Search Results

1. [2018] NZEmpC 67 Wendco (NZ) Ltd v Unite Inc [pdf, 322 KB]

   ...lawyers wrote to Unite, in response to a strike notice which had been issued that day, stating: Finally, we remind you that during any strike you may not picket unlawfully. This means that you may not picket on private property. You are not permitted to picket on any of Wendy’s property, including stores, car parks, driveways or drive thrus. You are also not permitted to block drive thrus. It is unlawful to intimidate any employee or customer of Wendy’s. If any trespass,...

2. Tuwhangai v Boon - Kawhia U2B [2022] Maori Appellate Court MB 345 (2022 APPEAL 347) [pdf, 313 KB]

   ...Rae v International Insurance Brokers (Nelson Marlborough) Ltd [1998] 3 NZLR 190 at 192 (CA). Particular weight will be accorded in summary judgment proceedings to the need for finality: it is only in exceptional circumstances that the Court will permit further evidence to be filed on appeal: Lawrence v Bank of New Zealand (2001) 16 PRNZ 207 (CA). [26] We are not satisfied that the further evidence is necessary to reach a just decision for three reasons. First, the appellant had amp...

3. [2013] NZEmpC 131 Young v Bay of Plenty DHB [pdf, 83 KB]

   ...as to how much of that award vests in the Official Assignee and how much is left to Mr Young for the financial support of himself and his family. [50] That is not a reckoning that the Court can undertake, let alone at this point. In order to permit that to happen, however, the Official Assignee should not be permitted to discontinue or withdraw either Mr Young’s claim to remuneration compensation for those periods or even, assuming liability is established against the d...

4. LCRO 251+257+258+259+260+261/2015 TS Trust v WK, VH, Ql, IV, ZG (13 June 2018) [pdf, 220 KB]

   ...Conveyancers Disciplinary Tribunal. [19] The Trust also sought a variation of the restriction on publication by the Committee should the Committee’s findings be confirmed on review. It sought: removal of the confidentiality restriction: (i) to permit a copy of the document to be provided to Ms KJ; and (ii) to permit publication of the names of the practitioners Mr WK [20] [Counsel A] submitted that the Committee erred in the finding of unsatisfactory conduct against Mr WK i...

5. [2021] NZEnvC 124 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 1.7 MB]

   ...ONLs or RCLs. 10. The following table identifies rules that have different requirements depending on whether land is within the ONL, ONF or RCL landscape classification. Rule Rural Zone ONF Rural Zone ONL Rural Zone RCL Chapter 25 Earthworks permitted volume (cut and fill) 10m³ 1000m³ 1000m³ Chapter 21 Rural Zone Farm Buildings Farm buildings are not permitted and require a resource consent. Farm buildings are permitted up to a height of 4m and ground floor...

6. Rafiq v Commissioner of Police [2012] NZHRRT 13 [pdf, 98 KB]

   ...inquiry by the Registrar, Mr Rafiq confirmed that he had not travelled to Wellington, would not be attending any of the hearings and would be relying on his “paper submissions”. The hearing accordingly proceeded in the absence of Mr Rafiq, as permitted by Regulation 19(3) of the Human Rights Review Tribunal Regulations 2002. The Commissioner’s only witness, Ms Katherine Baird, Legal Adviser of Wellington, gave oral evidence in accordance with her brief of evidence and answered su...

7. [2024] NZEnvC 280 Horongarara Point Group v Waikato District Council [pdf, 735 KB]

   ...The effect of the mapping adopted in the decisions version of the PDP is that portions of the Properties fall within the High Risk coastal erosion area and are subject to rules NH-R36 to NH-R52. Within the mapped High Risk coastal erosion area, permitted activities include minor new structures (NH-R36 and NH-R37) and activities associated with maintenance or repair of existing protection structures, telecommunications and electricity (NH-R39 to NH-R42). New or upgraded hard protecti...

8. [2024] NZEnvC 287 Port Taranaki Limited v New Plymouth District Council [pdf, 1.1 MB]

   ...Activities PREC12-R17 Building activities (1) Port Operational Activity status: PER Where: Activity status where compliance not achieved: RDIS Areas A, B & C Port Industry Area 1. the building activities are associated with permitted land use activities for the relevant sub-precinct; and 2. all relevant PREC12 - Port Precinct Effects Standards are complied with. Matters over which discretion is restricted: 1. The extent to which the construction, alteration,...

9. Tairua v Aati - Estate of Mere Hare Kerepeti [2020] Maori Appellate Court MB 224 (2020 Appeal 224) [pdf, 308 KB]

   ...that there can be no presumption that the evidence should be believed as the evidence is in the nature of an assertion of personal recollection and speculation. Finally, Mr Watson submitted that there were not any exceptional circumstances to permit the filing of further evidence as per Faulkner v Hoete.13 12 Dragicevich v Martinovich (1969) NZLR 306 (CA). 13 Faulkner v Hoete - Motiti North C No 1 [2017] Māori Appellate Court MB 1...

10. NZLS 19 Mar 2013 Giving Evidence [pdf, 281 KB]

    ...compelled to answer questions that would incriminate you. If you feel that giving evidence might incriminate you, talk to a lawyer about that. Usually, a witness gives evidence orally in a courtroom. However, there are other ways in which the judge can permit a witness to give evidence, including: ·· giving evidence while screened from the defendant; ·· giving evidence-in-chief by video record; ·· giving evidence by closed circuit television from another room in the courthouse;...