no concern. There was an obligation to have followed all processes correctly. The reasons for requiring the witness summons concern a water permit granted to the District Council. While the District Council accepts that the lawfulness of the resource consent may be relevant for determining if the activity can proceed, it submits the Environment Court has no jurisdiction in this...