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1. CD and Anor v GH LCRO 98/2013 (3 August 2016) [pdf, 102 KB]

   ...and (b) the practice obtains the client’s instruction or authority for the transfer or payment, and retains that instruction or authority (if in writing) or a written record of it; and (c) payments to a third party are made in a form that permits the crediting of the money only to the account of the intended payee; and (d) Rule 3 transfers to another client are by way of trust journal entry. 3 In providing regulated services to a client, a lawyer must always act com...

2. [2014] NZEmpC 93 Prime Range Meats Limited v McNaught [pdf, 108 KB]

   ...warning. That was the extent of the punishment arising out of the disciplinary process. But in addition a more informal and unwritten decision was made by Mr Hourston and Mr Forde that in future, Mr McNaught and Mr Lyall Spencer would not be permitted to work together. That was not a disciplinary step but it was a commonsense decision which was consistent with Prime's health and safety obligations as a good employer. Even Mr McNaught accepted the inevitability of that decis...

3. Horowhenua-District-Council-Cover-Letter-Form-7a-and-Form-18-20221101.pdf [pdf, 534 KB]

   ...and have - or have not - been applied for: Resource consents for a number of activities as set out in Volume I and in Part D of Volume II: Supporting Information and Assessment of Effects on the Environment. These include land use consents, water permits and discharge permits) as required by Resource Management Act, National Environmental Standards for Freshwater and the relevant provisions of the Proposed Natural Resources Plan for the Wellington Region and the Horizons One Plan. In add...

4. [2006] NZEmpC AC 53/06 Graham v Crestline Pty Ltd [pdf, 86 KB]

   ...given that Ms Swarbrick had confirmed that the balance of the otherwise privileged e-mail related to the question of Mr Graham’s shares in Crestline that were the subject matter of the settlement discussions. It would have been unjust to have permitted the plaintiff in these circumstances to waive privilege in part of the e-mail but continue to assert it in respect of the balance. In these circumstances I concluded that privilege had been waived in the whole of the e-mail and th...

5. [2007] NZEmpC AC 50A/07 Service and Food Workers Union Inc & Anor v Spotless Services (NZ) Ltd [pdf, 86 KB]

   ...Services These lockouts cover the entire period from midnight on Wednesday 11 July to 11.55pm on Wednesday 25 July. If you are employed in any of the above services then you have been legally locked out from the hospital site and are not permitted to be on the hospital grounds at any time from midnight on Wednesday 11 July. (emphasis added) … [23] Although the statutory lockout notices given to the union specified that selected identified employees would be locked out f...

6. ORC & Dairy NZ Ltd - EIC - Logan Bowler - 17 September 2021 [pdf, 935 KB]

   ...sites. What the DESC is and what it takes into account 45 In PC8, the need for sufficient storage capacity within effluent systems has been included in the rule framework relying on the DESC. 46 The DESC is referenced in both Rule 14.7.1.1 (new permitted land use rule) and Rule 14.7.2.1 (new controlled land use rule). In both cases, the rules require that the animal effluent storage facility is sized in accordance with the “90th percentile as calculated by the Dairy Effluent...

7. International comparisons of recorded violent crime rates for 2000 [pdf, 288 KB]

   ...- Training of persons under 12 for dangerous performances - Taking children to nurse for reward - Exposing child to risk of burning - Allowing child or young person to be in brothel - Neglecting to provide for safety at children’s entertainment - Permitting child to be in verminous condition 12. Abandoning a child under the age of two years 13. Child abduction 14. Procuring illegal abortion 15. Concealment of birth 37.1 Causing death by aggravated vehicle taking 104. Assault on a constable...

8. ENVC Hearing 6Oct14 AC rebuttal Nicole Bremner [pdf, 209 KB]

   ...the Transport Area does not provide for carparking. I do not agree with this statement on the basis that carparking is expressly referred to in Policies 2 and 3 to Objective 10a.18.3.1 of the ODP. Further, carparking in the Transport Area is a permitted activity under Rule 10a.18.5.1 of the ODP; and as I have just mentioned, this activity is not subject to the set back requirement under Rule 10a.18.6.10. 55. At paragraph 103 Mr Scott states his view that the Application is cont...

9. [2022] NZEmpC 218 New Zealand Nurses Organisation v Te Whatu Ora Health New Zealand [pdf, 326 KB]

   ...cases involving commercial litigation and/or claims for financial loss where the “full rigour” of the High Court Rule had been applied. Regulation 6 of the Regulations, he submitted, is subservient to the provisions of the Act, and to the permitted presence of parties in a manner which enabled the Court or the Authority to “more effectually dispose of any matter before it according to the substantial merits and equities of the case”.1 [33] Mr Harrison also observed that th...

10. [2022] NZEmpC 200 Stewart v AFFCO New Zealand Ltd [pdf, 309 KB]

    ...to make their respective freezer departments work on Sundays. Mr Stewart said this was in the context of a need for AFFCO to catch up on container loading and happened despite – in Mr Stewart’s opinion – the fact that such a step was not permitted in the absence of a compliant availability provision. Overview of the parties’ cases [26] Mr Stewart submitted that there were three elements to his disadvantage claim. [27] First, he said that by not receiving any consider...