Search Results

1. [2023] NZEmpC 117 Downer New Zealand Ltd v King [pdf, 240 KB]

   ...party is unable to participate by AVL that party may do so by telephone. Obviously, as appropriate, arrangements will need to be made with the Registrar of this Court for access to AVL link and/or an exchange of telephone numbers. (d) Downer is permitted to serve Mr King by email at Joseph.King86@outlook.com. Service is to be effected on him as soon 7 Employment Court ‘Guideline for Appearing by Audio-Visual Link’ <https://employmentcourt.govt.nz/>. as...

2. [2023] NZREADT 27 – Sharma v CAC 1901 & Brake (3 October 2023) [pdf, 122 KB]

   ...burglary after the purchasers took possession, not from the omission to inform them of two burglaries six months prior to purchase. Costs [52] Ms Brake challenges the Committee’s award of $1,395 in costs in favour of the purchasers (or at least permitting its enforcement) on the basis that she has now been put to substantial costs by the purchasers’ “hopeless” appeal. This challenge must fail for the following reasons: 1. Ms Brake has withdrawn her appeal against the Co...

3. Human-Rights-Commission-Re-Hendrie.pdf [pdf, 511 KB]

   ...investigation quite unlike a criminal trial where the prosecutor accuses and the accused defends, the judge holding the balance or the ring, whichever metaphor one chooses to use." It is true that in New Zealand cross-examination by counsel for permitted interested parties is allowed, but that does not detract from the inquisitorial nature of the inquiry, and from the fact that the findings are not conclusive as to the liability, civil or criminal, of any person. There are of course...

4. Tully v Yerman [2012] NZIACDT 39 (31 July 2012) [pdf, 78 KB]

   ...persistently attempted to blame her client. [24] The question is what is reasonable and necessary to expect Ms Yerman will understand her professional obligations, and maintain them. [25] One approach would be to cancel Ms Yerman’s full license and permit her to apply for a provisional license, so she has the benefit of mentoring before resuming the unsupervised delivery of professional services to the public. However, I am reluctant to take that course. First, Ms Yerman’s practic...

5. LP v VS & Ors LCRO 170 / 2011 (17 May 2012) [pdf, 86 KB]

   ...seeks a review of that decision. Background [2] It appears from Court decisions on file that in 1989 the Applicant, who had been practising as a solicitor on his own account, was prohibited from doing so by the New Zealand Law Society (NZLS) but permitted to practise as an employed solicitor. Two of the Respondents, Messrs VS and VP, apparently took over the Applicant’s former practice and employed him as a staff solicitor. Things did not work out and in 1991 the Applicant iss...

6. [2014] NZEmpC 183 Scarborough v Micron Security Products Ltd interlocutory [pdf, 92 KB]

   ...This is another reason why Ms Scarborough has been urged to take professional advice about the conduct of her case. Witnesses who decline to be briefed but are called unbriefed are often a risky proposition for a party and the Court will not permit a party to impeach the evidence of its witnesses or to cross-examine them except in exceptional circumstances. Put shortly, a course of conduct such as that proposed by Ms Scarborough can sometimes be counter-productive at best and fat...

7. MH & QH v I Ltd [2023] NZDT 597 (2 November 2023) [pdf, 208 KB]

   ...saying that they did not wish to attend the hearing for health reasons. They did not seek an adjournment or ask to be heard by telephone or other such means. I have therefore proceeded to hear the matter without the Respondent being present. This is permitted pursuant to s42 of the Disputes Tribunal Act 1988. MH & QH attended today’s hearing. 7. I confirm that I have reviewed all the evidence provided by I Ltd, including photographs, a report from Mr P, an email between Mr P an...

8. [2022] NZEnvC 122 Tauranga Environmental Protection Society v Tauranga District Council [pdf, 369 KB]

   ...decision of independent commissioners for the Councils granting Transpower land use consents under the Resource Management (National Environmental Standard for Electricity Transmission Activities) Regulations 2009 and land use consents and coastal permits under the Bay of Plenty Regional Coastal Environment Plan for certain works. The proposed works related to the realignment of an existing electricity transmission line called the Hairini - Mt Maunganui A line which traverses the...

9. OJI-Fibre-Solutions-NZ-Limited-84-85-86-90-91-92-94-96-97-98-99-100-101-102.pdf [pdf, 181 KB]

   ...sought is opposed as it seeks to increase the nitrogen leaching rates that set the trigger for activity status in the plan in a manner that would result in, in combination with the other relief sought, many existing farming activities able to operate as permitted activities. This would have the effect of grandparenting many discharges in a manner that will fail to incentivise improved management. Further, increasing the percentiles creates a higher risk that the objectives of the plan wi...

10. Te Manutukutuku Issue 10 [pdf, 2.8 MB]

    ...creating state owned corporations to manage radio and television on primarily commercial lines. The State-Owned Enterprises Act 1986 provided for the transfer of assets to these corporations and stated at section 9 that nothing in the Act shall permit the Crown to act in a manner that is inconsistent with the principles of the Treaty of Waitangi. The Maori plaintiffs sought judicial review and a declar­ ation that the transfer of assets without inquiry into the extent of the Crown�...